Experienced property litigation solicitors
Knowledge, understanding and empathy. These attributes are what make our property litigation solicitors some of the best. We always put our clients first and are determined to arrive at an outcome that best suits them.
How can we help you?
What is property litigation?
Property litigation is an area of law involving property in some way. We're normally referring to landlord and tenant disputes when we talk about property litigation, however it also includes a variety of other issues such as residential, commercial, and agricultural property.
Property litigation and property dispute are often used interchangeably, but these terms refer to different processes. PM Law are able to litigate, meaning we can help resolve disputes through the courts, but we can also help resolve disputes through other methods.
Types of property dispute
Our property litigation & dispute solicitors have experience with many different issues. Here are some examples of the types of property dispute we can help with:
- Landlord and tenant disputes
- Boundary disputes
- Property transfer disputes
- Planning permission disputes
How do we support landlords?
The main way we help landlords is in the unfortunate case of evictions. We understand that it's sometimes necessary for a landlord to evict tenants in order to obtain possession of their property. However, it's important that landlords adhere to their obligations and follow the correct legal process, in order to effectively obtain possession of the property.
Such legal action can often be complex and it is therefore important that you obtain legal advice as soon as possible if you're considering evicting a tenant. We can offer assistance with obtaining possession of a property, rent arrears and breaches of tenancy agreements.
Understanding the responsibilities of a landlord
You have various important responsibilities when you become a landlord. Landlords are responsible for the following:
- Keeping the property in a state that's fit for habitation
- Making necessary repairs to the property
- Maintaining the safety of gas and electrical appliances in the property
- Ensuring fire safety of furniture and furnishings
- Maintenance of any common areas
The landlord is entitled to reasonable access to the property in order to carry out maintenance so they can adhered to their responsibilities.
Property Litigation FAQs
Didn’t find the answers you were looking for? Look at the FAQs below for more information on our property litigation process.
All tenancy deposits on Assured Shorthold Tenancies from April 2007 have to be protected in a government authorised protection scheme. The landlord should provide a Deposit Protection Certificate (DPC) to the Tenant within 30 days.
In England deposits can be registered with the following; Deposit Protection Service, MyDeposits, Tenancy Deposit Scheme.
If a deposit is not protected it will be difficult for the landlord to evict the tenants and the landlord can be ordered by the Court to pay up to three times the amount of the deposit.
The deposit schemes provide an arbitration service, if there is a disagreement about the return of the deposit.
Under the Landlord and Tenant Act 1985 states that tenants should ‘Make good any damage to the property caused by the behaviour or negligence of the tenant, members of his/her household or any other person lawfully visiting or living in the property’.
It is useful to take an inventory of the property before any tenants move in, to detail the contents and condition of the property. If the tenants then damage the property then they should pay for the repairs or replacement as required. Should the tenants fail to meet the cost of the damage, then this can be taken from the deposit at the end of the tenancy.
General wear and tear should however be accounted for. Examples of wear and tear would be, painting and decorating, some scratches and marks on often used areas.
Whether your landlord can increase the rent, will depend on what tenancy you have. There are certain rules and notice periods your landlord will have to provide, depending on if you have an Assured Shorthold Tenancy, are within a fixed term or if there is a rent review clause.
You should try and reach an agreement with your landlord and if this is not possible, you can refer the matter to the Property Tribunal for a decision.
Depending on the circumstances, the tenants should firstly be contacted to advise of the situation and why you wish for them to leave the property. If communicating with the tenants does not resolve the issue, then an appropriate form or notice should be served on the tenants.
Legal advice should be taken as soon as possible to assist with ensuring the correct notice is served and if necessary, commence possession proceedings in the County Court.