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Legal Advice For Tenant Disputes: A Complete Guide

DJP Solicitors

Legal disputes can be a stressful time for all parties involved, and tenant-landlord disputes can be emotionally challenging for both parties. If you are a landlord or a tenant experiencing problems with a specific property, you may be looking for some legal advice or trying to find out what your options are. Our guide is here to help you understand what kind of disputes may require legal services and how a legal team can help your claim. To find out more about tenant disputes and what you can do about your situation, keep on reading!



Understanding Types Of Tenant-Landlord Disputes

There are a range of problems that can occur between tenants and landlords, so knowing what kind of dispute your situation is will be crucial to your case. We’ve outlined some of the most important dispute categories to be aware of.


Rent & Payment

Rent and payment disputes are some of the most common disputes when it comes to tenancy. This could include things like:


●    Late rent - Tenants failing to pay their rent on time


●    Rent increases - Tenants may disagree with the frequency of rent increases or the amount the rent is increasing by


●    No-payment - Tenants not paying rent or withholding it for any reason can be cause for a dispute


Maintenance & Repairs

When there are problems with the property that regard maintenance or repairs that need to be carried out, these are some of the common problems that arise:


●    Delayed maintenance works - Landlords being aware of maintenance requests and refusing to tend to them promptly.


●    Unsafe living conditions - If maintenance issues are causing the property to be unsafe to live in or hazardous then landlords should deal with this immediately.


●    Damage to the property - There can often be disputes over who is responsible for the damage and how this should be dealt with.


Lease Disputes

Lease agreements can often have problems regarding:


●    Terms of the lease - Terms and conditions of the lease that a tenant may have problems with


●    Terminating a contract early - If a tenant asks to terminate a lease early or a landlord initiates an eviction, this can cause disputes


●    Deposits - Often there are disagreements when it comes to the return of a security deposit. It’s important to read your lease agreement carefully and be aware of what is stated in the contract.


Eviction

If a landlord decides to evict tenants, disagreements can be common, especially if there is:


●    An unlawful eviction - Landlords who are trying to evict tenants without following any legal regulations may face problems


●    Tenant defences - If landlords are trying to evict tenants, they may contest the eviction based on their legal rights


Discriminatory Disputes

If there are cases of discrimination based on race, gender or disability, these are grounds for legal cases.


Dispute Resolution: What You Need To Know

When it comes to resolving a dispute, there are a few common ways to go about resolving landlord-tenant disagreements.


Deposit Protection Schemes

Here in the UK, there are three government approved tenancy deposit protection schemes, which are designed to protect a tenants deposit and offer dispute resolution if there is a disagreement about a deposit. These resolution mechanisms however, are only offered when the dispute directly involves the deposit. For other kinds of disputes, you may need to seek legal advice to resolve the dispute.


Legal Services

Legal action through the courts can be applied to a range of different disputes that were mentioned above. There are a range of advantages that come with hiring a solicitor or lawyer which we have outlined below. If you want to seek out legal advice for a tenancy dispute, you can read more about our services at DJP solicitors.


How Does Eviction Work: Tenants & Landlords

If you are evicting a tenant, or you have been issued an eviction by your landlord, these are some steps to be aware of throughout the process.


Tenants

●    The eviction process usually starts with a notice given by the landlord, including the reason for eviction

●    You should carefully review this notice so that you understand the reason for eviction and you are aware of the timeline for rectifying the problem

●    Responding to the notice could mean paying rent, addressing a breach of contract or discussing problems with your landlord

●    Consult legal advice if possible, a lawyer can provide support and counsel throughout this process

●    Your case may go to court, in extreme cases and you will have to defend against eviction

●    If the court decides to rule in favour of eviction, you will be expected to remove yourself and belongings from the property. Here at DJP solicitors, we do not kick tenants out of properties, our responsibility is to only serve the eviction notice.


Landlords

●    For landlords, you should give your written eviction notice to your tenant so that they are aware of the reason you are evicting them

●    Wait to see if your tenant decides to rectify the issue that you delivered the eviction notice for

●    File a lawsuit if necessary and seek legal advice if the tenant is not complying with your notice

●    You must then provide your tenant with a summoned and a copy of the notice to to notify them of the court date, time and reason for eviction

●    You must also show up to the court case with relevant evidence for your case

●    You will then wait for the verdict of the court. If they grant you possession of the property, then the tenant will have to leave the property.

●    If your tenant fails to leave the property, then law enforcement will have to physically remove the tenant from the property


If you need advice or help with the eviction process, you can visit our website for more information.


How Can Legal Services Help Me?

If you are a tenant or landlord who wants to raise a dispute but you’re unsure about seeking legal advice, these are some of the ways in which legal assistance can help you with your dispute.


Expertise

Specialist solicitors will have the knowledge, experience and expertise to help you deal with your tenancy dispute in the best way. It can help the process to be more efficient and legal experts can guide you through complex situations.


Objective Third Party

Having legal advice also means that there is a neutral third party involved. While they are trying to help you fight your case, they must take facts and circumstances into account in an objective manner. This neutrality means that both parties can voice concerns, problems and negotiate fairly with objective mediation. 


Documents & Evidence

Throughout the process of your dispute, holding onto documents and evidence is essential to providing the relevant evidence in your case. Legal professionals can help you to organise, collect and provide the correct documents to support your case.


Negotiation

Legal professionals are skilled at negotiating and will be advocating for their client’s rights. They can help to negotiate when it comes to repairs or maintenance and assist landlords in recovering unpaid rent or address lease violations.


Legal Protection

If you’re worried about anything to do with your dispute, your solicitor will ensure that you are protected throughout the process and after you have resolved the dispute. Legal services can help tenants to avoid wrongful disputes, evictions or other unlawful actions. They can also help to guide landlords through the eviction process while keeping them within the legal guidelines.


Efficient Resolution

Without legal advice, these disputes can be dragged out or remain unresolved for much longer than they need to. Seeking expert legal services can lead to faster resolutions and speed up processes, which will save you both time and money.


DJP Solicitors

If you’re looking for efficient and professional legal advice regarding a landlord-tenant dispute, our team at DJP solicitors is here to help.


Our specialists have the relevant experience and expertise to help you through your dispute. Any kind of legal dispute can be an emotionally challenging time and our law firm is here to support you every step of the way.


To read more about what we do, you can visit our website. Alternatively, you can contact us today to speak to our team directly for more information.

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