Resolving Residential Tenancy Disputes

Tackling disputes before they escalate

Most tenancy disputes start small: a disagreement about access, a query over who is responsible for a repair, a complaint about noise, or a clause in the agreement that each party reads differently. Left unaddressed, they can harden into entrenched conflict and end up in court. We help landlords and tenants in England and Wales understand their position under the tenancy agreement and the relevant housing law, and resolve matters proportionately.

Breach of tenancy terms

A tenancy agreement creates binding obligations on both sides. Common tenant breaches include unauthorised subletting or assignment, keeping pets or running a business contrary to the terms, causing a nuisance to neighbours, or damaging the property. Common landlord breaches include failing to repair or interfering with the tenant’s occupation. Where a tenant is in breach, a landlord may be able to serve a Section 8 notice relying on the appropriate grounds, but the seriousness of the breach and the court’s discretion are key. We advise on the strongest and most proportionate response.

Access and quiet enjoyment

Every tenant has the right to quiet enjoyment of their home, meaning they can occupy it without unlawful interference. A landlord retains a right of access to inspect and to carry out repairs, but generally must give reasonable notice, usually at least 24 hours, and attend at a reasonable hour, save in a genuine emergency such as a flood or gas leak. Repeatedly entering without consent, or refusing reasonable access for repairs, are frequent flashpoints, and we advise both landlords and tenants on getting the balance right.

Harassment

Harassment is a serious matter. It includes conduct likely to interfere with the peace or comfort of an occupier, or the persistent withholding of services, carried out to make them give up the property. Cutting off gas, water or electricity, removing belongings, changing locks or making threats can all amount to harassment, which is unlawful under the Protection from Eviction Act 1977 and may give rise to both criminal liability and a civil claim for an injunction and damages. Where a tenant is being harassed, urgent court remedies may be needed, and we can act quickly.

Disputes over terms

Sometimes the dispute is simply about what the agreement means: responsibility for a garden, liability for a particular repair, the operation of a break clause, or the level of a permitted charge under the Tenant Fees Act 2019. We interpret the agreement against the statutory framework and advise on the realistic outcome.

Negotiation first, litigation last

We favour resolution by negotiation wherever possible, because it is faster, cheaper and less damaging to the relationship between the parties. The courts expect this too. Where agreement genuinely cannot be reached, we advise on the merits of court action or defence and represent you robustly. Contact us to discuss your tenancy dispute.