Landlord and tenant disputes often present complex legal challenges for both property owners and tenants. At JMP Solicitors, the firm recognizes the stress and uncertainty such disputes can cause for both property owners and tenants. Their experienced team of solicitors is here to help you navigate the complexities of the law and find a solution that works for you. Whether you’re a residential landlord dealing with unpaid rent or a tenant facing illegal eviction, they’ll be there to guide you through the process and help you achieve a positive outcome. Their services go hand-in-hand with their other property and business law offerings.
Understanding Landlord and Tenant Disputes
These kinds of disputes often centre around issues such as rent arrears, breaches of the tenancy agreement, anti-social behaviour, property damage, and disagreements about service charges. Think:
- A tenant forgets to pay rent on time and the landlord needs to take action to get their money back, and maybe even get the property back.
- A landlord might find themselves dealing with damaged property, or a tenant refusing to stick to the terms of an assured shorthold tenancy.
- Sometimes disputes arise in lease agreements when service charges are disputed, or one party says the other has misused the property or sub-let without permission.
Getting to the root of these disputes early on is crucial to avoid them turning into costly and time-consuming battles.
Why the Tenancy Agreement is Crucial
The tenancy agreement (for example, an assured shorthold tenancy) lays down what the landlord and tenant can and can’t do. If either party fails to meet the terms of the agreement, the other one can take legal action, seeking a resolution or gaining possession of the property. At JMP Solicitors we think it’s essential to get a rock-solid agreement in place and make sure both sides know their responsibilities from day one.
When a tenant fails to keep to the terms of the tenancy—whether that’s missing rent, damaging the property, acting anti-socially or sub-letting without permission—the landlord may need to take action. Conversely, tenants have legal rights too: if a landlord doesn’t meet their repair obligations or tries to charge them an unfair service charge, the tenant may seek our help. It’s vital to be aware of your rights and responsibilities under the housing act and the relevant laws.
Possession Proceedings, Court Action, and Formal Procedures
When dispute resolution doesn’t work, landlords can take possession proceedings in the county court. In most cases, though, it’s worth trying to resolve disputes through negotiation or alternative dispute resolution before going down this route. However, where necessary, the court can grant a possession order. To avoid any claims of illegal eviction by unlawful means, the person taking court action needs to follow the correct legal procedures.
If a tenant refuses to budge after a court order, a county court bailiff may have to be called in. To avoid unlawful eviction, landlords need to make sure they’ve taken proper legal advice and followed the right court procedure, trying to evict someone yourself carries the risk of committing an unlawful eviction.
Preventing and Resolving Disputes through Alternative Dispute Resolution
The best way to handle these disputes is usually early intervention. Many common disputes—missed rent, service charge disputes, damaged property, or sub-letting without permission—can be resolved through talks or alternative dispute resolution (ADR) instead of a full court trial. At JMP, they advocate a down-to-earth, cost-effective approach: the firm advises on how to prevent disputes in the first place (through proper maintenance, clear tenancy agreements and up-to-date records) and then, if necessary, they help clients handle disputes cost-effectively.
When both parties go to mediation for ADR, it’s much more likely that things will get sorted out amicably, and the time and costs of a full court trial can often be avoided. Where necessary, though, their disputes team is on call to act swiftly and advise on the best way forward, whether that’s issuing proceedings in the small claims court, county court, or representing you at a full court hearing.
Help with Landlord and Tenant Disputes from JMP Solicitors
JMP Solicitors’ teams offer expert legal support to both landlords and tenants when it comes to all forms of landlord and tenant disputes, including:
- Helping draft and review tenancy agreements or lease agreements, including assured shorthold tenancies
- Getting rent arrears back and advising on issuing proceedings to recover rent arrears
- Handling landlord disputes including service charge disputes, sub-letting without permission, and property damage
- Advising on possession proceedings and representing clients in court proceedings
- Defending tenants when a landlord tries to seek possession or has failed in its obligations
- Advising on the correct procedures for eviction, re-taking possession, and avoiding eviction by unlawful means
- Offering cost-effective dispute resolution strategies, using ADR where possible, and making sure your rights are protected. Their approach is tailored and pragmatic. They’ll work with you to figure out where you stand legally and then help you pick the best way to sort things out, whether that’s hammering out a deal, bringing in a mediator or just going through the court.
Why Choose JMP Solicitors?
Based in Grantham, Lincolnshire, they’ve got a great location for serving clients right across England and Wales. They offer a full range of services, from first-instance advice to complex litigation. With expert solicitors on hand you’ll get top notch advice that’s also tailored. They are recognised for providing practical, adaptable solutions and for being the kind of trusted partner you want on your side, whether you’re a landlord, a tenant or running a business.
Final Thoughts
Landlord and tenant disputes affect many residential properties. Issues can range from unpaid rent to service charge disputes, to unlawful sub-letting, property damage and even eviction. It’s important to know your legal rights, act fast and seek legal advice. At JMP Solicitors they are here to help, if you’re a landlord trying to sort out some arrears or a tenant facing the possibility of being evicted, they can offer the expert guidance you need to get a positive outcome at a price you can afford. They aim to help you resolve matters efficiently, with professionalism, and with a result that’s good for you.
For further information or to contact their team of disputes solicitors, please reach out to JMP Solicitors today to discuss your case and receive tailored expert legal advice.