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Using a landlord and tenant lawyer

 

Landlord and tenant lawyers are very useful when it comes to advising either party on disputes or preventing future disputes. They should be proficient in all areas of land law including such as the terms of a tenancy agreement, disrepair and possession proceedings. 
 

The lease

A lease or tenancy agreement usually governs the relationship between the parties and in addition to the lease and/or tenancy agreement there are numerous statutory obligations which are imposed on both landlords and tenants, regardless of whether it’s a commercial or residential property. Residential properties benefit from legislation such as:
 
  • The Housing Act 1988
  • The Family Law Act 1996
  • The Landlord and Tenant Act 1985
  • The Protection from Eviction Act 1977

Information for tenants

If you are a tenant, a lawyer is a crucial person to gain advice from on any landlord and tenant issues or enquiries you might have. Many tenants are often unsure about what rights they have and even with a formal written tenancy agreement it is still unclear. 
 
If you have an enquiry on your tenancy or an issue with your landlord a lawyer will be able to review your tenancy agreement and explain what rights and options you have under the law. 
 
Often with issues of landlord and tenant the correct legal procedure must be followed and without the proper legal advice you may find that you have not adhered to the correct process and this is something that may cost you dearly. If you have a tenancy matter you would like to resolve then we can put you through to an experienced landlord and tenant lawyer who can answer any questions you have.
 
Under the law there are certain terms, known as implied terms, which apply to a tenancy agreement even if they are not expressly stated in a tenancy agreement itself. Examples of these implied terms include, but are not limited to: 
 
  • The right to live in the property undisturbed from the landlord
  • The right to have the landlord carry out basis repairs on the property
  • The right to have the landlord keep in the installation and supply of electricity, water, heating of water and gas in good repair
In return a tenant has the obligation to take proper care of the property. In addition, a tenant has the right to request in writing for information regarding:
 
  • A start date of the tenancy;
  • Amount of rent to be paid and a due date;
  • The length if it’s a fixed term rent, and; 
  • How and when the rent may be changed
If requested in writing then a landlord has the obligation to provide the information within 28 days of the request. A tenant lawyer will be able to advise you on all of these different aspects, and more.
 

Using a lawyer

Commercial landlord and tenant lawyers have to deal with a wider variety of claims than those practising residential law, and therefore have to be knowledgeable on a wider variety of statutes and common law. 
 
It is the duty of a landlord and tenant lawyer to advise on such matters and inform their clients when they can ‘opt out’ of certain legislation. This is just one example and there are many others in landlord and tenant law.
 
For more information on solving disputes, see our page on landlord tenant disputes.
 
Are you in dispute with your landlord and are unsure of your legal obligations?  Caven can put you in touch with a specialist landlord and tenant lawyer who can help negotiate a fair result. Please call us on 0808 129 5759 or complete the web-form above.
 
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