Dealing with tenant disputes, whether you’re a landlord or a tenant, can be very stressful and drawn out processes. Plus, they can be expensive and have a draining effect on your mental health and that of others around you.
This is why it’s important that you firstly understand the most common tenant disputes that arise so you can better avoid them. It’s also important that you know how to deal with these disputes from one stage at a time and when you ought to seek professional legal advice. Finally, it’s explained how DJP’s legal services can benefit you, whether you’re a landlord or a tenant.
Common Disputes
When it comes to tenant disputes, there are three main types of disputes that most commonly arise, and they are:
Maintenance: It’s the landlord’s responsibility to ensure that the property is properly maintained for its tenants which includes making sure that it’s a safe place to live. A common tenant dispute is that the landlord isn’t fulfilling their basic duties and is neglecting aspects of this maintenance. For example, there may be a problem with the structural integrity of the building, there may be an issue with the heating or the water which isn’t being addressed or there could be a development of mould that isn’t being addressed.
Cleanliness: Whilst the maintenance of key functions of the property is the responsibility of the landlord, the responsibility of the cleanliness of the property is down to the tenants. A great tip is to make sure that photographs are taken before anybody moves in to ensure there are records of the room’s condition prior to tenancy. This way, should there be any issues, these photographs can be consulted at a later date for comparison.
This is the main factor behind taking an initial deposit. If the property isn’t in the same condition and the landlord needs to repair or clean the property as a result of the tenants then the deposit can be used to fund this. If you’d like to dispute the deduction of a deposit then an experienced solicitors firm like DJP Solicitors will be able to provide you with expert legal advice.
Non Payments: This is one of the common issues faced by landlords and it involves a broad spectrum of causes, including:
● Falsely claiming payment
● Refusing to pay altogether
● Refusing to pay adjusted rent costs
● Refusing to pay for maintenance and upgrade expenses.
This is one of the situations that’s best left to trained experts. Even though you can confront the tenant yourself, if they’ve agreed to pay the rent in the tenancy agreement then it won’t be easy for them to change this, especially if their reasons for refusing to pay are unreasonable. By getting involved, you’re only putting your chances of being fairly paid at risk.
Evictions
This is another common reason why tenant disputes arise but it can be treated as a category of its own because eviction is usually motivated by other factors such as non-payments. In fact, a lot of problems involve a few of these factors. For example, a landlord may wish to evict a tenant who refuses to pay rent because they argue the landlord isn’t fulfilling their maintenance obligations.
Specialists like DJP Solicitors can help you with evictions by providing legal services such as legal advice and serving eviction notices. Whatever you do, it’s important that you follow the necessary procedures when evicting a tenant and that you don’t resort to taking matters into your own hands.
What You Should Do
Should you find yourself in the position where you’re arguing with your landlord or tenant or you believe you’ve been wronged by them, there are a number of steps you can take. Work through these potential solutions one after the next to try and solve the problem before it escalates, which can happen very quickly.
Know the Law: The first thing to do is to take the time to understand the law. This way, you’ll know who’s really in the wrong. Rather than wasting money and time on pursuing a lost cause or allowing yourself to be duped, you should gain a basic understanding of the law. Plus, it’ll avoid you breaking the lease agreement or allowing your rights to be sidestepped without knowing.
Documentation: A great way to be prepared in any instance is to record details about your landlord or tenant. Keep a file and create a paper trail which outlines the times they have broken the terms in the lease agreement or have made unreasonable demands. Sometimes this alone will dissuade the other party from pursuing the matter any further. This paper trail will provide evidence should you need to prove your case.
Remain Calm: It can be stressful when you’re dealing with a difficult landlord and tempers can easily rise. It’s important to stay on top of your emotions and to avoid them getting the better of you. By doing this, you’ll be representing yourself most optimally should the matter go to court. The last thing you need when trying to resolve tenant disputes are further charges because you let your temper get the better of you.
Talk About It: If both parties are sufficiently calm and aren’t arguing or fighting then it’s a good idea to have a conversation about the issue before getting any legal services involved. Pick a neutral territory so that neither party feels uncomfortable and talk the problem through. Start with the causes, establish what actually happened and then begin to work through some potential solutions. The key is understanding that neither party wants the issues to continue and that each will want to put the problems at hand behind them.
Small Claims Court: A lot of disputes regarding rental properties end up in small claims courts because the amount of money in question isn’t usually large amounts. Small claims courts are usually both a cheaper and quicker option than going to civil or criminal courts.
How Can Solicitors Near Me Help?
Should the above options fail, you’ll want to approach a solicitor. There are a whole range of services that solicitors can help with, from beginning to end.
Versatility: Solicitors have the advantage of being versatile lawyers. They’re knowledgeable on a range of legal areas which can be very beneficial. As previously mentioned, tenant disputes usually involve a lot of factors and these may require an understanding of the law in multiple areas to provide sound legal advice.
From beginning to end: The other advantage of using expert solicitors is that they’ll know how they can help at every stage. Whether it’s providing advice and helping you get your head around the law right the way through to representing you and fighting your corner or preparing documents and signing contracts, DJP Solicitors will be able to help.
Stress Relief: Another key benefit of using legal experts is that it takes a huge weight off your shoulders. Tenant disputes can be very stressful processes so having a professional handle the issue whilst you get on with your job and look after your family will have a positive impact on your mental health and general wellbeing.
Here at DJP Solicitors, our priority is to provide excellent legal services to all of our clients, regardless of how big or small the case is. We understand the expectation for a simpler approach toward legal costs and the expectation for modern day lawyers to be able to tackle a whole range of cases. Our solicitors are highly trained and very well experienced in a whole spectrum of legal areas.
If you have any questions about tenant disputes, or if you’d like to talk about any of our other services from employment to family to civil litigation, then don’t hesitate to get in touch with us by calling 01224 590053 today!
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