How to Resolve Landlord and Tenant Disputes in Central London

Landlord and tenant disputes come in all shapes and sizes, from minor maintenance issues to major damage to the property or non-payment of rent. You may need to take formal action – or perhaps things can be remedied informally.

The issue of landlord and tenant dispute resolution is a universal one. However, if you rent out a St John’s Wood, Notting Hill, Fitzrovia or Edgware Road property, things can be particularly fraught.

As ONS figures highlight, the average monthly rent in Kensington and Chelsea is now £3,639, so the stakes are high in rent or deposit disputes. Similarly, with apartments in St John’s Wood priced at over £1 million according to Rightmove, you may not feel generous if tenants don’t treat your rental property with respect.

To help with resolving disputes between landlords and tenants, we discuss common problems and potential approaches which stop you having to take drastic actions – such as selling your property or evicting tenants.

How to resolve landlord & tenant disputes

The simplest and cheapest option is informal dispute resolution. Approach the tenant calmly, be willing to compromise, and hopefully reach an agreement. If you can’t resolve the dispute, consider a third-party mediator. Your tenancy deposit protection scheme’s dispute resolution service can help with disputes over deposit returns or deductions.

On occasion, you may have to resort to formal dispute resolution. A good dispute resolution solicitor can offer advice on how to proceed, assist with formal notices, or help you to pursue court proceedings if you have no choice but to evict the tenant.

Common landlord & tenant disputes

1. Rental arrears

If your tenant fails to pay rent, remind them promptly but professionally – there may be an innocent explanation. If rent arrears aren’t paid, send a letter stating that you may have to resort to legal action. You can go to court to seek repossession once 2 months’ rent payments are outstanding, but you must follow the procedure closely.

2. Maintenance issues

Repairs and maintenance can be a magnet for disputes, especially if you let a fully furnished property. Landlords have a duty to address repairs promptly, particularly hazards such as faulty electrics or black mould. Yet tenants also have a responsibility to inform you so that issues don’t escalate. To avoid disputes, deal with repairs quickly and keep a written record that you can produce if needed.

3. Damage to property

The line between wear and tear and damage is a common source of landlord and tenant disputes. If the tenant has left the water running and flooded the downstairs flat, they are liable for the costs.

However, not every situation is clearcut. Take photos during check-in, inspections and check-out to minimise disagreements, and prepare to claim on insurance or make a deposit deduction if necessary.

4. Claiming back the deposit

Landlords can’t withhold all or part of a tenant’s deposit without justification, but determining what’s reasonable can cause landlord and tenant disputes. The government-approved tenancy deposit scheme that protects your tenant’s deposit will offer dispute resolution if you can’t come to an agreement.

5. Ending the tenancy early

You must meet certain criteria to end an assured shorthold tenancy early, and the method will depend on your circumstances. Stick closely to the guidance on notice periods and wording to avoid disputes with tenants.

6. Breaches of tenancy agreement

Review the tenancy agreement’s terms carefully to clarify if and how it was breached – and consider the bigger picture. If an otherwise reliable tenant is keeping a pet without asking, you may consider compromising. Faced with tenants repeatedly carrying out antisocial behaviour, legal action or eviction may be required.

Tips to resolve disputes with tenants effectively

Every situation is different, but these tips could help you to resolve landlord and tenant disputes, or prevent them.

• Keep communications open, calm, professional and as prompt as possible.
• Take photos of the property’s condition when the tenancy begins and ends.
• Maintain good written records from the outset.
• Consider landlord insurance policies covering damage and unpaid rent.
• If a dispute arises, check carefully to establish if/how the issue breaches the tenancy agreement.
• Seek expert legal advice before taking eviction action, or other forms of litigation.
• Meet landlord requirements such as protecting the deposit and completing safety checks, to avoid legal trouble yourself if you go to court.

When should I choose to evict a tenant or take legal action?

You may need to take legal action if all other routes fail. To end an assured shorthold tenancy early, you can issue a Section 8 or Section 21 notice to start the eviction process. If the tenants have breached the tenancy agreement including non-payment of rent, you can serve a Section 8 notice to start eviction proceedings. That said, you need to be aware of the Renters Rights Bill which is due to introduce new guidelines about how and when to evict tenants under revised Section 8 grounds.

Feel more confident about landlord and tenant disputes?

If you are a landlord in Edgware Road, Fitzrovia, St John’s Wood or Notting Hill, Intra-Capital Estates can offer guidance. Contact us today to find out what we can do for your Central London property.