LANDLORD AND TENANT DISPUTES
Why is it important to get legal advice for a dispute involving my landlord/ tenant?
Renting a property can be advantageous to many people, whether you rent because you require temporary accommodation or perhaps because you wish to have your own home but without the burden of maintenance or a mortgage. You should be aware of your rights and obligations whether as a tenant or as a landlord. When a tenant has a problem with a property, the landlord must be ready to quickly sort out the problem and disputes can arise.
How can JWK Solicitors help me?
Disputes with Landlords
Problems with rented property (or more often problems with Landlords) can be a challenging time for all parties. You may discover that the property is not in the condition you had expected, or that your circumstances change and you can no longer afford the rent. You may even find yourself in a position whereby the Landlord is seeking possession of the property.
At JWK Solicitors, we can advise Tenants who are experiencing the following difficulties: -
- What to do if a possession notice is served upon you;
- Representation at Court for those defending possession proceedings or warrants to evict;
- Advice regarding repairs to the property and who is responsible for those repairs;
- Assistance with regard to Tenancy Deposit Schemes;
- Advice regarding service charges and management disputes if you live in a property subject to a long lease.
Landlord and Tenant is a confusing area of law and there is a myriad of legislation with which to comply. We would advise that you do the following: -
- Ensure any deposit is properly protected;
- Keep a copy of your Tenancy Agreement;
- Keep a schedule of when and how rent was paid/received;
- Make sure you back up all communications in writing;
- Ensure that an Inventory is prepared at the beginning of the tenancy and ensure that both landlord and tenant agree to it.
Problems with Tenants
There are times when you may have a dispute with a Tenant, which may be over repairs, rent or deposits. However, if you are aware of your responsibilities, you can minimise the risks of being exposed to such disputes. Our team of solicitors can assist you with:-
- Giving notice to a Tenant and obtaining possession;
- Recovering rent arrears;
- Registering deposits;
- Advising you as to how to carry out repairs at a property whilst the Tenant remains in occupation;
- Advising you as to whether or not you or your Tenant are responsible for any repairs;
- Complying with Health and Safety and Local Authority Regulations.
We would advise that you do the following: -
- Ensure you vet your Tenants carefully – ask them why they are renting, where they lived before and why they left;
- Ask us to prepare your Tenancy Agreement to ensure that it complies with the relevant legislation and is tailored to your individual needs;
- Ensure you have the electrical and gas supplies, together with any appliances, such as boilers, fires and cookers, tested before your Tenant moves in;
- Properly protect any deposit in a Tenancy Deposit Scheme;
- Record how and when the rent has been paid;
- Keep copies of any correspondence passing between you and your Tenant.
How much will it cost for me to make a claim?
We offer a range of funding options, including: -
- Hourly rates.
- You may have Legal Expenses Insurance cover.
- Fixed fees for standard work including Possession Notices and Accelerated Possession claims.
Fixed Fees For Residential Possession
As solicitors, we know better than most that being a Landlord can be a tough task at the best of times. Dealing with difficult Tenants, ensuring that your property remains in good condition and that the rent is paid on time can be demanding.
Unfortunately, being a Landlord can become even more time - consuming when it comes to obtaining possession of your property. The Courts are particularly strict when it comes to obtaining possession from a Tenant. Our expertise can save you time, costs and above all the stress of dealing with Court proceedings.
At JWK Solicitors, we offer a Fixed Fee Regime to deal with residential possession matters which are undefended by the Tenant.
SECTION 21 – THE ACCELERATED ROUTE
Stage JWK Charge Recoverable fixed fees *
Preparing and arranging service of £150.00 N/A
Section 21 Notice
Issuing proceedings at Court £200.00 and £424.50
Court Fee £355.00
Request for Bailiff to attend £100.00 and £178.25
Court Fee of £121.00
SECTION 8 - THE STANDARD PROCEDURE
Stage JWK Charge Recoverable fixed fees *
Preparing and arranging service of £225.00 N/A
Section 8 Notice
Issuing proceedings at Court £225.00 and £424.50
Court fee £355.00
Preparing evidence and attendance
at the initial Court hearing # £300.00 £57.25
Request for Bailiff to attend £75.00 and £178.25
Court fee of £121.00
All charges are exclusive of VAT.
If the possession hearing takes place other than at Lancaster County Court, we will appoint an agent to attend on your behalf: you will be responsible for their agreed fees.
If the matter becomes defended, or additional work is required which is outside the steps identified above, our usual hourly rates will apply. Details of these costs will be provided once it becomes clear what additional work is required.
*subject to payment being made by the Defendant
# defended matters may require one or more Court hearings
JWK can help you. Get in touch today
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Craig obtained an LLB Honours degree at Leicester and moved to Chester Law School to complete his solicitors final examination. He joined Jobling & Knape in September 1987 as... Read more
Martin Stafford, Head of Dispute Resolution at JWK, was educated at Bolton Grammar School before moving on to Newcastle University where he read for his Law degree. Martin went on... Read more
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