Residential Landlord & Tenant Disputes

Our team of Residential Dispute lawyers are very experienced when dealing with a range of property disputes between landlords and tenants.
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Residential Landlord & Tenant Disputes

Our lawyers are assertive litigators and experienced negotiators. We can advise you of your options to achieve a resolution of your property dispute which may include Court proceedings, arbitration, mediation and other dispute resolution alternatives.

Where litigation is inevitable, cases are pursued with both vigour and pragmatism.

We specialise in acting for Landlords and Managing Agents with significant property portfolios as well as representing Landlords and Tenants of larger residential properties.

It is important that as a landlord, you comply with the legislation when managing your property so as to avoid claims being made against you.

Examples of possible disputes between landlords and tenants are:

  • Tenants have stopped paying their rent.
  • Damage to the property or disruptive behaviour.
  • Dispute with the letting agents.
  • Tenant eviction.
  • Service charge and insurance claims.

We can assist you in giving practical advice on how to manage your relationship with your tenant or landlord, prepare the documentation you need and ensure that if court proceedings become necessary, they are handled in a cost-effective and time-efficient manner.

Tenants on Housing Law
Publicly funded Legal Help / Legal Assistance scheme (Legal Aid). If you are in receipt of benefits or think you may qualify for the scheme it may assist you to make enquiries of your local Citizens Advice Bureau or a firm offering Legal Aid advice.

Key contact

Jed Temple PNG
Jed Temple
Senior Solicitor

What our clients say about us

We were very happy with our service. Being first-time buyers and brand new to the property world, Annari & Mary-Jayne relieved all of our worries and made our journey very stress-free and relatively easy. Thank you.

We received excellent support in reviewing and modifying our Wills to our latest needs. The communication has always been straightforward and very effective and we achieved the objectives we set at the beginning of the process. Strong expertise and legal knowledge have been key to the successful completion.

It was a very straightforward process & Charlotte explained everything clearly to us in a very friendly way & answered any queries we had. It was a pleasure to have her deal with this matter, and I would certainly come to your firm of solicitors on that basis. Thank you so much.

Paul provided calm, helpful, constructive and thorough advice on my matter and I will be in touch again to progress.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off too make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the entire process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

The service we received was exceptional. We were always updated and Annari would answer any questions I had immediately. Keep doing what you do Annari. Thank you so much for everything, and Amy too.

Thanks again, we’ve always felt in good hands. It is for this reason we’d highly recommend Herrington Carmichael and especially Annari.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the enitre process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

Both Holly Bray & Jessica Brooke were fantastic from start to finish on the purchase of my new build property. Nothing was an issues for them and I didn’t need to chase them for anything at all. I was kept well informed all the way through the process to completion and everything was dealt with in a very pleasant and professional manner. I would happily recommend Herrington Carmichael to anyone looking for a conveyancer for the purchase of their property. 5 stars.

From start to finish Herrington Carmichael staff have been excellent. Communication has been second to none and cannot fault them for everything. Would not hesitate to recommend them to anyone looking for a reliable, friendly and very efficient service.

Being first time buyer, Holly was very helpful in explaining the process and expediting all the things. Thank you very much for quick process.

Professional service, nice communication, I would have no hesitation in recommending and will be using them again in the near future.

They were super helpful, very efficient and had timely communication. I would use them again and recommend them to friends and family.

Laura and Amy have both been fantastic throughout the whole process. Both were very patient with any questions we had. Everything was made easy for us, making our first house purchase painless and enjoyable. We will certainly be using your company again. Thank you all so much.

Madelyn was always helpful, kind & supportive throughout.

Madelyn Wellstead is a fantastic Senior Apprentice Solicitor who worked on a family law case involving myself and my son. During her time working on my case she was extremely professional and supportive throughout. My case was a very complex case and had alot of ups and downs but Madelyn at all times kept Me informed and up to date. I would highly recommend her as very competent and very knowledgeable and an over all very nice decent person.

Over the past few months Nicole Miller, a Legal Director in Herrington Carmichael’s Private Wealth and Inheritance Department, has provided outstanding service in creating a trust for our family. From the outset, Nicole was professional, knowledgeable, and incredibly reassuring, guiding us through what could have been a complex process with clarity and patience. She took the time to understand our circumstances fully and explained everything in straightforward terms, ensuring we felt confident at every stage.

Nicole’s expertise, attention to detail, and responsive communication gave us complete peace of mind. She handled our matter with both precision and genuine care, making us feel that our family’s interests were truly valued. We are extremely grateful for her support and would wholeheartedly recommend her to anyone seeking expert and compassionate private wealth advice.

Considering the mess I was in when I first met you, I’ve managed to stay intact and that’s mostly down to your advice keeping me on the straight and narrow. For that I will always be grateful.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings. There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

What a joy to deal with a personable, on the ball and helpful individual! You do your organisation a great service helping clients now during Covid as you are, and I would not think twice about using your services in the future. Thank you for being you and going the extra mile!

Throughout the whole process, Roisin acted quickly on all aspects, was easy to get hold of, responded with pace and communicated fantastically, always finding effective ways to translate complex legal jargon into layman’s terms. Roisin is clearly operates at the top-end of her profession and as such, is someone I would wholeheartedly recommend.

I opted to use Roisin at Herrington-Carmichael to support with my purchase & sale as a result of her personable manner. Roisin made me feel that she had my best interests at heart and that I wouldn’t be just another transaction. Roisin more than lived up to my first impression, in fact I attribute the successful completion of my sale and purchase – which all but fell-through at the eleventh hour – to her tenacity, expertise and willingness to go above and beyond.

It’s been a pleasure working with you on my new venture. Your tenacious professional approach to the task in hand, has been refreshingly inspiring to say the least.

Sarah and her team have made this difficult time much better by the way they dealt with my case. The process was straightforward and i would use Sarah again without hesitation.

Sarah was very thorough, extremely knowledgeable but remained personable throughout making me feel at ease when needed.

Thank you again for all your help with what I have been through over the last year and a half. You gave me the confidence and belief to get through what has been the toughest time in my life. (You’ve got this) Thank you.

I can't thank Aadil and Madelyn enough for what they did for me in such a short space of time. I had previously used Aadil and didn't hesitate to contact him again regarding the issue I had.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off to make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I can honestly say that i have never received such good service from a solicitor ( and I’ve bought and sold many houses!!) as I have from Leo. He has been so professional, responsive and pro-active - it has made a huge difference to us during this process. I do hope that you recognise him for such good service and advice. Many thanks to all.

I have had the pleasure of working with Liz on several complex property purchases, including overseas based companies and legal opinions, commercial leases analysis, building contracts assignments and collateral warranties. On each occasion, Liz has acted promptly, kept me appraised of the progress and demonstrated excellent commercial awareness and professionalism in dealing with client’s solicitors, in order to meet tight completion deadlines. I have no hesitation in recommending Liz for all property related legal matters.

I also would like to specifically recognise Rachel Duncan, Partner Real Estate, for her outstanding support. Her expertise in real estate, particularly within the housing sector, has been exceptional. She provided clear, pragmatic advice on a complex matter, helping us navigate potential disputes and avoid unnecessary costs.....Her practical, solution-focused approach, combined with her responsiveness and professionalism, made a significant difference. She is a real asset to the firm.

The property team have been diligent, timely and highly responsive. This has allowed us to focus on our developments knowing that the matter is in capable hands.

I am delighted with the level of service and advice I got from Rachel. I felt in a safe pair of hands which took the stress out of negotiating the lease with our new landlord. It allowed me to focus on the fit out of our larger office.

She has always been extremely knowledgeable and professional, providing fantastic support and skill across all property transactions.

Thanks for all your help with the finalising the renewal lease for our tenant company in Ottershaw. You ensured that the process went smoothly and we were able to discuss various aspects of the renewal and decide which factors were relevant to this transaction and which ones were optional.

We used Herrington Carmichael to assist with a neighbour dispute regarding trespassing. With Daniel’s support, we were able to achieve our desired outcome in a timely manner. Daniel was approachable, clear in his communication and instructions, and provided us with well-informed advice on the best options for resolution. All communication was transparent, and any costs incurred were clearly explained in advance before work was undertaken. We would not hesitate to use Herrington Carmichael again for any future legal services and would definitely recommend them to others.

Professional, informative and would recommend.

Thank you so much, Thomas, for your hard work, persistence and patience throughout the process of getting the required documentation over the line by the deadline. It certainly was a challenging and frustrating time with quite a few obstacles thrown in our way, but your determination got us there.

I would love to start by saying our experience with Herrington Carmichael has been amazing from start to finish, and I would highly recommend the firm. Thomas Joucan was absolutely brilliant, and I couldn’t be any happier with his professionalism and absolute integrity, with such speedy replies and getting all aspects of our purchase and sale tied in seamlessly. Without doubt a brilliant, honest and professional solicitor with a big future ahead.

Tim Hardesty is our residential development lawyer. He is a good lawyer and has offered very sound advice. He is able to provide advice on land purchasing, planning, SDLT and issues that impact on the land buying process. What I like about Tim is that he doesn’t use legal jargon and has a common-sense approach to land buying. He is proactive in getting deals done and, importantly from my perspective, doesn’t hold deals up over unimportant legal points. He is also very personable, and well known and liked by other professionals.

We've had a great experience with Herrington Carmichael when buying our first house! All of this was completely new to us and they made sure the process was smooth and easy! Lisa has been amazing and was a recommendation from some other family members who have used her in the past. Thanks again.

I have thoroughly enjoyed working with you. Your professional advice, responsiveness and straightforward approach have been invaluable.

I recently had the pleasure of working with Herrington Carmichael and I can't express how grateful I am for their support and expertise. From our very first interaction, they made me feel valued and understood my needs. Their professionalism and attention to detail were evident in every step of the process. The team was always available to answer my questions and provided clear explanations of the legal jargon, which made everything much more manageable. They navigated the complexities of my purchase with such skill and care, ensuring that I was informed and comfortable at every stage. It was clear that they were committed to achieving the quick turn around from agreement to completion, and their hard work truly made a difference. I could not have asked for a better solicitors in what could have been a stressful experience. I highly recommend Herrington Carmichael to anyone in need of legal services. Their dedication and proficiency are unparalleled, and I am incredibly thankful for the support they provided. Thank you for making this journey so positive!

It was a pleasure working with Liz and Hannah on this transaction, securing crucial funding for an iconic hotel in South Devon. The communication and commercial guidance from Liz, Hannah and the wider Herrington Carmichael team was first rate throughout. I would not hesitate in recommending them for future transactions and look forward to working with the team again soon.

Dealing with Hannah was very easy. She was very helpful and professional.

Absolutely spot on - well done. I cannot be more thankful to all of you for being extremely helpful and professional right from day one. Special thanks to Hannah for getting everything sorted out at the last minute. Thank you for the excellent service and helping us out at every stage of our first house purchase. You will always be remembered!

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Meet our experts

Dedicated professionals ready to assist you.

Stephen Baker PNG
Partner, Head of Dispute Resolution
Edward Jones PNG
Partner
Mike Pollard PNG
Legal Director
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Legal Director
Jed Temple PNG
Senior Solicitor
Oliver Williams PNG
Solicitor
Florrie-Aylward-PNG
Solicitor
Chloe-Santer-PNG2
Solicitor
Daniel Leitao PNG
Solicitor

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

Dealing with a tenant not paying rent can be a major concern for landlords. Here’s what you can do:

  • Keep Records
  • Maintain accurate records of payments
  • Communication – talk to the tenant first to try and resolve the issue
  • Formal Letter – If no payment, you or we as your lawyers can send a formal letter by post and email demanding immediate payment and warning of legal action
  • Follow-Up – send additional letters if no payment
  • Court – start legal proceedings

Legal Options to regain possession of the property:

  • Section 8 Notice: Grounds for eviction, like rent arrears
  • Section 21 Notice: “No-fault” eviction after the tenancy term or if there is a break clause
  • Court Action: If no compliance, take legal action for possession and arrears

Debt recovery options:

  • Statutory Demand and bankruptcy or company winding up petition
  • Court proceedings followed by enforcement action

First and foremost, it’s crucial to follow the correct steps to evict your tenant. This involves obtaining either a Section 21 notice to evict them at the end of their fixed-term tenancy or a Section 8 notice if they’ve violated the terms of the tenancy agreement.

If you’ve taken these steps and the tenant still refuses to vacate the property, your next course of action is to initiate legal proceedings in court. Here, the court will assess all evidence and issue a possession order, allowing you to reclaim your property.

Should the tenant remain after the court order, you can then apply for the tenant to be evicted. This empowers bailiffs to remove the tenants from the property, enabling you to regain possession.

A Section 8 notice is used in England and Wales for eviction, based on legal grounds during a tenancy. Common reasons include rent arrears (two months or more), breaching the tenancy terms, property neglect, causing nuisance, false information, illegal activities, or property repossession by mortgage lenders.

The notice specifies when the tenant must leave (typically two weeks, four weeks, or two months). Landlords must follow proper procedures to issue a Section 8 notice correctly.

A Section 21 notice is an eviction notice used when a tenant reaches the end of their fixed-term tenancy, is on a periodic tenancy without a specified end date or the tenancy has a break clause.

Unlike a Section 8 notice, a Section 21 notice doesn’t require the landlord to provide a reason for the eviction.

If the tenant remains past the date specified in the Section 21 notice, the landlord must go through legal proceedings to evict them. Acting outside of this legal process is prohibited by law and can lead to civil and criminal law penalties.

In a small number of cases it is possible to evict a tenant without going to court, such as with an excluded tenancy where the tenant lives as a lodger in your home. Notice to quit will have to be given before any action is taken. There are civil and criminal law penalties where wrongful action is taken so legal advice is recommended.

For most tenancies you are likely to need to go through the courts to obtain a Section 21 or Section 8 notice to evict a tenant.

It’s advisable to seek advice from our solicitors for further guidance on this process.

The duration of the tenant eviction process can vary significantly, depending on various factors and how complex the situation is. If the tenant leaves voluntarily, the process can be completed within a matter of weeks. However, if court action is necessary to apply for a warrant of possession, it can take several months or up to 18 months if there are delays by the Court or other issues.

At Herrington Carmichael, our solicitors can provide guidance on the expected timeline and steps to ensure a smoother process.

Tenants “own” flats and apartments by having a long lease. Forfeiting a long residential lease as a landlord means reclaiming possession of the property due to the tenant’s breach of the lease terms. A forfeiture clause must be included in the tenancy agreement for this action. It can only occur after the tenant has breached the lease for a specific period, usually at least 14 days.

Forfeiting a lease is legally intricate. It’s advisable to seek guidance from a solicitor for advice tailored to your situation.

Common breaches of the Tenancy Agreement by Tenants relate to unpaid rent, damage or disrepair to the property, making changes to the property without the landlord’s consent, unlawful behaviour, etc.

You may resolve the issue simply by speaking to the tenant. Alternatively, in cases where the tenant has caused damage or disrepair to the property, you may want to check the lease to see if you are able to carry out the remedial works and charge the tenant. However, if you wish to evict the tenant, you will likely have to apply for a Section 8 or s21 notice. The details of how to do this can be obtained from our solicitors.

Service charges can often lead to disputes between landlords and leasehold tenants. Landlords should understand their responsibilities outlined in the lease, including the specified services and the service charge amount.

Landlords are not obliged to provide services not stated in the lease, and tenants are not required to pay for unspecified services.

To prevent disputes and ensure compliance, landlords should seek legal advice to correctly demand the service charge and meet statutory requirements. This minimizes the risk of tenants withholding payment or challenging the service charge through the Tribunal. A solicitor can also assist in resolving any disputes that arise.

It’s possible to raise the rent for tenants in a property, but the timing depends on the type of tenancy. For a periodic tenancy (a rolling tenancy without a fixed end-date), you can typically increase rent once a year with the tenant’s agreement, but not more frequently. With a fixed-term tenancy (ending after a set period), you need the tenant’s agreement to increase rent during the term, or you must wait until the term ends.

When increasing rent, it must be reasonable and in line with local rates. Tenants must agree to any increase beyond the previously agreed amount or the rent increase has to be determined by a Tribunal or Court.

Landlords must provide tenants with at least one month’s notice for any rent increase, except for yearly tenancies, which require six months’ notice.

There is a legal process to follow to increase the rent which our solicitors can advise you upon.