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Your Landlord and Tenant Dispute Solicitors
At Signature Law, we understand that the legal landscape concerning landlord and tenant relationships is in a state of continuous evolution.
Whether you are a landlord facing challenges with non-payment of rent or a tenant experiencing difficulties with lease renewals, our team of dedicated solicitors remains at the forefront of legal developments to provide you with clear, plain English advice and practical, bespoke solutions.
All Housing & Conveyancing Services
Landlord And Tenant Disputes at Signature Law
Sital Somayia
Your landlord and tenant law expert
Our legal experts specialise in both contentious and non-contentious matters, ensuring that we can handle disputes through negotiation and litigation alike, whilst also advising on preventative measures that can avert future conflicts.
We take pride in delivering services that not only address your immediate legal needs but also empower you with a comprehensive understanding of your rights and obligations.
If you need help with any property related matter, call us on 01708 398851 to speak to one of our team.
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Start your enquiry today.
Give us a call or fill out the contact form and a member of our team will get in touch to discuss how we can help.
We’re available Monday to Friday, 9:30am to 5:30pm (excluding bank holidays).
Our Areas of Expertise
Assignments and Sub-letting
We provide guidance on the legalities involved when transferring a lease or permitting a tenant to sub-let part or all of the property. Our advice helps ensure that all transfers comply with current laws and the original lease terms.
Assured Shorthold Tenancies and Tenancies
Whether you are entering into a new tenancy agreement or managing an existing one, our solicitors offer detailed advice on drafting agreements, renewals, and terminations in line with statutory requirements.
Enforcement of Covenants
Covenants form a fundamental part of any lease agreement. We assist in enforcing these provisions, ensuring that all parties adhere to agreed responsibilities and obligations.
Forfeiture
In cases where tenants breach lease terms, we advise landlords on the appropriate legal steps for forfeiture, ensuring that all actions comply with current legislation and minimise potential disputes.
Section 21 and Section 8 Proceedings
Under the Housing Act 1988, two primary methods exist for regaining possession of a property:
- Section 21: Often referred to as a ‘no-fault eviction’, this process allows landlords to regain possession of their property at the end of an Assured Shorthold Tenancy without needing to provide a specific reason. We advise on the correct procedure for issuing a Section 21 notice, ensuring compliance with all relevant regulations and avoiding any potential pitfalls that could delay the process.
- Section 8: This process is used when a tenant has breached the terms of their tenancy, such as non-payment of rent or causing damage to the property. We provide guidance on the evidence required and represent you in court to secure an order for possession, making sure your rights as a landlord are upheld.
Issuing Proceedings for the Possession of Premises
When negotiations break down, our team can represent you in court to regain possession of your property. We manage the entire process—from initial proceedings to final enforcement—keeping you informed every step of the way.
Issues Arising from the Landlord & Tenant Act 1954
This Act provides important protections and obligations for both landlords and tenants, particularly in relation to lease renewals and termination notices. Our solicitors are well-versed in its nuances, advising on all related matters.
Landlords’ Consents
Many lease agreements require landlords’ consent for various tenant actions. We assist in drafting, negotiating, and enforcing such consents to ensure clarity and legal compliance.
Lease Negotiation and Renewal
Whether you are negotiating a new lease or renewing an existing one, our team offers expert advice to secure favourable terms and avoid potential pitfalls.
Leasehold Enfranchisements
For leaseholders looking to extend their lease or collectively purchase the freehold, our solicitors provide expert advice on the intricacies of leasehold enfranchisement processes.
Leasehold Enfranchisement serviceRecovery of Service Charges
Service charge disputes can be particularly complex. We assist landlords in recovering unpaid service charges while ensuring that all charges remain fair, transparent, and in accordance with contractual agreements.
Recovery of Possession
Beyond Section 21 and Section 8 procedures, we offer practical advice and representation to recover possession of your property in various circumstances, minimising disruption to your affairs.
Removal of Unauthorised Occupants
Unauthorised occupants can cause significant issues. Our legal team provides clear guidance and representation to resolve such matters swiftly and lawfully.
Rent Reviews/Rent Arrears
We advise both landlords and tenants on the appropriate procedures for conducting rent reviews and addressing issues related to rent arrears, ensuring efficient resolution of any disputes.
Schedules of Dilapidations
When assessing property condition at the end of a lease, our solicitors provide detailed assistance in preparing and negotiating schedules of dilapidations to accurately reflect any necessary repairs or refurbishments.
If you require assistance with any property-related matter, do not hesitate to call us on 01708 398851 to speak with one of our experienced team members.
FAQs
What constitutes an Assured Shorthold Tenancy?
An Assured Shorthold Tenancy (AST) is the most common form of tenancy agreement in England. It provides both landlords and tenants with clear rights and responsibilities under the law, typically for a fixed term, after which the tenancy may continue on a periodic basis if not renewed.
How do I go about assigning or sub-letting my property legally?
Assignments and sub-lettings involve transferring your lease or allowing another party to occupy your property under the existing lease. It is essential to review your lease terms and secure any necessary consents. Our solicitors can guide you through the process, ensuring that all legal requirements are met.
What is the difference between Section 21 and Section 8 proceedings?
- Section 21: This is a no-fault eviction process that allows landlords to regain possession of their property at the end of an AST without having to prove any fault on the part of the tenant. Compliance with the prescribed notice periods and other statutory requirements is essential.
- Section 8: This process is used when a tenant has breached their tenancy obligations, such as failing to pay rent or causing property damage. It requires the landlord to provide evidence of the breach, and the court may grant a possession order if the evidence is sufficient.
What steps should a landlord take if a tenant breaches their lease?
If a tenant breaches the terms of their lease, a landlord should first review the lease agreement and any applicable covenants. Our team can advise on whether to seek rectification of the breach, initiate forfeiture proceedings, or use Section 8 proceedings if the breach is significant. If legal action is required, we can represent you throughout the process.
What is the Landlord & Tenant Act 1954 and why is it important?
The Landlord & Tenant Act 1954 provides key protections for tenants of business premises, particularly regarding lease renewals and termination notices. It ensures that both parties have clear guidelines and protections in their leasing arrangements. Our solicitors have extensive experience interpreting and applying the Act in various scenarios.
How can Signature Law help with leasehold enfranchisement?
Leasehold enfranchisement enables leaseholders to extend their lease or collectively purchase the freehold. Our solicitors are well-versed in the statutory frameworks and can offer strategic advice and representation to ensure that the process is handled efficiently and in your best interests.
Leasehold Enfranchisement ServiceWhat should I do if I need to recover possession of my property?
If you are a landlord facing difficulties with non-compliant tenants, it is essential to seek legal advice promptly. We can review your situation, advise on the appropriate legal steps—be it through Section 21 or Section 8 proceedings—and represent you in court to recover possession of your property efficiently and lawfully.
Can you help with disputes regarding service charges?
Yes, our team is experienced in handling disputes related to service charges. We can review your service charge statements, advise on any discrepancies, and assist in recovering any unpaid amounts, ensuring that charges remain transparent and in accordance with your lease agreement.
Why instruct our landlord and tenant expert?
At Signature Law, we are dedicated to providing thorough, expert legal support in every aspect of landlord and tenant disputes. Our commitment is to deliver clear, practical advice that helps you navigate the complexities of property law with confidence. For further assistance or to discuss your particular circumstances, please call us on 01708 398851.