Landlord and Tenant disputes
Davisons dedicated Litigation Team acts regularly for both Landlords and Tenants in relation to residential and commercial Tenancies.
All tenants have rights of use, enjoyment and occupation of a property in accordance with the terms of their Lease or Tenancy Agreement and pursuant to the Law. As a Landlord, it is paramount to ensure that any action taken with regard to a Lease or Tenancy, particularly in circumstances where possession of the Property is required, is in accordance with statute and the contractual terms. Any failure to do so could result in substantial sanctions and/or compensation being payable.
Pursuant to the Lease or Tenancy Agreement entered into, it is in a Tenant’s interest to know the extent of their legal rights and to protect such rights.
Commercial Leases
Most Commercial Leases are for a fixed term for a number of years with rent payable on a quarterly basis. The main terms of the Lease would usually include:
- A repairing obligation upon the Tenant;
- Payment of rent in advance;
- Rent review dates;
- A right for the Landlord to take forfeiture action;
- A right to require the Property to be returned in a similar condition as when the Lease commenced.
Our specialist Team would be able to advise, assist and provide representation to both Landlords and Tenants in relation to any issues arising from the terms of the Lease. In addition, representation can be provided at the end of a Tenancy in circumstances where a dilapidations claim is pursued in relation to repairs required upon the property.
In circumstances where the end of the Lease term is close approaching, steps would need to be taken to apply for a new Lease if required. This would involve the service of Notices and negotiating terms of the new Lease. Our specialist Team is able to assist in relation to all such matters.
Residential tenancies
Nearly all new and recently created Residential Tenancies are assured Shorthold Tenancies for a short fixed term of at least 6 months. At the conclusion of the fixed term, the Tenancy would continue under similar terms as specified within the Tenancy Agreement under what is known as a periodic tenancy.
In circumstances where a deposit is paid by a Tenant, there is a legal obligation upon the Landlord to place this within an approved Tenancy Deposit Scheme within 14 days of receipt of the Deposit monies, with notification provided to the Tenant of the details of the Scheme in writing within the same period. A failure to undertake these steps could result in compensation being payable to the Tenant and the possibility of pursuing possession of the property in accordance with Section 21 of the Housing Act 1988 would not be available to the Landlord.
It is often the case that a Landlord would wish to terminate a Tenancy Agreement on the basis of non-payment of rent or breach of other terms of the Tenancy Agreement. Steps can be taken by a landlord immediately upon there being any rent arrears or other breach of the tenancy terms. In the case of rent arrears it is usually recommended that legal action is taken immediately after 2 months rent arrears have accrued for legal reasons to enable greater certainty of obtaining possession. If a Tenant refuses to vacate the Property, a Landlord cannot evict the Tenant without obtaining a Possession Order from the Courts and in some cases then obtaining a Warrant of Possession.
There are primarily 2 ways in which possession of a property can be sought, which are in accordance with either Section 21 or Section 8 of the Housing Act 1988 (as amended). Our specialist Team provides an initial assessment of the case and will provide guidance and advice as to the options available to a Landlord in pursuing possession. The service provided by us ranges from a review of the papers and initial assessment to serving of Notices seeking possession, commencement of Court proceedings to representation and obtaining of a Possession Order and Warrant of Possession for enforcement.
In seeking to deliver a high standard of service, the work undertaken by us in such cases is usually on fixed fee rates, full details of which are provided at the outset.
Whatever the issue or dispute in respect of a Tenancy, our specialist Team can assist.