Practice Area
Landlord & Tenant Disputes
Disputes between landlords and tenants can escalate quickly and become expensive, damaging to relationships, and distracting from running your business. Yet many disputes could be resolved through early dialogue and pragmatic negotiation. Whether you're a landlord dealing with a tenant in arrears, facing claims for repairs, or involved in a service charge dispute, or a tenant frustrated by lack of maintenance, unreasonable service charges, or disputes with your landlord over lease obligations, my approach is to understand what's really at stake and find solutions that work.
I've handled disputes ranging from straightforward rent collection through complex multi-party dilapidations claims and protracted service charge disputes. The law is important, but so is understanding the commercial and human factors driving the dispute. Sometimes tenants aren't paying rent because of a genuine complaint about the property; sometimes landlords are being unreasonable about repair obligations. Identifying these underlying issues often unlocks solutions that litigation would never provide.
My role is to advise you on your legal position and rights, explain the realistic costs and timescales of formal dispute resolution, and help you evaluate whether negotiated settlement makes sense. Sometimes litigation is the right answer—but not always, and not until you've genuinely exhausted other options.
How I can help
Expert advice on your legal position in landlord-tenant disputes, whatever your side
Early negotiation and dispute resolution to avoid costly, time-consuming litigation
Mediation facilitation and support to reach mutually acceptable settlements
Landlord enforcement advice: possession, forfeiture, and recovery of arrears
Tenant rights and remedies: repair claims, damages, and counterclaims
Dilapidations claim advice and expert determination support
Service charge dispute resolution and challenging excessive charges
Full representation in court if formal proceedings become necessary
Common Types of Landlord and Tenant Disputes
The most common disputes I see are: rent arrears (the tenant has fallen behind on payments), dilapidations claims (disputes over the condition of the property at the end of a lease or when the tenant leaves), service charge disputes (disagreements over what charges are recoverable or how much they should be), repair disputes (disagreement about who is responsible for repairs and whether the landlord or tenant has complied with repair obligations), and disputes over lease breaches more generally (for instance, use restrictions or alteration restrictions).
Rent arrears can arise through genuine financial difficulty, disputes over service charges or maintenance (the tenant is offsetting arrears against counterclaims), or simply non-payment. Dilapidations disputes typically arise at lease end when the landlord claims the tenant hasn't left the property in the condition required by the lease, and the landlord sends a dilapidations schedule claiming repair costs. Service charge disputes often concern whether charges are reasonable, whether the landlord has recovered costs correctly, or whether the landlord has carried out works properly. Many of these disputes have genuine legal merit on both sides—the lease is ambiguous, or the lease allows the landlord to recover costs but the costs themselves seem unreasonable.
Early Resolution and Negotiation
Before formal action, negotiation usually makes sense. If you're a landlord owed rent, sending a polite letter asking why the rent hasn't been paid, and inviting a call to discuss, often resolves matters better than immediately threatening forfeiture. If you're a tenant facing a large dilapidations claim, engaging with the landlord, obtaining your own surveyor's report, and negotiating a settlement before legal action costs far less than litigation. Mediation can also be effective—an independent mediator helps both parties explore options without the formality or cost of court.
The key to effective negotiation is understanding what matters to the other side. Landlords often care most about payment and certainty; tenants often worry about the final cost of a dispute. Sometimes disputes can be resolved by agreeing a settlement plan for arrears, or by compromising on a dilapidations claim. Sometimes the resolution involves solving an underlying problem—for instance, a maintenance dispute where the landlord agrees to carry out repairs and the tenant agrees to pay service charges going forward. I help you understand what the other side wants, advise on what's negotiable, and support you in reaching a settlement that works.
Formal Dispute Resolution: Negotiation, Mediation, and Adjudication
If negotiation doesn't work, you have several formal options. Adjudication is a quick process available for disputes under the Housing Grants, Construction and Regeneration Act 1996, mainly used for construction-related disputes. You can initiate adjudication, and the adjudicator must render a decision within a set timescale (usually 28 days). The decision is binding unless one party applies to court to challenge it. Adjudication is quick and relatively inexpensive (adjudicator fees are typically £500-£2,000) compared to litigation, but it works best for disputes with clear contractual language.
Mediation involves an independent mediator facilitating discussion between you and the other party, helping you reach settlement. It's voluntary, confidential, and much cheaper than litigation (mediator fees £500-£1,500 for a one-day mediation). Many court orders now require parties to attempt mediation before litigation. If neither negotiation nor mediation resolves the dispute, court proceedings might be necessary. Court is expensive (legal fees can easily reach £5,000-£20,000 or more for a landlord-tenant case), slow (cases can take 1-2 years), and public (judgments are reported). But it's the right forum for disputes that genuinely cannot be resolved otherwise.
Landlord's Enforcement Options
If a tenant owes rent or has breached the lease, the landlord has several enforcement options. For rent arrears, the landlord can issue a notice to pay and, if the tenant doesn't pay, apply to court for a possession order. If the tenant has been in the property for less than a year, possession is straightforward if you can prove the debt. For longer-standing tenancies, the court has discretion. Once you obtain a possession order, the court can issue a warrant for eviction if the tenant doesn't leave voluntarily. The process typically takes 2-4 months from issuing the notice.
For other lease breaches (such as unauthorized alterations or prohibited use), the landlord can serve a notice to remedy the breach, giving the tenant time to comply. If the tenant doesn't comply, the landlord can apply to court for a possession order. Sometimes, rather than going for possession, the landlord will negotiate a solution—the tenant agrees to remedy the breach, and the landlord doesn't proceed with forfeiture. For dilapidations claims (disputes about repair at lease end), the landlord serves a schedule of dilapidations and claims repair costs. If the tenant disputes the claim, the parties typically negotiate or go to court. I advise landlords on whether formal action makes sense, what timescales and costs to expect, and how to handle the enforcement process.
Tenant's Rights and Defences
Tenants have significant rights under UK property law, and many disputes arise from landlords not respecting these. The Landlord and Tenant Act 1985 requires landlords to keep buildings structurally sound and services in repair—a tenant can claim rent abatement (reduction) if the landlord is in breach. The Environmental Act 1995 and various regulations require landlords to ensure properties are fit for habitation and comply with health and safety standards. A tenant can claim damages or seek repair orders if landlords breach these duties.
For commercial property, the position is usually more balanced—the tenant often bears repair obligations. However, common law duties still exist, and lease terms must be interpreted fairly. If a service charge is excessive or the landlord has incurred costs unreasonably, the tenant might have grounds to challenge it. If a landlord is threatening forfeiture (eviction) for breach, a tenant can apply to court for relief—the court has discretion to grant relief if the breach is minor or the tenant has remedied it. I advise tenants on their rights, what claims they might have against the landlord, and how to assert those rights. Sometimes a tenant's best strategy is asserting a counterclaim against a landlord's claim, effectively offsetting them against each other.
Dilapidations Claims and End-of-Lease Issues
Dilapidations disputes arise typically at the end of a lease when the tenant vacates and the landlord claims repair costs. The lease usually specifies the condition in which the tenant must leave—often 'good repair' or 'as good as when the lease started' (fair wear and tear excepted). The landlord obtains a dilapidations schedule from a surveyor, listing defects and repair costs. The tenant can dispute the claims—perhaps the surveyor has overestimated costs, or some items don't constitute breach of the lease, or fair wear and tear should excuse them.
Disputations are resolved either through negotiation (the parties agree a settlement), expert determination (both parties appoint surveyors who agree a figure, or appoint an expert to determine it), or court proceedings. Expert determination is often faster and cheaper than court but only works if both parties agree to it. Court proceedings typically involve expert evidence from both sides, with the court deciding which items constitute breach and what repair costs are reasonable. I advise both landlords and tenants on dilapidations claims—helping landlords ensure their claims are well-founded and costs realistic, and helping tenants challenge excessive claims or negotiate settlements.
Frequently Asked Questions
If my tenant isn't paying rent, what can I do, and how long will it take?▾
You should first contact the tenant to understand why they're not paying. If it's a temporary issue, a payment plan might resolve it. If the tenant is genuinely unable to pay, you might consider whether continuing the tenancy makes sense. If the tenant is simply refusing to pay, you can serve a notice to pay demanding the arrears. If the tenant doesn't pay within the notice period (usually 14 days, unless your lease specifies otherwise), you can apply to court for a possession order. The court process typically takes 2-4 months from serving the notice. You'll need to prove the arrears, which is straightforward. Once you have a possession order, if the tenant doesn't vacate voluntarily, you can apply for a warrant for eviction. Throughout this process, negotiating a settlement or payment plan is usually quicker and less expensive than litigation.
A service charge bill is enormous. As a tenant, do I have to pay it?▾
Yes, but only if the charge is properly demanded and the costs are reasonable. A service charge must be fairly calculated, for actual costs the landlord has incurred, and usually only for items detailed in the lease. Common defects in service charge disputes are: the landlord hasn't given a proper breakdown, so you can't verify the costs; the costs seem excessive (e.g., cleaning costs are much higher than similar buildings); or the landlord has recovered costs it shouldn't (e.g., repairs that were the landlord's responsibility, not a service charge item). Your remedies are: request a detailed breakdown and challenge specific items; withhold the disputed amount (carefully, following proper procedures); seek mediation with the landlord; or apply to court. If the charge truly seems unreasonable, don't simply refuse to pay—follow proper procedure and seek advice, because wrongly withholding rent could lead to forfeiture proceedings.
The landlord isn't doing repairs. Can I do them myself and deduct the cost from rent?▾
This is a high-risk strategy. You cannot simply deduct costs from rent without the landlord's explicit agreement or a court order. However, if the landlord is in serious breach of repair obligations (leaving the property uninhabitable or unsafe), you have legal remedies. You can: serve a notice on the landlord requiring repairs and, if they don't comply, apply to court for an order compelling the landlord to repair. You can also claim damages for breach (including any inconvenience you've suffered). In rare cases, if repair is urgent and dangerous (e.g., a burst pipe), you can carry out emergency repairs and claim reimbursement. The safest approach is serving notice on the landlord, giving them reasonable time to repair, then seeking advice if they don't comply. Withholding rent is tempting but risky—the landlord can claim you're in breach of the lease.
What's a dilapidations schedule, and how do I respond to one?▾
A dilapidations schedule is a document, usually prepared by a surveyor, listing defects in the property and the costs to repair them. It's usually served on the tenant at the end of the lease, claiming repair costs the landlord says the tenant should pay. Don't ignore it—the landlord might pursue a claim if you don't respond. Your options are: carefully review each item and dispute any you believe are unfair (some items might not be lease breaches, or fair wear and tear might excuse them); obtain your own surveyor's report countering the claim; negotiate with the landlord and try to reach a settlement; or, if the claim is substantial, seek advice about expert determination or court proceedings. Many dilapidations disputes are resolved through negotiation once both parties understand each other's position. If you think the claim is genuinely unreasonable, resist it and seek advice rather than paying a large claim you don't believe you owe.
How much does it cost to take a landlord-tenant dispute to court?▾
Court costs vary significantly depending on the value of the claim and complexity. For a straightforward rent arrears claim (under £10,000), legal fees might be £2,000-£5,000. For a more complex dispute (service charge or dilapidations) worth £20,000-£50,000, fees could be £5,000-£15,000. Major disputes involving extensive evidence can cost £20,000-£50,000 or more. Court fees themselves (paid to the court) are £154 for claims under £300 up to £1,090 for claims over £100,000. In addition, if you lose, you might be ordered to pay the other side's legal costs. This is why negotiation or mediation, which cost £500-£3,000, are usually preferable if the parties are willing. I help clients understand the full cost picture upfront and advise on whether court proceedings make financial sense given the value at stake.
Can I claim damages against my landlord if they're not keeping the property in repair?▾
Yes, in several circumstances. If the landlord is in breach of a legal duty to repair (under the Landlord and Tenant Act 1985 or common law), you can claim damages for any losses flowing from that breach. This might include the cost of emergency repairs you had to carry out, loss of amenity (if the property was less useable due to the breach), or in serious cases (like mould or safety issues), compensation for impact on your health or business. You'd typically need to prove that the landlord was aware of the defect, you gave them time to repair, and they failed to do so. Your claims would need to be substantiated (e.g., with receipts for emergency repairs, or medical evidence of harm). If the landlord is seriously in breach, it might be worth exploring a formal claim. However, don't simply incur repair costs and expect to recover them—follow proper procedures and get legal advice to protect your claim.
What's the Legal Ombudsman, and can I complain to them?▾
The Legal Ombudsman handles complaints about legal services—for instance, if a solicitor charges excessive fees, misses deadlines, or gives poor advice. They don't handle disputes between landlords and tenants directly. However, if you've paid for legal advice or representation and feel your solicitor has performed poorly, you can complain to the Ombudsman. For commercial property disputes, the Ombudsman's jurisdiction is limited (they mainly handle disputes for micro-businesses and individuals). If you're in a genuine landlord-tenant dispute with the property owner, that's not an Ombudsman matter—it's a legal dispute to be resolved through negotiation, mediation, or court. However, if a solicitor has mishandled your case, the Ombudsman is the right forum for complaint.
Should I try mediation before taking my landlord-tenant dispute to court?▾
Yes, almost always. Mediation is cheaper (typically £500-£1,500 for a half or full day), faster (often resolved in one session), and preserves relationships better than litigation. Many court orders now require parties to attempt mediation before proceeding. If you and your landlord or tenant are deadlocked but both parties care about resolution, mediation often works. An independent mediator helps you both explore options and find common ground. Mediation is voluntary and confidential—if it doesn't work, you can still go to court. Many disputes that seem impossible to resolve actually settle once both parties have had a chance to fully explain their position and understand the other side's perspective. I encourage clients to attempt mediation unless the dispute is fundamentally hostile or one party is acting in bad faith.
If you're in a landlord-tenant dispute, get legal advice early. Most disputes are more cheaply and quickly resolved through early negotiation or mediation than through litigation. Contact me to discuss your dispute and explore resolution options.
Get in touch for a no-obligation initial conversation about your matter.
Other areas of my practice
Commercial Leases
Expert guidance on negotiating, drafting, and managing commercial lease agreements. I ensure your lease terms protect your position, whether you're a landlord or tenant.
Property Acquisitions
Comprehensive acquisition advice for commercial properties, from initial offer through completion. I guide you through due diligence, legal investigations, and structuring to protect your investment.
Development Agreements
Specialist advice on development agreements, from site acquisition through to completion. I help you navigate the legal and commercial complexities of property development projects.