Landlord and Tenant Disputes

Section 11 of the Landlord and Tenant Act obliges landlords to keep their properties well-maintained and safe.

Under the Act, landlords must:

• Keep the exterior of their property in good repair, including drains, gutters, pipes, walls and roof
• Keep installations for gas, electricity and water in good repair and in proper working order. This includes baths, toilets, sinks, basins, water tanks, electrical wiring, heating and more

As a tenant, it is your responsibility to notify your landlord if you notice any problems. Your landlord must then arrange for the work to be carried out within ‘a reasonable length of time’. If they fail to do so, you can recover compensation from them.

Another relevant piece of legislation, which came into force in 2019, is the Homes (Fitness for Human Habitation) Act 2018. The Act does not give landlords any new obligations over and above those stated in the Landlord and Tenant Act. However, it does give tenants more power to take action when a property is unfit for human habitation.

Since the Homes Act came into force, a tenant can take court action against a landlord on the grounds of breach of contract. A court order may be taken against a landlord to rectify an issue and to pay compensation to their tenant.

The Renters’ Rights Act 2025 came into force on 1 May 2026 and has fundamentally changed the relationship between landlords and tenants in England. If you are a landlord, the rules you have relied on for years have changed significantly.

Key changes

• All existing Assured Shorthold Tenancy Agreements have automatically converted to Assured Periodic Tenancies, which roll on rather than running for a fixed term
• Section 21 “no-fault” possession has been abolished entirely
• All possession action must now be brought under the revised Section 8 of the Housing Act 1988
• New and revised grounds for possession apply, with longer prescribed notice periods before proceedings can be issued
• The evidential burden on landlords has increased, and judges are expected to be more robust in assessing whether grounds are made out
• A court hearing will be fixed for every possession claim
• Tenant rights around pet ownership and rent increases have been updated

The mandatory information sheet

All landlords must serve the “Renters’ Rights Act Information Sheet 2026” on their tenants on or before 31 May 2026. It can be served as a hard copy or as a PDF attachment, but evidence of service must be retained. Failure to comply could result in a fine of up to £7,000.

If you have not yet served this document, this is your most urgent priority. Our Dispute Resolution Team can serve it on your behalf and secure proof of service for a fixed fee of £150 (including VAT).

New tenancy agreements

Any new tenancy agreements you put in place need to reflect the changes brought in by the Act, including the shift to periodic tenancies, the new rules on pets, and updated rent increase provisions. Using a pre-May 2026 template could leave you exposed.

Our solicitors have successfully helped many landlords recover rent arrears.

If the tenant has already left your property, we begin by instructing a trace agent to find them. Once the tenant has been found, we send them a formal letter informing them that court action will be brought against them unless they pay what they owe by a specified deadline. Court action can result in a County Court Judgement (CCJ) being brought against them, which affects their credit score. In most cases, arrears are paid at this point.

Where the tenant is still in the property, rent arrears are now one of the grounds for possession under the revised Section 8 of the Housing Act 1988. We can advise on whether the arrears meet the threshold for the relevant ground, prepare and serve the Section 8 notice, and pursue possession proceedings if the tenant does not leave.

Private landlords are not legally responsible for the anti-social behaviour of their tenants. However, where landlords fail to take action, this can have consequences with neighbours and local authority housing inspectors.

Anti-social behaviour includes excessive noise, rubbish piling up, abusive behaviour, allowing children to cause a nuisance and more.

If your tenant is behaving poorly, gather as much evidence as possible to support your case. This could be photographic evidence, witness statements, diary records of incidents, and any correspondence sent to the tenant regarding their behaviour. Anti-social behaviour is one of the grounds for possession under the revised Section 8, and the evidence you collect will be essential to satisfying the court.

Specific clauses can be included in tenancy agreements to help prevent anti-social behaviour. You can then refer to these clauses if you need to take legal action, as the tenant will have breached the agreement.

A tenant can be evicted from a property if they breach any part of the tenancy. Breaches include:

• Anti-social behaviour and/or criminal activity
• Damage to the property
• Failing to keep the property in a good state of repair
• Subletting the property without permission
• Lack of cleanliness (letting rubbish pile up, not cleaning the property)
• Rent arrears

If you are unsure whether a breach of tenancy has occurred, our landlord solicitors can advise you on whether there is a viable ground for possession under the revised Section 8.

With Section 21 abolished, all residential possession action is now brought under the revised Section 8 of the Housing Act 1988.

Possession can be sought at any point during the tenancy provided one or more of the statutory grounds applies. Some grounds are mandatory, meaning the court must grant possession if the evidence supports them. Other grounds are discretionary, meaning the judge must be persuaded that possession is justified. Discretionary grounds, if opposed, are likely to result in directions being given and a trial to determine the claim.

A court hearing will be fixed for every possession claim, regardless of whether it is opposed. This is a significant change from the old Section 21 paper-based process, and it means the evidence supporting your claim needs to be in order from the outset.

The court will also expect full compliance with your obligations as a landlord. This includes evidence that any deposit received after 6 April 2007 was paid into an approved Tenancy Deposit Scheme and that the prescribed information was provided to the tenant within 30 days. Non-compliance here can defeat a possession claim.

If the tenant fails to leave once a Possession Order has been made, we can apply for a Warrant of Possession and arrange eviction through County Court Bailiffs. In some cases, it is faster and more effective to transfer the order to the High Court and instruct a High Court Enforcement Officer (HCEO) to carry out the eviction.

It is illegal to evict a tenant without a Possession Order. Even small procedural mistakes can prevent a court order from being granted, so it is essential to follow the correct process from the outset.

Squatters are people who stay in a property without permission. They are also called trespassers.

To remove squatters from your property, you need to obtain a possession order from the court. This can take around six weeks. However, you can apply for an interim possession order (IPO) in the meantime to speed up the process. Once squatters have received an IPO, they have 24 hours to vacate your property; otherwise, they can face imprisonment.

You may have heard of ‘squatters’ rights’. When someone has occupied somebody else’s property for at least 10 years, they can apply to become the registered owner.

If the property owner does not respond to the application within 65 days, the Land Registry will register the squatter as the legal owner. If you receive notice of an adverse possession claim, it is vital to obtain expert legal advice immediately.

A well drafted lease in which both parties clearly understand their legal obligations is the best way to prevent disputes from arising. Unfortunately, disputes do occur from time to time despite everybody’s best efforts. This can include service charge disputes, rent arrears, how the property is managed and a range of other matters.

If you are involved in a dispute with your tenant, our landlord solicitors can support you to resolve matters between yourselves through mediation in the first instance. This is the fastest and most cost-effective way of settling the issue.

If an agreement is not reached, we will help you settle your dispute through a First-tier Tribunal (Property Chamber). The tribunal will listen to you and your tenant before deciding the final outcome. The party who loses the tribunal may be liable to pay for the other party’s legal costs.

When a dispute occurs, it is critical to seek expert legal advice early on. Failing to act quickly can prejudice your case, particularly if the tenant is in disrepair. Our solicitors will examine your lease carefully to advise you on the best way forward.

Dilapidations are the costs of returning a property to the condition it was in before it was rented to the tenant.

It is important that both you and your tenant get legal advice so you fully understand your maintenance and repair obligations. If your tenant does not fulfil their obligations, you can make a dilapidations claim.

As part of the claim, you can charge the tenant for lost rent whilst the repairs are carried out and all professional fees incurred (such as the surveyor’s fee).

Our solicitors can advise you about a dilapidations claim, helping to bring matters to a swift and satisfactory resolution.