Common tenant disputes & 9 ways to resolve them

For the most part, landlords leave tenants alone to live peacefully their property but there are times when matters arise and not everyone sees eye-to-eye. If a disputes arise, resolving it quickly is the best course of action. Here is LandlordBuyer’s advice.

Common tenant/landlord disputes include:

• Maintenance issues: tenants often raise complaints about condensation, damp and mould, pest infestations, the standard of decoration, water damage and problems with communal areas.
• Broken or not working: repair issues frequently include a broken central heating boiler, radiators that don’t get warm or that leak, faulty appliances, blocked WCs and showers, damage in gardens and windows that won’t shut or open.
• Pets: tenants can often fall out with their landlord if they are refused the right to keep a pet but a bigger issue can develop if a pet is discovered during the tenancy if permission was refused. The matter can be exacerbated if there is pet damage on check out.
• Rent matters: this can manifest as a tenant refusing to pay an increased rent, withholding rent and rent arrears.
• Deposit disputes: many landlords and letting agents say tenancies run smoothly until it comes to check out. Frequently, the tenant will dispute deposit deductions and matters can be hard to resolve, especially in the absence of a check in report or inventory.
• Anti-social/nuisance/illegal behaviour: disputes can arise if the tenant feels their behaviour is reasonable but the landlord – or neighbours – feel it isn’t. Dogs barking, late-night parties, dumped rubbish and drug use can all be attributed to nuisance tenants.

9 ways resolve common tenant disputes

Before a landlord takes any action, they should examine the tenancy agreement to establish who is responsible for any issues or whether any prohibitive clauses are relevant. It’s also vital to have an inspection, check in, check out and inventory reports to hand. This will ensure the landlord has firm grounds to make their case.

1. Open a conversation with the tenant: the first step should always involve speaking directly with the tenant, or the letting agent stepping in on the landlord’s behalf. Compassion and diplomacy may be required, and it’s important not to discriminate if the tenant has protected characteristics. If an amicable solution is found, it should be put in writing, outlining what action will be taken, who is responsible for what and when any action should be taken by. Likewise, a written warning on the matter of conduct and behaviour should be sent to the tenant, outlining what will happen if it continues.
2. Refer the tenant to a redress scheme: if the landlord has delegated the buy-to-let’s manage to a letting agent and the issue is with a poor level of service provided by them, a landlord can ask the tenant to take their issue up with the Property Redress Scheme or The Property Ombudsman, whichever body the agent belongs to.
3. Use the deposit protection scheme’s resolution service: deposit disputes can be taken up with the Government-approved deposit protection scheme that was used, which will either be MyDeposits, the Tenancy Deposit Scheme or the Deposit Protection Service. All three offer a resolution service where the parties involved can’t agree on deposit deductions.
4. Request the tenant seeks professional advice: many issues can be resolved if the tenant has some professional advice about money matters, behaviour and responsibilities. Advisory bodies, including MoneyHelper, Shelter and Citizens Advice, are recommended by the Government.
5. Use a mediation service: if the dispute is unresolved, a third-party mediation service will provide an objective view and suggest solutions. The NRLA and the Property Redress Scheme are just two organisations that offer a landlord-tenant mediation service.
6. Take the tenant to court: if the dispute involves non-payment of rent, you may like to try one of our 9 strategies for managing late rent payments, which include repayment plans and guarantor fallbacks. If arrears are building, however, a landlord can take the tenant to court to recover unpaid (or withheld) rent. An alternative is to serve a statutory demand on the tenant, which may result in bankruptcy or insolvency proceedings.
7. Open a case with a solicitor: many law firms offer a dispute resolution service. This method carries the advantage of having a team that understands legal rights and responsibilities, and is familiar with lettings compliance and the documentation involved. A solicitor can also represent a landlord at arbitration, adjudication, mediation, in court and at a tribunal.
8. Take the matter to a tribunal: landlords can apply to the First-Tier Tribunal (Property Chamber - Residential Property) if the tenant is disputing a rent raise that they believe is fair and in line with market rents. A tribunal may also be suitable if the tenant is challenging a rent repayment order or if the dispute involves repairs.
9. Contact the police or local authority: any conduct that is deemed illegal or nuisance can be reported to the local authority and/or the police for them to follow up and take action. Reporting such incidents can help if the landlord intends to serve a Section 8 notice.

What to do if there’s no resolution

If the dispute is rumbling on with no end in sight, there are two options

1. Serve an eviction notice: until the Renters’ Rights Bill passes into law, landlords can choose to terminate the tenancy and regain possession by serving either a Section 21 or Section 8 notice.
2. Sell the property: selling a property with tenants is possible if you sell to Landlord Buyer. We make cash offers for properties even where there is an ongoing tenant dispute. A fast cash property sale will immediately relieve you of the dispute, so why not request a valuation now?

If you’d like to talk through your tenant dispute options in more detail, contact LandlordBuyer today.

« Older item Back Newer item »