Common causes of tenant disputes

 

Both tenants and landlords may need to seek a legal advice for a range of different matters and disputes, whether it’s payment and interest or maintenance, damage, cleanliness and/or breaking the terms in their tenancy agreement. There could also be issues in the payment of bills, increase of rent, and the deposit returns.

 

On 20 March 2019, a new Homes (Fitness for Human Habitation) Act came into effect. Its aim is to give renters more powers to act against landlords who provide sub-standard accommodation. If properties do not meet a certain standard and requirement, tenants have the right to take their landlord to court.

 

What can I do regarding an issue around damage to property?

 

In September 2018, the government announced further protections as part of the Tenant Fees Bill for tenants against unfair letting fees. Tenants in the private rented sector will no longer be forced to pay excessive fees for minor damages.

This will put a stop for tenants to being charged hundreds of pounds for a damaged item that only costs a few pounds to replace – such as £60.00 to replace smoke alarms which the local council would have replaced for free.

 

The Bill is expected to save tenants around £240 million a year.

 

However, while the law states that the tenants do not have to pay for normal wear and tear, landlords can claim back for the costs of any damages beyond what is reasonable. The tenants also have an obligation to stick to terms of their tenancy regarding keeping pets. Should pets cause any damage, landlords have the right to deduct a certain amount from a tenant’s deposit or ask them to pay for repairs.

 

Can a landlord gain access to a property?

 

A landlord cannot gain access to a property without consent. During the tenancy period, it is illegal for a landlord to enter a property without the consent of a tenant.

 

Landlords have the right to ‘reasonable’ access to carry out repairs but must give at least 24 hours’ notice. This means a landlord must not pay their tenants an impromptu visit without good reason.

It is a criminal offence for landlords to harass their tenants and these includes:

 

• Entering property without permission

• Using abusive or threatening behaviour

• Entering the property to undertake unreasonable and needless repairs to annoy the tenant.

They must not physically throw their tenants out of their property.

 

Evicting tenants

 

There are two types of assured shorthold tenancies:

 

• Periodic tenancies – run week by week or month by month with no fixed end date.

• Fixed-term tenancies – run for a set amount of time.
   

Procedure:

 

Give your tenants a Section 21 notice if you want the property back after a fixed term ends – if there is a written contract and during a tenancy with no fixed end date.

 

Give them a section 8 notice if they have broken the terms of the tenancy.

You cannot use a Section 21 notice if these apply:

• It is less than 4 months since the tenancy started, or fixed term has not ended, unless there is a clause in the contract allowing you to do so.

• Property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council.

• Tenancy started after April 2007, and you have not put the tenant’s deposit in a deposit protection scheme.

• Tenancy started after October 2015, and you have not used form 6a or a letter with all the same information on it.

• The council has served an improvement notice on the property in the last 6 months.

• The council has served a notice in the last 6 months that says it will do emergency works on the property.

• You have not repaid any unlawful fees or deposits that you charged the tenant.

 

You also cannot use a Section 21 notice if you have not given the tenants copies of:

 

• Property’s Energy Performance Certificate

• Government’s ‘how to rent’ guide.

• A current gas safety certificate for the property, if the gas is installed.
  
  Section 21 notice must give your tenants at least 2 months’ notice to leave property. If you have a ‘contractual’ periodic tenancy, you may need to give a longer notice period. The amount of notice must be the same as the rental period, if more than 2 months. For example, if your tenant pays rent every 3 months, you must give 3 months’ notice.

 

Section 8 notice of seeking possession:

 

• Must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. Specify on the notice which terms of the tenancy they have broken.

• You can give between 2 weeks’ and 2 months’ notice depending on what terms they have broken.

• You can apply to the court for a possession order if your tenants do not leave by the specified date.

• You can get legal advice on how to fill in a Section 8 with the correct notice periods and how to give it to your tenants.

 

2.)   Apply to court for a standard possession order if tenants do not leave by the date specified on the notice and they owe you rent. You can also apply for an accelerated possession order if you are not claiming rent arrears.

 

3.)   Apply for a warrant for possession if your tenants still will not leave – this means bailiffs can remove the tenants from your property.

 

Excluded tenancies or licenses.

 

It is not imperative to go to court to evict tenants if they have an excluded tenancy or licence, for example if they live with you.

 

You only need to give them a ‘reasonable notice’ to quit. This usually means the length of the rental payment period, so if your tenants pay rent weekly you can give them one week’s notice. The notice does not have to be in writing.

 

You can then change the locks on their rooms, even if they still have belongings in there.

 

Assured and regulated tenancies

 

If tenants started their tenancy before 27 February 1997, they might have an assured or regulated tenancy. You will then have to follow different rules to evict them and they will have increased protection from eviction.

 

Your tenant owes rent and gets housing benefits.

 

If your tenant owes you rent and claims Universal Credit or Housing Benefit you may be able to get the rent paid straight to you instead of evicting them.

 

This is known as ‘managed payments’.

 

Requested managed payments if your tenant is claiming either:

 

• Universal Credit – apply to the Department for Work and pensions.

• Housing Benefit – contact local council that pays your tenants’ benefits.

 

We have extensive experience in handling Landlord and Tenant dispute matters. To discuss about your Landlord and Tenant dispute with one of our Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.