Landlord & Tenant Disputes, What They Are and How We Can Help
What is a Landlord and Tenant Dispute?
A landlord and tenant dispute is any disagreement arising from a tenancy or lease arrangement in the UK. It can involve residential or commercial property and typically relates to rights and responsibilities set out in the tenancy/lease, statutory law, and any agreed policies or house rules. Common flashpoints include rent arrears, property disrepair, deposit deductions, breach of tenancy terms, unauthorised subletting, service charge disputes, leasehold management issues, and eviction or possession proceedings.
Common Types of Landlord & Tenant Disputes (Residential)
- Rent Arrears & Payment Issues
Missed or partial payments, disputes over rent increases, or incorrect rent demands. - Deposit & Deductions
Arguments over cleaning, damage, or wear and tear; non‑compliance with deposit protection requirements (e.g., non‑registration, late prescribed information). - Repairs & Disrepair
Failure to fix hazards (damp, mould, heating, electrics), or tenants refusing access for repairs; claims for compensation and rent abatements. - Tenancy Breaches
Subletting without consent, anti-social behaviour, unauthorised pets, overcrowding, smoking, or business use in breach of residential terms. - Possession & Eviction
Notices (e.g., Section 8 for breach/rent arrears; Section 21 for no-fault in assured shorthold tenancies), court claims, bailiff appointments, defences, and unlawful eviction allegations.
Common Types of Landlord & Tenant Disputes (Commercial)
- Rent & Service Charges
Disputes over arrears, index‑linked rent reviews, service charge reasonableness, and apportionment. - Repairs, Dilapidations & Alterations
Liability for reinstatement at lease end, consent for alterations or signage, and compliance with repairing covenants. - Lease Renewals & Termination
Security of tenure, break notices, contested renewals, or opposed renewal on statutory grounds. - Use & Assignment/Subletting
Breach of user clauses, refusal of consent to assign or underlet, and alienation provisions.
How We Help — Expert Landlord & Tenant Specialists
1) Early Case Assessment & Strategy
We start by reviewing your tenancy/lease, correspondence, and evidence to give you a clear, risk‑based strategy. You’ll understand your legal position, prospects, timelines, and costs from the outset.
2) Notices, Compliance & Pre‑Action Protocols
We draft or challenge statutory notices (e.g., Section 8/21 for residential, break notices for commercial) and ensure procedural compliance to avoid fatal defects. We follow relevant pre‑action protocols and guidance to minimise costs and improve outcomes.
3) Negotiation, Mediation & Settlement
Most disputes settle before trial. We use without‑prejudice negotiations, structured mediation, and pragmatic settlement terms (payment plans, undertakings, access schedules, revised clauses) to resolve matters quickly.
4) Court & Tribunal Representation
If settlement is not possible, we represent you in County Court, High Court, First‑tier Tribunal (Property Chamber), or Upper Tribunal proceedings—seeking possession orders, injunctions, rent arrears judgments, repair orders, or service charge determinations.
5) Enforcement & Recovery
Should you obtain judgment, we advise on enforcement (writs/warrants of control, attachment of earnings, charging orders) and practical recovery steps.
Who We Act For
- Landlords: Private, portfolio, institutional, and social landlords.
- Tenants: Assured shorthold tenants, long leaseholders, and commercial occupiers.
- Managing Agents & Freeholders: Service charge and lease management disputes.
- Businesses: Retailers, offices, hospitality, and industrial occupiers for commercial lease issues.
Why Choose Us
- UK Property Law Expertise — Residential & commercial specialists with a strong track record in complex disputes.
- Clear, Commercial Approach — We balance legal rights with practical outcomes and cost control.
- Transparent Fees — Fixed‑fee stages for notices and pre‑action work; flexible funding (including no win, no fee in eligible residential disrepair/personal injury claims).
- Responsive & Proactive — Swift action on urgent matters like unlawful eviction, forfeiture risk, or hazardous disrepair.
Typical Outcomes We Achieve
- Agreed payment plans or arrears settlements avoiding court.
- Possession orders where statutory grounds are met and notices are valid.
- Deposit dispute resolutions (return, partial retention, or adjudication).
- Repair programmes and compensation for tenants where warranted.
- Service charge determinations and re‑profiling for commercial leases.
- Lease renewal terms aligned to market conditions and business needs.
FAQs (Landlord & Tenant Disputes)
Q1: How long does a possession claim take?
Timescales vary by court workload and the tenant’s response. With valid notice and paperwork, straightforward claims can complete in 8–16 weeks, but complex defences or disrepair counterclaims can extend this.
Q2: Can my landlord use a Section 21 notice?
For assured shorthold tenancies, a Section 21 notice may be used if all compliance steps (e.g., deposit protection, EPC, gas safety, “How to Rent” guide) were satisfied and any local licensing obligations met. Certain circumstances restrict or invalidate Section 21 usage.
Q3: What if repairs are not done?
Tenants can pursue disrepair remedies, including specific performance orders, rent reductions, and compensation. Landlords should arrange prompt inspections, keep records, and provide reasonable access to contractors.
Q4: Do commercial tenants have a right to renew?
Often yes if the lease is inside security of tenure; there are statutory grounds of opposition. If the lease is contracted out, there is no automatic right to renew.
Recovering Your Tenancy Deposit from Estate Agents Who Won’t Pay
Understanding the Problem
Under UK law, landlords and letting agents must protect tenancy deposits in a government-approved scheme such as TDS, MyDeposits, or Deposit Protection Service (DPS). At the end of the tenancy, the deposit should be returned promptly unless there are legitimate deductions for damage or unpaid rent.
Unfortunately, some estate agents delay or refuse to return deposits, leaving tenants frustrated and out of pocket. This is not only unfair it may be unlawful.
Your Legal Rights
- Deposit Protection: If your deposit was not protected, you may claim up to three times the deposit amount as compensation under the Housing Act 2004.
- Return of Deposit: Agents must return your deposit within 10 days of agreement on deductions.
- Dispute Resolution: Approved schemes offer free dispute resolution services, but if the agent ignores the process, legal action may be necessary.
How We Can Help
At Stanton Black, we specialise in tenant rights and deposit recovery. Our services include:
✅ Checking Compliance
We verify whether your deposit was properly protected and whether the agent complied with all legal requirements.
✅ Formal Demand Letters
We draft and send legally compliant letters before action to the estate agent, setting clear deadlines for payment.
✅ Negotiation & Mediation
We engage with the agent or landlord to resolve the matter quickly without court proceedings where possible.
✅ Court Action
If the agent refuses to pay, we can issue a claim in the County Court for:
- Return of the deposit,
- Compensation for non-compliance,
- Interest and costs.
✅ Enforcement
If judgment is obtained, we assist with enforcement such as warrants of control or charging orders to ensure you get your money back.
Why Choose Us?
- Specialist Housing Law Advisors with proven success in deposit recovery.
- Transparent Fees – Fixed-fee options for letters and claims.
- Fast Action – We act quickly to protect your rights and recover your money.
- No Win, No Fee Options – Available for eligible cases.
Get Your Deposit Back Today
Don’t let estate agents keep what’s rightfully yours. Contact Stanton Black for a free initial consultation and let us help you recover your deposit and claim any compensation you’re entitled to.