How To Resolve Landlord And Tenant Disputes

Disputes between landlords and tenants are relatively rare, but they do occur.

Regardless of whether being a landlord is your full or part-time job, being aware of what causes disputes and how to resolve them is vital to save yourself a significant amount of time, hassle and money in the long run.

If you’re a landlord, this guide written by our team of experienced solicitors is here to help you avoid lengthy, costly disputes.

Common Landlord And Tenant Disputes

While drafting a tenancy agreement that states how any disputes will be handled is an excellent place to start, this doesn’t guarantee that you won’t face the occasional dispute during your time as a landlord.

Disputes between landlords and tenants can arise for a number of reasons.

Common landlord and tenant disputes include, but are not limited to: 

Late Rent Payments 

A tenancy agreement should clearly state when the rent is due every month.

However, from forgetfulness to bank mistakes to unemployment, there are a range of scenarios when late rent payments occur.

You can minimise the risk of a dispute by keeping an open line of communication with your tenants and reminding them at the start of the tenancy to set up a standing order.

Cleaning 

Cleaning is arguably the most common cause of disputes between landlords and tenants.

Most tenancy agreements will stipulate that the property should be kept in a good, clean condition, and should detail the state the property should be left in at the end of a tenancy.

Taking photos of the property when the tenant moves in is advisable to prevent a dispute.

Deposits

Landlords must put their tenants’ deposit in a tenancy deposit protection (TDP) scheme if they rent out their home on an assured shorthold tenancy that began after April 6th 2007.

These schemes ensure your tenants receive their deposit back if they:

• Don’t damage the property
• Pay the rent and bills
• Meet the terms of the tenancy agreement 

If you disagree with your tenants about how much of their deposit should be returned, then using your TDP scheme’s free dispute resolution service is essential.

How To Resolve Landlord And Tenant Disputes

Resolving a landlord and tenant dispute can be a complicated and delicate process, especially if this is your first time dealing with a dispute.

To resolve a landlord and tenant dispute, you must:

1. Recognise that prevention is key
2. Communicate clearly 
3. Keep records
4. Be willing to compromise 
5. Seek legal advice from a solicitor

1. Recognise That Prevention Is Key

It’s better to avoid a dispute in the first place, so prevention is key.

Both landlords and tenants have rights and responsibilities given by law. That said, you should have a tenancy agreement in place that clearly states the latest changes to housing laws and should always ensure your agreement is up to date.

Drawing up a tenancy agreement is designed to prevent any disputes from occurring in the first place, and a qualified solicitor will be able to help draft a water-tight tenancy agreement on your behalf.

2. Communicate Clearly 

Whether you manage your rental property yourself or through a letting agent, it’s crucial to communicate clearly to your tenant to resolve any issues.

No one likes being left in the dark, so ensure that your tenants have a point of contact they can call or email to be kept up to date. 

Being friendly and remaining calm is key to minimising frustrations and solving problems.

3. Keep Records

From the day a dispute is filed, it’s crucial that you record all correspondence with your tenant regarding the dispute.

Having a paper trail that you can easily access is important if you can’t settle the dispute outside of court.

Should you need to take your case further, keeping your records updated will ensure you have everything you need should the dispute escalate. 

This proof could even dissuade your tenant from going to court should the documentation show they’re in the wrong. 

4. Be Willing To Compromise 

In most cases, avoiding court is the best scenario to avoid costly proceedings, so be willing to compromise with your tenant(s).

No matter the circumstances or your relationship with your tenant, try to look at the situation objectively. 

If settling the dispute out of court is more financially viable for both of you, this is important to bear in mind before the situation escalates to court proceedings.

5. Seek Legal Advice From A Solicitor

Although going to court should be viewed as a last resort, it’s important to seek legal advice from a solicitor to know where you stand.

An experienced solicitor will be able to advise you on the next steps and shed light on your particular landlord and tenant dispute. 

At Harding Evans, we have a team of solicitors who are experienced in providing legal support to landlords across a wide range of areas, including landlord and tenant disputes.

To learn more about the services we offer, visit our website today.

How We Can Help

If you’re a landlord struggling with a dispute with your tenant, our experts at Harding Evans are here to help. 

We understand that legal situations can be stressful, and our helpful and supportive team will provide professional legal advice to help you understand all available options.

Get in touch with a member of our team to find out how we can help your case.