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Are you a Tenant in dispute with your Landlord?

Oct 15, 2015

A rented flat or house is your home, but at the same time it remains someone else's property. In the majority of cases this isn't a problem, but if one party doesn't respect the rights of the other or expects too much from them then this can swiftly escalate into a legal dispute.

 As a tenant, you have the right to live in a safe and well-maintained environment and not to be overcharged, either in terms of rent or service fees. You also shouldn't be subject to visits from your landlord or other parties sent on their behalf without receiving the required notice. You should have a legal tenancy agreement that sets out the conditions of your tenancy, by which both you and your landlord should abide.

 

Tenancy deposits

Most disputes between landlord and tenant involve tenancy deposits. Usually, landlords take a monetary deposit from a tenant to protect them against damage to the property, unpaid rent or bills, and other costly breaches of the tenancy agreement.

However, even though it is held by the landlord, the deposit remains the legal property of the tenant throughout. The landlord shouldn't use it to pay for their expenses or outgoings, and provided the tenancy agreement has been honoured it should be returned to the tenant when they leave.

Tenancy deposits for assured shorthold tenancies in England and Wales must be protected by an authorised tenancy deposit scheme. If you've broken the terms of the agreement, the landlord has the right to deduct an appropriate amount from the deposit before returning it. If you think they've taken too much you have the right to dispute it. The procedure depends on the type of protection scheme you're enrolled in. Good professional advice can help to resolve the legal issues of tenancy as quickly and easily as possible.


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