At Gibson Young Solicitors, we represent landlord and tenants across a full range of issues, from putting a sound tenancy agreement in place to managing and resolving disputes. We can advise you of your rights and represent you to try and end disagreements early on. Our property law team have an excellent track record of success in finding a resolution without recourse to the courts, which is generally faster and more efficient than litigation.

Where court is unavoidable in a landlord and tenant dispute, we will prepare a strong case on your behalf and ensure that you have expert representation.

Our landlord and tenant services include the following:

• Drawing up tenancy agreements

• Recovery of rent arrears

• Recovery of service charge arrears

• Breaches of the terms of the lease / breaches of covenant

• Property possession proceedings / evicting tenants

• Defending possession proceedings

• Service charge disputes

• Disputes with managing agents

• Disputes over repairs

• Dilapidation claims

• Lease enfranchisement

Contact our SW15 offuce about landlord and tenant disputes.

If you would like to speak to one of our expert landlord and tenant lawyers in SW15, please ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form.

If rent is not paid by a tenant, a landlord has the right to evict a tenant, although it is essential that the correct procedure is followed to avoid breaching the tenant’s rights.

We can try to resolve issues so that eviction is not necessary by contacting the tenant and requesting payment in full. Where payment is not received, the guarantor can be required to pay, if there is one.

If payment is not received, we can complete and serve a Section 8 notice on your behalf advising the tenant that court proceedings will be commenced to recover the outstanding amount. 

If you are a tenant facing eviction proceedings, we can advise you of your rights and represent you in dealing with your landlord to try and find an amicable solution.

A disputed tenancy can be stressful for tenants and time-consuming for landlords. We have wide experience of working with landlords and tenants to resolve issues without undue delay and often without the need for lengthy legal proceedings.

Disputes we can help with include breaches of the terms of a lease, disrepair claims and disagreements over service charges.

Where leaseholders wish to extend their lease or purchase a share of the freehold, known as collective enfranchisement, we can advise on the process and ensure that it is properly documented. The procedure can be lengthy and generally involves negotiation over the price. We can explain the process to you and represent you throughout. For more information in respect of our services, see Collective Enfranchisement.

If this is not successful, you can send a formal written demand detailing the amount owed and advise the tenant that failure to pay could lead to legal action against them. You can follow this up with further reminders after 14 and 21 days.

Where there is a guarantor, you should write to them after 14 days of the rent being due and unpaid and again a week later.

When two months’ rent is outstanding, you can commence eviction proceedings by serving a notice under Section 8 of the Housing Act 1988. Depending on the grounds on which you are requiring possession, you will need to give the tenant either two weeks’ notice or two months’ notice. We can advise you of the correct notice period to give and ensure that the notice is correctly drafted so that there is no risk of it failing and potentially leaving you in breach of the tenancy.

Where the tenant still does not pay, you can ask the court to make an order requiring the tenant to leave and to pay the outstanding money to you, as well as your legal costs. We can deal with the court application on your behalf, ensuring that the correct process is followed.

If you wish to evict a tenant, you can serve a Section 21 notice advising them that you wish to take possession of the property. This can be done at the end of a fixed term tenancy. Where the tenant has a periodic tenancy, a Section 21 notice can be served at any time after the tenant’s first four months in occupation. The tenant is entitled to two months’ notice.

If you wish to evict a tenant, it is important that you have complied with the rules in respect of their tenancy, to include putting their deposit in a government-backed scheme and providing them with certificates in respect of gas safety and energy performance as well as a copy of the government’s How To Rent guide.

Where the tenant does not leave, their tenancy continues and the landlord will need to ask the court to make an order evicting them. The court will only decline to make an order where the Section 21 notice is invalid. 

Service charges should be reasonable and reflect the true cost of repairs to a property. As a leaseholder, you should be given notice of emergency repairs or extraordinary repairs. You should also be consulted before substantial works are commissioned, to include being provided with an estimate of the likely costs.

Where you are not happy with the amount charged, you should request a breakdown of the service charge account. If you wish to raise a formal legal objection, this must be done without delay as there are deadlines in which to start proceedings.

It is always recommended that you attempt to resolves issues by correspondence first, as taking a dispute to a tribunal can be costly and time-consuming. If you ask us to represent you, we can negotiate with your landlord on your behalf to try and find an acceptable solution.

At Gibson Young Solicitors, we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. 

If you would like to speak to an expert landlord and tenant lawyer , ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form. All initial enquiries are free of charge and without any obligation.