Tenant Solicitors in Southampton

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Property Dispute Solicitors for Tenants

Landlord and tenant disputes can occur for various reasons. Getting legal advice and knowing your rights will help prevent disputes from escalating and avoid legal action.

We represent both landlords and tenants, and routinely deal with cases where clients are:

  • facing eviction;
  • under possession proceedings;
  • experiencing homelessness;
  • in disrepair and;
  • dealing with anti-social behaviour

Common causes of tenant disputes

Some disputes occur when tenants fail to pay rent or break their tenancy agreement. On the other hand, it could be that the property requires repairs or has suffered considerable damage. Surprisingly, 70% of renters experience health and safety issues according to Citizens Advice. These are the types of issues that occur when landlords and tenants clash.

Tenants have had more powers since 20 March 2019, when the Homes (Fitness for Human Habitation) Act came into effect. As a result of this, renters can take legal action against landlords providing inadequate accommodation.

Damages to Property

Wear and tear can happen, and for this, tenants are not legally liable to pay charges. However, tenants are obliged to stick to their tenancy agreement on matters of keeping pets and smoking in the property, etc. Should reasonable damages occur, landlords have the right to deduct certain amounts from the tenant’s deposit, or even request payment for repairs. The amounts charged to tenants were limited when the government announced a crackdown on landlords charging excessive amounts for small damages.

Landlord’s access to a property

Access to a property can only be permitted with the tenant’s consent. It is against the law for landlords to enter a property without this.

There are reasonable causes for landlords to visit properties during the tenancy but must give at least 24 hours’ notice. These reasons may be to carry out repairs or inspect the property.

Landlords must not:

  • harass their tenants
  • enter the property without tenant permission
  • use abusive or threatening behaviour
  • undertake unnecessary repairs with the intent of irritating the tenant
  • physically evict their tenants

Evicting tenants

Landlords have a legal obligation to follow the correct process when it comes to evicting tenants. First of all, landlords must give notice of eviction in line with the tenancy agreement. Additionally, the landlord needs sufficient evidence that the tenancy agreement has been breached.

Reasons landlords can evict a tenant:

  • rent arrears
  • tenants being involved with criminal or anti-social behaviour
  • damaging the property
  • breaching terms of the tenancy agreement

FAQ’s

I have been issued a Section 8 notice, what do I do?

If you have been accused of breaking the terms of your tenancy agreement and believe that you have done nothing wrong, get in touch with our property litigation solicitors to start your case. It’s difficult to advise on any situation without the details.

Where the landlord cannot provide evidence that you have broken the terms of the tenancy agreement, the Section 8 notice will be void should you defend yourself.

My landlord is breaking the terms of the tenancy, what shall I do?

Our property litigation solicitors can write to your landlord on your behalf, where we will aim to resolve the situation before taking legal action. Should the landlord persist in any unreasonable behaviour or continue to fail in making repairs as obligated in the tenancy agreement, we can pursue legal action.

How am I going to pay for this?

IMPORTANT – We have temporarily paused offering legal aid for housing matters due to staffing. We apologise for any inconvenience but recommend checking our competitive fixed fee property litigation prices here.

We charge competitive fixed fees to our clients and offer legal aid where available. You will only be allowed legal aid if your finances meet the criteria and you are either being evicted or there is serious disrepair in the property. Find out more about how you can pay below:

Property Dispute Fees

FAQ’s

I have been issued a Section 8 notice, what do I do?

If you have been accused of breaking the terms of your tenancy agreement and believe that you have done nothing wrong, get in touch with our property litigation solicitors to start your case. It’s difficult to advise on any situation without the details.

Where the landlord cannot provide evidence that you have broken the terms of the tenancy agreement, the Section 8 notice will be void should you defend yourself.

My landlord is breaking the terms of the tenancy, what shall I do?

Our property litigation solicitors can write to your landlord on your behalf, where we will aim to resolve the situation before taking legal action. Should the landlord persist in any unreasonable behaviour or continue to fail in making repairs as obligated in the tenancy agreement, we can pursue legal action.

How am I going to pay for this?

IMPORTANT – We have temporarily paused offering legal aid for housing matters due to staffing. We apologise for any inconvenience but recommend checking our competitive fixed fee property litigation prices here.

We charge competitive fixed fees to our clients and offer legal aid where available. You will only be allowed legal aid if your finances meet the criteria and you are either being evicted or there is serious disrepair in the property. Find out more about how you can pay below:

Property Dispute Fees