Landlord Tenant Disputes

What are landlord and tenant disputes?

Disputes between landlords and tenants often arise when rent is not paid, but they can also occur when either party does not follow the terms of the tenancy agreement. For example, a landlord might fail to keep the property in good condition or enter the property without giving the required notice. A tenant might cause damage or allow others to live in the property without the landlord’s consent.

Residential landlords must follow many legal rules. These include protecting the tenant’s deposit properly, returning the deposit at the end of the tenancy, and carrying out yearly gas safety checks. If these legal duties are not met, tenants may have grounds for a dispute.

These matters can be stressful for both sides, and it is common for tensions to rise. A calm and professional approach can help to avoid making the situation worse.

At Wilson Law, our experienced solicitors help both landlords and tenants manage these disputes. We guide you through your options and help you resolve the issue as quickly and cost-effectively as possible. We can also advise on changes brought about by the Renters’ Right Act 2025.

Helping landlords deal with tenant problems

Rent arrears

Many disputes start when tenants fall behind on rent. This may be due to financial difficulties or because they are unhappy with the way the landlord is managing the property.

In many cases, a letter from a solicitor can lead to a resolution, such as a payment plan. If that does not work, we can help you consider your next steps. These may include taking legal action against a guarantor, going to court, or serving a notice to end the tenancy.

If the tenant has left without paying, we can arrange for tracing agents to try to find them for debt recovery.

Sometimes a tenant may use a government scheme called Breathing Space, which gives them sixty days to sort out their debts. If this happens, we will explain how it affects your options.

Damage to the property

Tenants must return the property in the same condition it was in at the start of the tenancy, apart from reasonable wear and tear. If they fail to do this, it could be a breach of the agreement. Common problems include broken windows, stained carpets, damage to walls, and water damage.

The cost of repairs is often taken from the tenant’s deposit. If that is not enough, we can help you claim the extra cost. You may also be able to claim for lost rent while repairs are being made.

Breach of tenancy terms

If a tenant breaks any part of the tenancy agreement, you may be able to take action. Common breaches include:

• Keeping pets without permission
• Subletting without consent
• Not paying service charges
• Causing a nuisance or upsetting neighbours
• Refusing access for repairs

A well-written agreement helps avoid confusion about what is expected. If a dispute arises, we will try to settle it by negotiation or mediation before going to court. If a solution cannot be reached, we can help you bring a claim to recover money or take back possession of the property.

Possession proceedings

There are strict rules for ending a tenancy. If you do not follow them, the tenant may be able to claim they were unlawfully evicted.

For assured short-hold tenancies, landlords can use a legal process known as Section 8 or Section 21 under the Housing Act 1988. Section 8 is used when the tenant has broken the agreement, such as not paying rent. Section 21 is for ending the tenancy when the fixed term has finished and you want to take back the property. You do not need to give a reason under Section 21, and it does not always involve a court hearing.

However, Section 21 is currently under review and may be removed under the Renters Reform Bill.

We can guide you through the entire process, from deciding which notice to serve, all the way through to court proceedings. We can also help you find practical solutions to recover possession with the tenant’s agreement, where possible.

Helping tenants understand and protect their rights

Tenancy disputes can be very stressful for tenants, especially if they fear losing their home. We advise tenants on their rights and help make sure they are treated fairly.

Unlawful eviction or harassment

It is a criminal offence for a landlord to evict a tenant without following the correct legal steps. This includes actions such as changing the locks, removing possessions, or stopping the tenant from entering their home.

If you believe your landlord is trying to evict you unlawfully or is retaliating against you for asking for repairs, you should seek advice straight away. We can act quickly to protect your rights and claim compensation if needed.

Deposit disputes

Your landlord must protect your deposit and return it at the end of the tenancy, minus any proper deductions. Landlords can keep part of the deposit for unpaid rent, unpaid bills, or damage.

Disputes often arise over what is considered damage and what is normal wear and tear. We can help you collect evidence and make your case, either to the landlord or through a dispute resolution scheme. We may be able to help you recover some or all of your deposit.

Disrepair

Landlords must keep the property in a safe and usable condition. This includes:

• Maintaining the roof, walls, and gutters
• Keeping gas, water, and electrical systems in good working order
• Making repairs within a reasonable time
• Giving twenty-four hours’ notice before entering the property

The tenancy agreement may include other duties as well.

If the landlord does not fix serious problems, you can ask the court to order repairs and to award compensation. This might include money for damage to your belongings or higher utility bills caused by faulty equipment.

We can often settle these matters without going to court. If legal action is needed, we will support you throughout the process and help you apply for an order from the court or tribunal.

Other landlord and tenant disputes we handle

We can also help with:

• Disagreements about tenancy terms
• Removing squatters
• Dealing with property left behind
• Disputes over rent increases
• Service charge disagreements
• Claims of excessive landlord or agent fees
• Licensing disputes for houses in multiple occupation

How we can help

Most landlords and tenants want to resolve problems quickly and continue their relationship on good terms. Our solicitors work to settle matters informally wherever possible. If court action is required, we will prepare your case with care and professionalism.

Whether you are a landlord or a tenant, Wilson Law is here to help you protect your rights and reach a fair outcome. Contact us if you need legal advice.