Central London 020 7112 8841 | Finchley 020 8446 6223 | Hatfield 01707 830 244
Residential Landlord and Tenant Solicitors
We are very experienced in dealing with residential landlord and tenant law.
We act for both landlords and tenants.
A key area is always obtaining or defending possession proceedings.
Section 21 Notices
In relation to Section 21 Notices (served under section 21 of the Housing Act 1988) – which in theory should be very simple with there being no defence to, the law has become very technical. There are a number of qualifying preconditions which need to be satisfied before reliance can be made upon such Notices.
In fact, there has been a recent case (Caridon Property Ltd v Monty Shooltz) which held that unless a gas certificate is given to the tenant after they move into the property then the Section 21 Notice cannot be relied upon. It is feared that similar reasoning may apply to other qualifying conditions.
Other conditions are the requirement to provide a tenant with a ‘How to Rent’ booklet in the prescribed format before the tenancy starts and there are also other requirements including to provide an Energy Performance (EPC) Certificate.
You can also not use the section 21 procedure if the deposit is not protected in a tenancy deposit scheme or if the property requires an HMO (Houses of Multiple Occupation) licence but does not have one.
Disrepair Retaliatory Provisions
There are also disrepair retaliatory provisions whereby if a local authority serves a remedial or improvement notice then again, a Section 21 Notices cannot be relied upon.
If you cannot rely upon Section 21 Notices all a landlord can do is increase the rent to market levels or rely upon other grounds for possession such as rent arrears, breach of tenancy covenants and also relying upon Ground 1 of the Housing Act 1988 relating to returning owner occupiers – which does require service of a prescribed notice before the tenancy commences.
Other Landlord and Tenant legal issues
Other aspects of residential landlord and tenant which we have experience in dealing with include:
Damages for disrepairs and
Breach of the covenant for quiet enjoyment and/or derogation from grant.
For long leaseholders we have experience with the following:
The right to manage applications – these are very technical, and the regulations are very biased in favour of the freeholder. There will be a liability for costs should applications to the tribunal or any appeals be unsuccessful. Accordingly, it is well worthwhile undertaking this properly and not at a budgeted cost which may be quoted by another legal adviser.
Applications for acquisitions/enfranchisement of a freehold to a block of flats.
Representation concerning service charge disputes
Defending tenants against costs/claims by landlords/landlords’ solicitors. This, unfortunately, has become very common with leases containing contractual provisions for a tenant to pay the landlord’s solicitors costs – generally of fairly large amounts in dealing with lease disputes and/or purported breaches of the lease.
Extension of long residential leases either with or without the use of the statutory procedure. In our experience, it is normal to have to rely upon the statutory procedure in order to secure a reasonable agreement from the landlord concerning the premium to be paid. Applications for lease extensions are extremely technical with various time limits which if not met the application is deemed to be withdrawn. It will then become necessary to start again.
HMO’s and Rent Repayment Orders
We also have a consultant barrister, Julian Hunt who has written a book upon (and who has specialist knowledge of) houses in multiple occupation and rent repayment applications.
Contacting this Firm
We are a very approachable law firm.
We do not charge for initial telephone calls and can arrange a fixed price initial meeting.
We are using cookies to give you the best experience on our website.
You can find out more about which cookies we are using or switch them off in settings.
You can adjust all of your cookie settings by navigating the tabs on the left-hand side.
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
3rd Party Cookies
This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages.
Keeping this cookie enabled helps us to improve our website.
Please enable Strictly Necessary Cookies first so that we can save your preferences!