Breach of Tenancy Agreement - advice for landlords & tenants

Duncan Lewis Landlord & Tenant Solicitors – Breach of Tenancy Agreement

If a tenant breaches a tenancy agreement it is possible that their landlord will try and evict them from the property.

The sort of breaches of tenancy which result in a landlord seeking a court order for possession include:

• Anti-social behaviour (eg noise, graffiti, abusive behaviour)
• Criminal activity at the property (eg drug offences, prostitution)
• Damage to the property (eg broken windows)
• Disrepair issues (eg not keeping the property in good order)
• Keeping pets if the tenancy agreement expressly forbids this
• Keeping uncontrolled animals such as dogs
• Harassment
• Lack of cleanliness (eg refuse, fly tipping, dirty conditions inside the property)
• Rent arrears
• Sub-letting if the tenancy agreement expressly prohibits this.

Landlord and tenant law is complex and disputes between a landlord and their tenant frequently legal expertise to bring about resolution.

Breach of tenancy advice for landlords

Duncan Lewis can advise landlords on the best way to tackle a breach of tenancy, including issuing a Section 8 Notice as formal notification of the breach.

Section 8 Notices are often issued in cases of rent arrears which continue for more than two months, or if rent is frequently unpaid.

Landlords wishing to apply to a court for a possession order will have to prepare a witness statement for the court.

Duncan Lewis landlord & tenant solicitors can advise landlords seeking repossession of a property on taking court action against a tenant – and if necessary can also help with the preparation of a witness statement explaining the issues to the court.

Duncan Lewis can also advise on alternatives to litigation in breach of tenancy cases, including dispute resolution and mediation.

Breach of tenancy advice for tenants

Tenants have legal obligations under a tenancy agreement – such as paying the rent on time and carrying out any repairs specified under the agreement.

Failing to carry out tenant’s obligations can easily result in a landlord and tenant dispute.

If you live in a block of flats, there may also be obligations under the head lease, which should be covered by your tenancy agreement (eg disposal of refuse and not causing nuisance to other tenants).

In some cases, a lease could actually prevent the owner of a leasehold property from sub-letting it – and if a tenant is renting such a property, the situation can become even more complex.

In cases involving allegations of breach of tenancy agreement, it is essential to take legal advice from a housing solicitor with expertise in landlord and tenant disputes – especially if your landlord has already issued a Section 8 notice of a breach of tenancy and/or is seeking repossession after serving a Section 21 Notice to Quit, or is seeking damages.

A housing solicitor can examine the legal basis for your landlord seeking repossession and advise on the best course of action – including dispute resolution and mediation as an alternative to court action and/or resisting possession proceedings by a landlord.

Why use Duncan Lewis Landlord & Tenant Solicitors?

Duncan Lewis is a leading firm of Legal Aid solicitors able to advise social housing tenants and private rental sector tenants on a wide range of housing matters, including allegations by a landlord of breach of tenancy and resisting repossession by a landlord.

Duncan Lewis also regularly advises landlords on their legal obligations to tenants – and can advise on possession proceedings in breach of tenancy agreement cases.

Duncan Lewis also has departments covering most areas of law – such as litigation, family and criminal law, all of which might be relevant to a case involving breach of tenancy.

Clients not eligible for public funding (Legal Aid) can usually be offered a Conditional Fee Agreement (CFA) to fund a case – and Duncan Lewis landlord & tenant solicitors offer a set fee for the initial assessment of a case, so our clients always know what they will be paying.

If you are seeking possession of a property you rent out because of breach of tenancy agreement – or you are a tenant who has received a Section 8 Notice of breach of tenancy agreement from your landlord – call Duncan Lewis Landlord & Tenant Solicitors on 020 7923 4020 for expert legal help.