It is important for landlords and tenants to maintain a positive relationship. From time to time, however, disputes arise. Recently, BSG Solicitors acted on behalf of a tenant who was involved in a serious dispute with his landlord regarding repairs, alterations to the property and payment of rent.
Rather than seeking to resolve the dispute amicably with the tenant, the landlord decided to serve what is commonly known as a Section 21 notice and commenced Court proceedings for possession of the property. BSG Solicitors were instructed by the tenant to defend the claim for possession. After carefully considering the tenancy agreement and other relevant documents, we identified that the notice that had been served by the landlord was invalid as the landlord had failed to comply with the initial requirements regarding the protection of the deposit paid by the tenant as set out in Section 213 Housing Act 2004.
The claim was defended robustly on the tenant’s behalf and the landlord’s Solicitors discontinued the claim for possession. In addition, we were able to reach an agreement that the landlord would pay the tenant’s legal costs.
We also act regularly on behalf of landlords who are granting tenancies or seeking possession of their property where they are facing difficulties with tenants and can usually do so based on a fixed fee, agreed at the start of the matter.
It is inevitable that during these difficult times disputes will arise between landlords and tenants. It is important to discuss matters first and attempt to resolve disagreements when they arise, however this is not always possible and legal proceedings may be necessary.
If you are a tenant or a landlord and you require legal assistance, please do not hesitate to contact our litigation department on 01772 253841.
