Tenant-landlord conflict is common, but thankfully, most problems can be settled amicably. But occasionally you will require the counsel and assistance of a legal expert. Pearl Lemon Legal’s landlord and tenant solicitors are here to assist you in resolving conflicts as quickly and cost-effectively as we can.
Our property law experts are extremely skilled in a variety of techniques for resolving landlord and tenant conflicts, including formal mediation, roundtable conversations, and representation for court proceedings. Depending on the situation, we always try to employ the best approach for your unique case.
Our knowledgeable landlord and tenant solicitors will have a conversation with you, assess your circumstances, and then suggest the best course of action. Then, if necessary, we’ll represent you in a formal dispute resolution process.
To schedule a free initial consultation with one of our expert landlord and tenant solicitors, contact us right away.
How Pearl Lemon Legal Can Help
Our team of landlord and tenant solicitors at Pearl Lemon Legal, who are experts in this area of the law, offer our clients sage, economically advantageous, and tactically sound advice and guidance. It is crucial for us and our clients to agree on a specific strategy up front, and each case is handled according to its own particular merits and circumstances.
We can act on behalf of a landlord or tenant, and can offer our help in a wide range of common – and sometimes not so common – legal disputes.
Commercial Landlord and Tenant Issues
Dilapidation Claims
A claim for dilapidations outlines the expenditures involved in restoring a property to the state it was in at the beginning of the lease arrangement. A landlord is entitled to have the property in the condition specified by the terms of the initial lease agreement after the lease expires.
Different regions of the United Kingdom and Ireland use slightly different nomenclature, but the concepts and results are the same throughout.
The Schedule of Dilapidations, which will be created by the chartered building surveyor and details claimed violations of the covenants to repair, redecorate, and restore, is legally referred to as the “Quantified Demand.”
The document will outline possible solutions and include costs for the necessary remedial work. The exiting tenant is typically “served” with this Quantified Demand (Schedule of Dilapidations) by the landlord’s solicitor, and our landlord and tenant solicitors can help make sure the process, and resolutions, proceed as smoothly as possible.
Breach of Covenant Claims
Covenants are legally-binding commitments to do or refrain from doing something. Covenants abound in both commercial and residential leases. Covenants may also be included in the freehold property titles of both residential homes and business structures.
What happens when a covenant is broken?
If a tenant makes unauthorised changes to a business or flat, sublets a portion of it, uses it for an improper purpose, or fails to maintain it in good condition, the landlord may claim that a breach of covenant has occurred.
The tenant may be ordered by the landlord to perform the obligations he has accepted or cease engaging in conduct that is prohibited by the lease. A claim for damages can also be made. Alternately, the landlord can assert that the violation was sufficiently severe that the tenant should be removed from the lease. If the tenant denies the breach and refuses to make it right, they would be advised to seek legal counsel as soon as possible.
Our experienced landlord and tenant solicitors have successfully worked with both landlords and tenants in these situations, and in addition to excellent court representation can offer wise alternative dispute resolutions to avoid court proceedings.
Commercial Rent Arrears Recovery
A regulatory mechanism called Commercial Rent Arrears Recovery (CRAR) enables landlords of commercial properties to recoup unpaid rent by seizing and selling the tenant’s belongings. On April 6, 2014, CRAR went into effect and began to apply immediately to all future new and renewed commercial leases.
A landlord must give a 7-day notice of enforcement before using CRAR. The property may be entered (via an open or unlocked door) by Certificated Enforcement Agents to take items after this time limit has passed.
CRAR is applicable whether or not it is mentioned in the lease.
Anti-avoidance rules in existence restrict landlords from drafting contracts that alter CRAR or incorporating alternative methods of recovering unpaid rent by seizing property. However, the landlord and renter may decide to restrict how CRAR is applied.
Proper legal advice is essential for landlords considering making use of CRAR, as stepping outside the legal boundaries can lead to considerable penalties or even adverse legal consequences. Our landlord and tenant solicitors can help ensure this does not happen, or they can represent tenants facing CRAR proceedings.
Lease Renewal and/or Rent Review Disputes
Lease renewals and rent reviews are a part of the tenant and landlord relationship that can become particularly contentious. Our legal experts can act on behalf of either side to help ensure that any disputes are settled legally and as amicably as possible, often via alternative dispute resolution and other forms of mediation.
Residential Landlord and Tenant Issues
Residential Lease Breach of Covenant
A great many landlord and tenant disputes are the result of a perceived residential lease breach of covenant.
The provisions of a residential lease will frequently outline the appropriate remedies if a residential leaseholder has breached a lease covenant. Even if a remedy is not mentioned, the breach may be enough to warrant taking action like forfeiting the lease or starting injunction procedures.
It’s crucial to be aware that, in the majority of cases, the leaseholder will still be liable for adhering to the lease covenants while subletting leasehold property. As a result, the leaseholder is likely to be the target of any enforcement actions launched by a superior landlord if a sub-tenant violates a lease covenant.
The leaseholder may have good reason to refuse to pay any due service charge if the landlord violates a covenant that the leaseholder may enforce.
There may also be instances where one lessor seeks to make another lessor accountable for a lease covenant. They may not be able to do this directly under the terms of the lease, so they must ask the landlord to act on their behalf. The leaseholder will often have to consent to indemnify the landlord for any expenses paid in bringing this action.
You should always consult a lawyer with experience in property law litigation before taking any of these actions. The enforcement of leasehold covenants is fraught with legal dangers and complexity, and without professional advice, even seemingly simple matters can develop into complex legal concerns.
Residential Evictions
Serving a Section 8 Notice or a Section 21 Notice are the two primary methods to evict a tenant from your property. Serving an eviction notice doesn’t necessarily signify the renter has violated any regulations because both are utilised in various circumstances (you may, for example, need the property back to sell it, or to live in it yourself).
Typically, a section 8 notice is issued when a tenant has violated the terms of the lease (such as by being in arrears on rent) or when there are special circumstances that warrant eviction (often neglect of the property).
A no-fault eviction is referred to as a section 21 notice. It must be issued with at least two months’ notice and is only applicable to renters with Assured Shorthold Tenancies (AST). Additionally, you must have preserved the tenant’s security deposit and delivered a number of important documents, among other things.
The experienced landlord and tenant solicitors at Pearl Lemon Legal can help you determine how best to begin an eviction and then ensure that you act within the law. We can also represent leaseholders who believe they are being unfairly targeted for eviction.
Maintenance and Repairs
Whether they are set out in the lease or not, the law holds landlords responsible for a number of repair and maintenance issues, and if these responsibilities are not net then a tenant may be able to sue their landlord, not just for issues relating to this neglect but also for expenses incurred as a result of it that may not immediately seem related. Our landlord and tenant solicitors can represent either party in such cases, either in court or as a part of an alternative dispute resolution process.
At Pearl Lemon Legal, we offer expert legal assistance to both landlords and tenants, so no matter which side of the argument you’re on, our landlord and tenant solicitors can help. We also have a wealth of experience with both residential and commercial real estate and can offer guidance in either of these distinctly different areas. Contact us today to discuss how we can help you.
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