Landlord and Tenant Disputes

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Protecting your most important asset requires expert help, whether it’s your home or your investment portfolio. When a dispute arises between landlord and tenant over ownership or possession, rights of way, access, or even the wording on key documents, it’s important that you have a team with specialist help on hand to help you navigate your way through such a situation.

Costly court proceedings in landlord and tenant disputes are not inevitable. Being advised of your rights, obligations and liabilities at the outset as a landlord or a tenant, is crucial to avoid the dispute escalating and to maintain a good relationship. If you do end up in a dispute, you will need swift and accurate advice from an expert who can manage communications, keep costs down and make sure any disputes come to rapid conclusion.

How we can help with landlord and tenant disputes

  • Understanding your obligations and liabilities as a landlord or tenant
  • Tenancy agreements and proactive advice on the implications of changing housing law
  • Possession claims
  • Service charge disputes
  • Breach of tenancy terms
  • Advice on restrictions in leases such as not being able to sublet a property for holiday lets
  • Issues with cleaning, damage, maintenance and other common reasons for disputes
  • Rent arrears
  • Termination of a tenancy
  • Property management issues 
  • Issues with disrepair or unsociable behaviour
  • Reporting and evidence gathering

Examples of clients we have helped

  • Recovering possession from a tenant who was claiming he was withholding rent because repair work needed doing to the property for damage he had caused himself. Obtained order for possession, arrears and costs. Further obtained full recovery of sums owed to landlord after tenant made various attempts to avoid service of the bankruptcy proceedings.
  • Obtained possession of a residential property for a charity in Hampshire whose tenant claimed to have the benefit of an agricultural tenancy.
  • Obtained possession for a landlord of a multi-use property consisting of a restaurant and two flats above.
  • Obtained possession from a tenant who had in the previous year made substantial adjustments to the property without the landlord’s consent, including installing a pond and removing internal walls.
  • Represented a tenant where the landlord had commenced possession proceedings without having protected the deposit.
  • Undertaken various residential possession proceedings relying upon both s.8 and s.21 notices, some of which have been defended by tenants claiming deposit regulations not complied with or reasons behind why rent had not been paid. We have a very high success rate in recovering possession as a result of the various checks we do before proceedings are issued.
  • Advised a management company of a large residential block of flats that tenants were not permitted under their long leases to rent the properties out as holiday lets on Airbnb as this would breach the covenant to only use the property for residential purposes.

How we’ve helped our clients

“Circumstances led us to a legal dispute, which for us, was unfamiliar and frightening. From the start Rachel was a tonic. She avidly listened, scrutinised our position and then gave us options for our best route forward. She always met us where we were, which felt important. We felt confident in her commitment throughout working with her. In a few words Rachel is professional, diligent and friendly. We felt lucky to have worked with Rachel. ”

Name withheld

“Nicola helped to lay out the appropriate steps we needed to take and guided us through these. She provided us with a detailed background of the case law surrounding our situation which helped us understand our position. This clarity helped give us the confidence to make the right decisions.”

1520 Management Company Ltd

“I worked with Lucy on a difficult dispute with a neighbour. She was consistently helpful, quick to respond, and clear with her detailed advice both when it was good news and bad. She was also constructively pragmatic, and pleasant at all times. Ultimately the matter was resolved satisfactorily without the expense of a court hearing. Overall, it was a very professional and highly satisfactory experience.”

Name withheld

“Nicola Davies is personable with a sympathetic manner. She has good communication skills. She can identify the essential elements of a case and present them appropriately to other parties and, if necessary, to the court. Nicola is level-headed and persistent. With wide experience of legal proceedings, she knows how to adapt to changing circumstances. Altogether, she conveys confidence and competence.”

Private Client

Legal 500 Directory 2021

Paris Smith has developed a reputation in commercial and residential conveyancing, acting for clients across multiple sectors including investors, developers, business tenants and residential landlords. The team also has significant experience in representing developer clients in property contract disputes. David Eminton leads the practice and has increasingly been involved in high-value dilapidation claims, while Cliff Morris has particular expertise in boundary and right of way disputes and housing repossession claims. Clients say the team are “quick to respond, professional, have a good depth of knowledge“. Another states “the firms level of expertise is unique compared to other law firms, as there is always someone who can assist with any legal issue. Staff are also aware of their colleagues level of expertise and are able to refer matters to the correct person if they do not have a particular type of legal knowledge“, and another say they are a “high-quality technical disputes team, but local to its area. Mixes solidity of legal practitioners, good atmosphere, fine juniors and trainees and excellent contacts in the industry. The backroom is very good. Effective admin. Everything you need without going to London”

Introducing your key contacts

David Eminton
Partner – Head of Dispute Resolution

Contact

Nicola Davies
Associate – Property Litigation

Contact

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