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 impressed with the service provided by Herrington Carmichael. Michelle & Siddhartha were highly responsive and provided clear, professional advice throughout the process of our director's loan conversion. Their support with our company secretarial requirements was excellent, and we would highly recommend their services.

We needed urgent assistance and you delivered way beyond expectations. Really appreciate you, Chris, Sophie and Samuel, and all your teams effort.

I would highly recommend using the services of Samuel and the Herrington Carmichael Team. The expertise was consistent from my initial contact through to completion. Working against time constraints, the communication, responsiveness and due diligence from Samuel was first class.

We appointed Herrington Carmichael to act for us in the sale of our Chartered Financial Planning business. From the outset, we were impressed with Alex and Lucinda's professionalism. This impression was backed up by helpful and knowledgeable support from them and their team throughout the sale process. All aspects of the sale discussions were dealt with carefully and efficiently, resulting in a satisfactory outcome for us as sellers.

Joel and his team are an absolute pleasure to work with. From day one to completion, they were totally engaged in the sale process to ensure the best possible outcome for us as individuals. Their wise counsel throughout the process was invaluable, and I wouldn't hesitate to recommend them.

I have worked with Joel and his team on two acquisitions, on both occasions he has been professional, knowledgeable and approachable. He is able to explain the process in layman’s terms, clearly differentiating between the preferred and essential in contract negotiations. I wouldn’t hesitate to use or recommend Joel's services again.

I recently completed the sale of my business. Herrington Carmichael acted on my behalf, and my contact was Joel Gocool. Joel and his team were magnificent. I had one point of contact throughout the process, which made everything much easier. Joel was very easy to get on with, attentive, and promptly answered questions or queries. The advice I received was balanced, and Joel helped me to navigate my way through the warranties and indemnities, making the journey as easy as possible for me. I would like to thank him and his team for their very professional assistance throughout and would not hesitate to recommend the Firm to other business owners.

This was the first time we had worked with Herrington Carmichael, and we were extremely happy with our experience. We found Joel to be helpful, always on time for meetings, flexible and his legal knowledge was very good. We completed on a very tight schedule and Joel addressed all the key issues to make this happen. Joel is very easy to get on with and a pleasure to work with. We would strongly recommend him and highly recommend the firm to others.

I would like to express my thanks to Harry Winkley, Joel Gocool and the team at Herrington Carmichael for their pro-active approach in our recent acquisition to the Surelock McGill Group of companies. A smooth transition working closely and professional within our set parameters, also within predicted budget. Many Thanks to the full team at HC.

I recently sold my business. I was advised to use HC as they have experience in selling financial advisory companies. I have been delighted with the work that they did. They were thorough and quick to engage, and from a cost perspective, they met the quote that they had given at the outset. Most importantly, it was imperative that, with a relatively short window to operate in, we got the deal over the line before the new tax year... we completed on the 31st March. I am so pleased with all Joel and Dylan have done and would recommend HC highly.

We recently worked with Joel Gocool and Dylan Cutifani on the successful completion of our Management Buyout (MBO). Throughout the process, they provided clear advice and guided us confidently through what was a complex process. Their attention to detail, commercial understanding, and responsiveness helped ensure the deal progressed smoothly and efficiently. We particularly valued their ability to explain legal matters in straightforward terms and their proactive approach to resolving issues that arose. We would have no hesitation in recommending Joel or Dylan to any business considering an MBO.

I cannot thank Joel, Dylan and the wider Herrington Carmichael team enough for their outstanding support throughout the sale of my shares. What should have been a straightforward transaction became far more complex and protracted than anyone anticipated, with numerous delays and challenges along the way. Throughout the process, Joel and Dylan remained calm, professional, responsive and completely committed to achieving the best possible outcome for me. They provided clear, practical advice, kept me informed at every stage and worked tirelessly to keep the transaction moving forward despite repeated obstacles. Their attention to detail, persistence and ability to navigate difficult negotiations gave me complete confidence that my interests were being protected at all times.

Beyond their legal expertise, what stood out most was their genuine support. This was a stressful and emotionally draining transaction, and there were times when I felt like giving up. Joel and Dylan were always there to provide reassurance, explain the next steps and ensure I never felt that I was facing the process alone. I am incredibly grateful for their professionalism, dedication and perseverance in bringing the transaction to a successful conclusion. I would have no hesitation in recommending Joel, Dylan and Herrington Carmichael to anyone looking for solicitors who combine exceptional legal expertise with outstanding client care.

Joel and the team at HC provided exceptional support throughout what was a complex and high-value transaction. Their calm, pragmatic approach and commercial understanding gave me confidence at every stage of the process. Joel’s communication was clear and consistent, and he was always there to support me and reassure me at all hours and he always made sure my priorities were fully protected while maintaining momentum to completion.

I would have no hesitation in recommending Joel and HC to anyone seeking experienced, commercially minded legal support for an investment process or business sale.

Alex Canham and Joel Gocool are a delight to deal with and form a highly efficient team. They have gone the extra mile in our negotiations.

I recently used Herrington Carmichael Solicitors for the sale of a house and was very impressed with the service. This is the second time I’ve used them, and once again the team were polite, efficient, and kept me well informed throughout the whole process. Communication was clear and timely, which made everything run smoothly and stress-free. I would happily recommend them to anyone looking for reliable and professional solicitors.

Over the period Oct. to Dec.’25, Herrington-Carmichael supported us with regard to the closure of an employer-managed pension scheme. Mark Chapman provided excellent guidance and documentation to ensure that the overall project was correctly completed in the required time-frame. I would not hesitate to recommend Herrington-Carmichael as a partner to provide support with any legal matters.

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 clients’ solicitors. I have no hesitation in recommending Liz for all property-related legal matters.

Their expertise has been invaluable to us as landlords for all sorts of disputes and lease extensions, which can be a minefield. These matters are always dealt with extremely well. It is hard not to praise them too highly, to be honest, as in all of my dealings, I can say that I have always had a very positive outcome.

The real estate team at Herrington Carmichael has expertise in advising on development work, including acting for lenders in the development sector, working with banking institutions, undertaking agricultural matters and advising on leasehold and enfranchisement issues.

The team at Herrington Carmichael are responsive and reliable and provides an exceptional service to us. There is a strong level of ownership from the team, and they go the extra mile to ensure that there is a thorough examination of each transaction and that our interests are always protected.

The Real Estate team at Herrington Carmichael delivered their expertise in a pragmatic and commercial way, maintaining a professional and responsive approach throughout. They provided clear, commercially informed guidance and took a highly structured approach to coordinating the requirements of the transaction and our development strategy. I extend my sincere appreciation to Liz and her team for their sustained commitment to excellence and for their invaluable support in bringing this project to a successful exchange for Storage King. We are pleased to regard you as a trusted and valuable part of our professional team.

I have worked with Herrington Carmichael and Liz Hailey for many years. The recent purchase of a development site for a new home was particularly complicated, involving complex title issues on a large multi-use site, planning considerations, development agreements, easements, collateral warranties and guarantees.......Thank you to all the team at HC for your continued excellence and your support in concluding these exciting new projects for DMP...

The Real Estate team at Herrington Carmichael were excellent in dealing with this transaction; they delivered their expertise in a pragmatic and commercial way, maintaining a professional and responsive approach throughout. They provided clear, commercially informed guidance, and took a highly structured approach to coordinating the requirements of our lender, the transaction as a whole and our development strategy. I'd like to thank Liz and the team for all their support in helping the Chartwell Group successfully complete the transaction. We really appreciated their guidance and look forward to working with them again in the future.

I cannot thank your dispute resolution team enough for all your help. Once again, it was a pleasure dealing with you and should we ever have the misfortune to have to use your services, I would be very confident making that choice.

The firm has a wealth of knowledge and experience and is able to handle all types of issues that I have presented to them. They are easy to contact, and you certainly feel looked after and that you are in capable hands.

Stephen Baker is an experienced and commercially astute litigator who is dedicated to the interests of his clients and has the ability to deal with the most demanding and difficult of clients while still retaining a cheerful and engaged demeanour.

This practice stands out not just for the quality of legal advice, but for its responsiveness, consistency, and ability to build lasting relationships.

What truly sets them apart is their commitment to collaboration and innovation. They not only provide expert legal guidance but also take the initiative to educate our members on the latest legal developments, demonstrating a proactive investment in their clients' success.

Working with the team at Herrington Carmichael makes it easy for me to do my job, knowing that I am working with a trusted and reliable partner who has taken the time to understand my business. The team are responsive and communicate clearly at all times, and I know the work will be done right, with my business interests at the forefront of their considerations.

The partner in charge, Mark Chapman, was exceptional. Our issues were unique and we had to change direction several times, but the team always responded well, bringing in the new specialist skills as needed. I think that is the standout quality; adaptability.

The advice and guidance provided to us by the corporate and commercial team at Herrington Carmichael has proved invaluable over the past few years. The team work closely together to provide a consistently high standard of work and sound legal advice. They are available when we need them, exceptionally knowledgeable and approachable. Knowing our company so well, they can provide high-quality legal advice that is suitably tailored to our commercial needs and risk appetite.

My experience of working with Cesare and his team has been a pleasure, the advice was clear, precise and commercially astute and the draft contracts etc were delivered to a very tight programme. We appreciated the attention to detail whilst always being mindful of the agreed budget.

Working with Cesare and the team at Herrington Carmichael on a recent commercial contract has been a very positive experience for us at Ecrebo. The team were professional, knowledgeable and able to pick up on specific nuances relative to our business very quickly. We are pleased with the end result and would recommend the team at HC.

Mark and the team at Herrington Carmichael guided us through a period of high complexity and ambiguity at launch. They simplified our situation, offering clear and straightforward advice, which has laid the foundation for our growth. I would recommend the team to anyone seeking advice on cross-border commerce.

We’ve had an outstanding experience working with Herrington Carmichael who have been instrumental in helping our business protect its registered trade marks. From day one, they demonstrated a clear understanding of the importance of brand protection and took a thorough, strategic, and practical approach to securing our intellectual property

Mark, Edie, and the team were excellent throughout our software company demerger. At the outset, the scope of work was not entirely clear, but they took the time to explain the legal aspects of the process and provided a clear shopping list of the documents that might be needed, together with quotes for each item. This helped us understand the importance and cost of each piece of work and decide what to prioritise and in what order. They then supported us with key documentation, including a new EULA for one of the newly created company's products and novation agreements to transfer customers and suppliers to the new entities. Their advice was clear, practical, and commercially focused throughout, and they handled the whole process with professionalism and efficiency. I would have no hesitation in recommending them.

Excellent level of service provided by Alex, Joel and the team. Our sale was not particularly straightforward, quality advice provided in a timely manner. I am not sure we could have completed our sale without them. Would highly recommend!

A big thank you to Alex and his team in particular Melissa who worked diligently and at all times looked to serve our best interests. They were constantly available to provide reassuring advice through a sometimes difficult transaction and fraught period. Despite the tight deadlines and significant workload I was delighted with their performance.

We have worked with Alex Canham and Melissa Deutrom at Herrington Carmichael on two separate acquisitions together with numerous general corporate activities. We have always found them to be highly responsive, timely and accurate. We would definitely recommend them to other financial services companies like ours.

Ed manages to combine the legal and practical aspects of a disposal with consummate ease and it certainly makes my life a lot easier knowing that he is dealing with the legals on my behalf!

Both Alex Canham and Edward Beedham provide clear advice and are very responsive which is invaluable when dealing with time pressured situations.

We were very impressed with the service provided by Herrington Carmichael. Michelle & Siddhartha were highly responsive and provided clear, professional advice throughout the process of our director's loan conversion. Their support with our company secretarial requirements was excellent, and we would highly recommend their services.

We have been with Herrington Carmichael for many years and we always receive excellent and timely advice, as well as all the practical support necessary to run our small limited management company efficiently. Charges are clear and reasonable. It’s always easy to communicate and replies are swift and helpful. Named individuals take a personal interest.

Mimosa Court Residents Company Limited

Having worked closely with Yavan and the team for several years now, this re-finance project was particularly important for Futura – allowing us to continue with our steep growth trajectory without compromising our focus on service excellence and continual improvement. In such a fast-paced environment, it is essential for us to work with key strategic partners like Herrington Carmichael, who have a deep understanding of our business, people and aspirations.

We instructed the banking team at Herrington Carmichael on a complex and difficult banking transaction with a tight turnaround. Yavan and Chris met the challenge and they helped us to understand the key sticking and contentious points with great clarity, and simplified the process for us. Chris and Yavan had a consistent focus on our end goal throughout, and worked hard to help us achieve it. It has been a real pleasure working with them, and I would not hesitate to recommend them!

Yavan and team supported us through the process ensuring we had the right level of guidance and regulatory control for every decision through this process, we felt fully supported and couldn’t have achieved the outcome without them.

We appointed Herrington Carmichael to act for us in the sale of our Chartered Financial Planning business. From the outset we were impressed with Alex and Lucinda's professionalism. This impression was backed up by helpful and knowledgeable support from them and their team throughout the sale process. All aspects of the sale discussions were dealt with carefully and efficiently resulting in a satisfactory outcome for us as sellers.

We would like to express my thanks for the work carried out by Alex, Lucinda and the entire team at Herrington Carmichael during a recent transaction.....Their clear communication, thoroughness, and proactive approach ensured the transaction was completed as smoothly and efficiently as possible. It was a pleasure working with them. They went above and beyond to safeguard our interests and provide clear guidance. We felt supported at all times, thanks to their commitment and expertise. Based on our experience, we would have no hesitation in recommending Alex, Lucinda and the entire team at Herrington Carmichael to others seeking a reliable, knowledgeable, and dedicated legal resource.

Client

First class service, with great communications all along, I liked the way the DD report came in under a traffic light style format to highlight those higher risk areas, and when the pressure was on at the very end, Beth and Chris went above and beyond to make sure this one could happen on Tuesday. We (well, Chris and Beth) got it over the line by lunchtime on Tuesday. Thank you once again, Team Herrington, for the professional, human, and reassuring approach.

Simon Arnold
Finance Director, Grundon Waste Management Ltd
The firm has a wealth of knowledge and experience and is able to handle all types of issues that I have presented to them. They are easy to contact and you certainly feel looked after and that you are in capable hands.

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Meet our experts

Dedicated professionals ready to assist you.

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