Landlord & Tenant
Legal disputes over housing and accommodation can cause significant personal and financial stress whether you are a homeowner, landlord or tenant. We understand the challenges arising from the landlord and tenant relationship and can act for either side in various disputes. Our experienced housing law solicitors are dedicated to protecting your rights no matter which side of the fence your dispute sits.
Tenancy agreements
A tenancy agreement is a contract between a landlord and tenant that sets out the rights and responsibilities of each party. It includes matters such as the length and type of tenancy, the rent and deposit payable, any specific restrictions imposed by the landlord, and how the tenancy may be ended.
We recommend that all tenancy agreements be in writing and reviewed by a solicitor. In addition to complying with specific legal requirements, the agreement should be fair and clear and set out a balance of rights between the parties. A well-drafted tenancy agreement can help put a landlord and tenant on the same page from the beginning of their relationship and minimise potential disputes.
Help for tenants
For tenants, a housing solicitor offers protection and clarity by reviewing rental agreements to ensure fairness and legality. We can explain the rights and protections provided to all tenants under UK law and assist with matters like disputing unfair eviction notices, repair, and maintenance issues, and negotiating deposits.
Tenants have various rights aimed at ensuring their safety, security, and comfort in their rented properties. Fundamentally, they have the right to live in a property that is safe and in a good state of repair. The property must be structurally sound and meet specific safety standards, including functional heating and safe gas and electricity installations.
The amount of rent and the payment schedule must be agreed to before the tenancy begins, and any rent increases must be fair and documented in the agreement with proper processes followed for rent changes. Tenants also have a right to privacy and quiet enjoyment. Usually, landlords cannot enter the property without prior notice, typically at least 24 hours, unless in the case of an emergency.
Tenants cannot be evicted without a justified cause as defined by law, and any eviction must follow a legal process, including receiving a proper notice period. If you cannot pay your rent and are facing eviction, there are avenues we can explore before you are evicted. If you have already been evicted, we can explore any options to have you allowed back into the property.
Public funding is available through the Legal Aid Agency for tenants who are assessed to be eligible.
Advice for landlords
If you wish to rent out your property, it is important to understand your legal rights and responsibilities. While a rental property can be a good investment, you need to ensure that you (and your property) are protected if things go wrong. We can help you determine the most suitable type of tenancy for your needs and include any additional conditions in the tenancy agreement to help protect your interests.
Landlords have a range of obligations to meet when renting a property and a solicitor can help you to understand these. Fundamentally, they must keep the rental property in a safe and habitable condition, which includes:
- Ensuring water, gas, electricity and sanitation are in working order
- Keeping the structure and exterior of the property in repair and carrying out any repairs within a reasonable period
- ensuring smoke alarms and carbon monoxide alarms are fitted and working
- arranging for annual gas safety checks, if relevant
- arranging for electrical safety checks
Landlords must also follow fair procedures for rent increases and evictions. Any rent adjustment must be justified, communicated clearly, and made according to the terms of the tenancy agreement and applicable law. Should the unfortunate need for eviction arise, landlords must comply with the correct legal process, provide the tenant with the relevant notices, and an opportunity to contest the eviction if they believe it to be unjust.
If you need help, contact [email protected] or call 020 3565 0074.