Residential Property Dispute Solicitors
Understanding Residential Tenancy and Rental Property Disputes
What is a Rental Property Dispute
A rental property dispute generally arises where a tenant fails to pay rent to their landlord or breaches another term of their tenancy agreement which causes the landlord to seek possession of their property back from the tenant.
Common Types of Residential Tenancies
The most common type of residential tenancy is an Assured Shorthold Tenancy (AST). Most private tenants will have an Assured Shorthold Tenancy. It is a criminal offence to seek to evict the occupiers from a dwelling other than by obtaining an order of the court. It is also an offence to harass occupiers of a dwelling with a view to coercing them to leave. The other types of Tenancy which exist are:
- Rent Act regulated Tenancies
- Assured Tenancies
- Public sector Tenancies
- Common law Tenancies
Common Residential Property Disputes
Rent Arrears
The most common cause of a dispute between a landlord and tenant is that of non-payment of rent. Where a tenant fails to pay their rent on time and in full, the landlord may be entitled to seek possession of the property from the tenant or seek a money judgment for the sums owed. In most cases a tenant is not entitled to withhold the payment for rent.
Deposit Disputes
The law requires that all landlord who accept a deposit from a tenant, must pay the deposit into a proper scheme within a set period of time of receipt and served upon the tenant the prescribed information. If they fail to treat the deposit appropriately, a tenant may be able to bring a claim against the landlord for failing to secure the deposit.
Repairs and Maintenance Issues
The repair and maintenance obligation in respect to a residential tenancy are set out within the tenancy agreement. Generally, it is for the landlord to maintain the property and keep it in a state of repair. The tenant usually has to keep the property clean and tidy and not cause damage to it. If a defect arises it will generally be for the landlord to remedy the defect in a reasonable period of time. Where a landlord fails to remedy defects, a tenant may be able to bring a claim against the landlord for this disrepair.
Eviction Conflicts
Regardless of the procedure used, if the tenants do not move out of the property by the date ordered by the court, it will be necessary to instruct either the County Court Bailiffs or High Court Enforcement Officers to take possession.
If the tenants are looking to be re-housed by the local council, it is likely the council will not rehouse them until they receive notice that the bailiffs have been instructed to take possession.
The Role of Landlord & Tenant Disputes Lawyers
How Mullis & Peake Can Assist in Resolving Property Conflicts
Our team of legal advisors have experience of dealing with a multitude of landlord and tenant disputes. We act for landlord in seeking possession of their properties under both section 8 and 21. We also act for the landlord in defending claims for disrepair and claims for rent repayment order and deposit claims.
Learn more about our landlord eviction services, tenancy agreement review services, and deposit dispute resolution services to ensure your rights are protected. Contact us for tailored legal advice.
Legal Disputes Enquiry
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Legal Framework Governing Residential Tenancies in the UK
Overview of Relevant Rental Legislation
Residential tenancies are governed by several pieces of Legislation, it usually depends on when the tenancy was granted. The most common residential tenancies are Assured Shorthold Tenancy, which is governed by the Housing Act 1988.
Rights and Responsibilities of Landlords and Tenants
The obligations of landlords are extensive, they are defined by the tenancy agreement that is in place between the landlord and tenant and by several different pieces of legislation.
The Legislation covers areas such as:
- Gas Safety
- Electrical Safety
- EPC’s
- Smoke Alarms/Carbon Monoxide
- Fitness for Habitation
- Rent Increases
- Rights to Rent
- Deposit Schemes
The rights of the tenant are again set out within the tenancy agreement and the legislation.
Renters' Rights Bill 2025
Further legislation is to come into force in 2025 which will change the landscape of residential tenancies once again. The Renters' Rights Bill is anticipated to receive Royal Assent after Easter 2025, with its provisions expected to come into effect between July and October 2025.
This legislation aims to overhaul the tenancy system, providing greater rights and protections to renters, including the abolition of Section 21 'no-fault' evictions and the introduction of periodic tenancies.
Landlord Options for Tenant Eviction
Landlords can seek possession through two key legal routes: Section 21 (no-fault eviction) and Section 8 (breach-based eviction).
Section 21 Accelerated Procedure
If the fixed term of the tenancy has expired or there is an operable break clause, you may give the tenants two months’ notice under section 21 of the Housing Act 1988 that you require possession of the property. If the tenants do not vacate before the notice expires, we can apply to court for an order for possession.
If the tenants do not dispute the claim, the Court will make an order which requires them to give possession. The tenants may apply to suspend possession by up to six weeks, if they can show that they will suffer exceptional hardship.
Section 8 Procedure
If the fixed term of the tenancy has not come to an end, or the matter is otherwise not suitable for the accelerated procedure, you can obtain possession under section 8 of the Housing Act 1988. The basis for possession will depend on the facts of each case but can include rent arrears or other breaches of the tenancy.
A notice must be served, the period for which will depend on the grounds on which possession is sought. The procedure will involve a court hearing. Read more on Landlord’s Guide to Dealing with Commercial Tenants.
Definition and Importance of ADR in Tenancy Matters
ADR (Alternative Dispute Resolution) methods—negotiation, mediation, and arbitration—offer ways to settle disputes without court action. However, for possession claims, negotiation is the only viable option, as a court order is always required if tenants refuse to vacate. Mediation and arbitration can still be useful in cases such as:
- Deposit disputes: Avoids litigation over withheld deposits.
- Rent arrears repayment plans: Helps landlords recover unpaid rent through structured settlements.
- Disrepair claims: Prevents escalation by reaching agreements on repairs and compensation
Preparing for a Legal Dispute
Documentation Needed for Legal Proceedings
In order to seek possession of a Property under section 21 we will need the following documents.
- All tenancy agreements
- The EPC
- All gas safe certificate issued and confirmation on how they were served on the tenant
- Copies of any notices served
- Deposit certificate
- A copy of the how to rent guide and confirmation on how this was served
- A copy of the property licence if relevant
For rent arrears recovery, landlords need a record of all rent payments, including amounts and dates. If eviction is based on other grounds, supporting evidence, such as expert reports, is required.
Importance of Record-Keeping
A Section 21 possession claim requires precise records of when and how key documents were served. Landlords must sign a statement of truth confirming accuracy. Failure to maintain records can make it impossible to proceed under Section 21.
Frequently Asked Questions
If you're in dispute with your landlord and you do not wish to go to court or tribunal, there is always an alternative in negotiations. This is often the first port of call between parties in any dispute and can often be the simplest and most straightforward way of dealing with the dispute. However, it will require both parties' co-operation.
You can claim rent arrears from your tenant. You can't do this under the section 21 accelerator procedure, but you can do this under section 8. We need to determine the level of the rent arrears and then we can advise you how to take it forward from there.
If your paperwork isn't in order, you can still bring a claim against your tenant and attempt to evict them. You're unable to use the section 21 accelerated procedure, but we still potentially can bring a claim against your tenant under section 8.
An AST is an Assured Shorthold Tenancy. This is the general form of tenancy that most residential tenants will have. If you do not have a written tenancy with your landlord then an AST will be implied by the law.
As a landlord, your rights are quite restricted by the law. A particular point that you need to look out for are unlawful evictions, and also charging your tenant unlawful fees. The best way to go about it is to seek advice from a solicitor or a reputable letting agent at the outset, so you know what your rights are.
Our regulators require us to provide pricing information on our website for some of the areas of work that we undertake, we therefore set out pricing for these areas, as well as those areas of work that we undertake on a fixed fee basis here. For a quotation on fees on the other areas of work we cover, you will need to contact the teams directly to discuss your circumstances.
This will depend on the facts of each case and whether the landlord is aware of the nuisance that their tenant is causing and what steps they have taken to rectify the nuisance.
The new laws are extensive and will potentially come into force next spring; at the moment the full legislation has not been finalised. The new law provides extensive new rights to tenants and place greater obligations on landlords.
Rental increases should be in line with market rent, if the rent is increase by more than market rent you risk the tenant making an application to the tribunal for determination of the rent and it being reduced.
Landlord should rectify issues within a reasonable period of time, what is reasonable will depend on the defect in question.
A protected tenant is a tenant on an old form of tenancy which gives greater protection than an AST.
Mullis & Peake have a specialist team in legal disputes ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our experts contact you at a time that suits.
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Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is a consultant and specialises in contested Wills and personal injury.
