Breach of Tenancy Agreement Solicitors in London
Has a tenant breached the terms of their tenancy agreement in a property you own or manage? It is important to react in the right way to make sure you can enforce your rights, while avoiding the risk of any legal issues.
At OTS Solicitors, our specialist breach of tenancy agreement solicitors in London can support landlords and their agents across England and Wales with all issues related to breach of tenancy agreement by a tenant. We can help you to take swift action to deal appropriately with the issue while maintaining full legal compliance with all relevant laws.
For a detailed discussion regarding tenancy breaches or to book an appointment with one of our experts in tenant eviction for landlords, please call us now on 0203 959 9123.
Our team can assist with all issues related to breach of tenancy agreement by a tenant, including:
- Advice on whether a breach has occurred
- Giving tenants notice of breach of tenancy agreement
- Seeking damages for breach of tenancy agreement
- Evicting tenants for breach of tenancy agreement (Section 8 Notices)
- Resolving disputes over whether a tenancy contract was breached
Speak to our breach of tenancy agreement solicitors today
We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
To speak to our breach of tenancy agreement solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.
Our services for landlords dealing with tenancy breaches
Advice on whether a breach has occurred
When you suspect that a tenant has breached their tenancy agreement then, before doing anything, it is sensible to seek expert legal advice. This can give you a clear idea of whether a breach has occurred and, if so, what steps you can take.
Our experts will be happy to advise you, including by reviewing the terms of a tenancy agreement and the circumstances that you believe constitute a breach. We can then help you to take action, giving you confidence that you are acting appropriately and within the law.
Giving tenants notice of breach of tenancy agreement
If a tenant has breached the terms of their tenancy agreement, then you will normally need to give them notice of the breach. This should be done in writing, setting out what has happened, the relevant terms of the tenancy agreement that have been breached and the action you will be taking to resolve the situation.
Our team can assist with drafting the relevant notice and deal with any follow-up correspondence. This can help to ensure the matter is dealt with promptly and correctly, giving you the best chance of a positive outcome.
Seeking damages for breach of tenancy agreement
Where a tenant has breached their tenancy agreement in a way that has caused a landlord financial losses, then the landlord may be able to take action to have those losses reimbursed by the tenant. For example, if the tenant has caused serious damage to the property and their deposit is not sufficient to cover the damage.
Our team can advise landlords on their right to seek compensation for any losses caused by a tenant. In many cases, it is possible to negotiate payment with a tenant, but in other situations, court proceedings may be required.
Evicting tenants for breach of tenancy agreement (Section 8 Notices)
If you wish to a evict a tenant for breach of tenancy agreement, then there is a defined legal process for doing so. You would first need to serve a Section 8 Notice on the tenant, setting out the reason for the eviction and the date by which they are required to vacate the property.
If the tenant does not leave the property as required by a Section 8 Notice, then you can take further steps, including applying to a court for enforcement action.
Our team can advise you on whether you have grounds to evict a tenant, then support you through the entire process. This can boost your chances of a swift, straightforward eviction while protecting you against any legal risk.
Resolving disputes over whether a tenancy contract was breached
Should a tenant dispute that a breach has occurred, we will be happy to support you with resolving the matter. Where possible, we will negotiate with the tenant to agree a mutually acceptable resolution, but if this is not possible, then we can assist you with any court proceedings that are required.
Tenants breaching tenancy agreements explained
What is a breach of a tenancy agreement?
A breach of a tenancy agreement is where a tenant (or the landlord) fails to comply with one or more terms set out in the tenancy agreement. As such, exactly what will constitute a breach will depend on the terms of the agreement.
Common issues that would likely be a breach of a tenancy agreement include:
- Repeated failure to pay rent on time
- Allowing people to live at the property who are not included in the tenancy agreement
- Causing damage to the property
- Anti-social behaviour
If you believe a tenant has breached the terms of their tenancy agreement, then you should seek specialist legal advice. If you act in the wrong way or are incorrect about there being a breach, then you could potentially be accused of landlord harassment or other offences. This could result in both civil and criminal legal proceedings against you.
What happens if a tenant breaches a tenancy agreement?
If a tenant breaches their tenancy agreement, then there are various actions a landlord can potentially take.
In the first instance, you would normally need to contact the tenant to attempt to resolve the issue amicably. Depending on the issue, you may have the right to seek compensation from the tenant.
For more serious issues or where an amicable agreement cannot be reached, then you may have the right to evict the tenant. This can be done using a Section 8 Notice. However, it is vitally important that you follow the correct process for doing so or you could potentially face accusations of illegal eviction, which can have very serious consequences.
Can a tenant be evicted for breach of tenancy?
Yes, a tenant can potentially be evicted for breach of tenancy with a Section 8 Notice (as covered above). Whether this applies to your situation will depend on the circumstances, so you should seek specialist legal advice before going down this route.
What invalidates a tenancy agreement?
A tenancy agreement might potentially be considered invalid if it specifies that either the landlord or the tenant have fewer rights than those to which they are entitled under the law. An agreement could also be considered invalid if it contains any terms that would unfairly disadvantage either the landlord or tenant.
Knowing whether a tenancy agreement is valid or not can be very complicated, so you should always seek legal advice on this. If you wish to have a tenancy agreement declared invalid, you may need to apply to a court to determine this.
Our fees for dealing with breach of lease by a tenant
The cost of legal support to deal with tenancy breaches can sometimes be cause for concern, but we believe our team offers excellent value for money due to the quality of results we consistently achieve.
We will be happy to discuss our fees with you during your initial consultation, so you know exactly what to expect. For straightforward matters, we can often act on a fixed fee basis, giving certainty over costs. Where ongoing support is needed, we will agree an hourly rate and make sure you are aware in advance of any billable work to be carried out.
Speak to our breach of tenancy agreement solicitors today
We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
To speak to our breach of tenancy agreement solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.
Your Questions and our answers about Breach of Tenancy Agreement
Thank you for your enquiry.
You should always check with your local authority directly on the requirements for an HMO Licence. Based on the information provided, you may need to obtain one and there can be penalties for applying for this retrospectively. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here
Thank you for your enquiry.
You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these issues within a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. Unless you come to a neogotiation, the contractual clauses will persevere and you should check the ‘notice’ section of the agreement. For more information, please contact us on 02039599123 or click here
Thank you for your enquiry.
The claimant should have sent you a pre-action letter before action prior to proceeding straight to a claim. This is a part of the protocol for these disputes and would have given you the chance to respond and come to a settlement. I would suggest you get in touch to discuss this in further detail. For more information, please call 02039599123 or click here
Thank you for your enquiry.
Unless there is a specific clause in your agreement that either party is protected against future claims, your landlord cannot force you to sign this document. You may wish to raise a dispute with the Tenancy Deposit Scheme first and if this unsuccessful, please get in touch for an initial meeting. For more information, please call 02039599123 or click here
Thank you for your enquiry.
There are laws covering deposit protection and HMO requirements for tenancies and it appears that a number of these may have been breached by the landlord of the property. There are specific actions you may be able to take however we would need to have sight of the Tenancy Agreement and other documentation to determine the merits of any claim. For more information, please call 02039599123 or click here
Thank you for your enquiry.
You may be able to issue possession proceedings depending on the validity and expiry date of the Section 21 Notice. We would need to assess the merits and have sight of your documentation and statements to determine which course of action to take. For more information, please call 02039599123 or click here
Thank you for your enquiry.
You may wish to enter into negotiations with the agents or landlord to secure an early surrender and to minimise rent liability for the remainder of the contract. There are options available that you may be able to apply to strengthen your negotiating position and we suggest you contact the firm in order to discuss the merits. Please call 02039599123 or click here
Thank you for your enquiry.
You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these with a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. For more information, please contact us on 02039599123 or click here
Thank you for your enquiry. If these disrepair issues have not been addressed since the time of reporting two years ago then you may have a valid claim under implied disrepair legislation. Repairs must be addressed within a ‘reasonable period’. For more information please call us on 02039 599123 or contact us here.
Thank you for your enquiry.
Your landlord should give you a minimum of 24 hours notice before turning up at your property and should always seek your permission first irrespective of what is contained in your tenancy agreement. Continuous breaches may amount to a form of harassment.
You can call us on 02039 599123 or contact us here.
Thank you for your enquiry.
This would depend on the circumstances of your tenancy agreement and whether you are a tenant or licensee. Usually notices need to be served on a prescribed form such as section 8 or section 21 for the to be valid notices.
For more information, you can call us on 02039 599123 or contact us here.
Thank you for your enquiry.
You may be in a position to challenge the rent increase and your landlord may then be required to submit a section 13 notice. You should however note that your landlord may take steps to evict you if you do not agree to the increase.
For more detailed information, you can call us on 02039 599123 or contact us here.