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Should I use a solicitor in Landlord and Tenant Act matters?

  • Mortgage/Conveyancing
December 31 , 2010

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  • Should I use a solicitor in Landlord and Tenant Act matters?
December 31 , 2010

Should I use a solicitor in Landlord and Tenant Act matters?

The most number of legal proceedings that are issued arise under the Landlord and Tenant Acts in relation to property disputes.  Solicitors are specialists who are able to interpret the various Landlord and Tenant Acts that govern the obligations on both landlords and tenants.

By instructing solicitors in Landlord and Tenant Act matters, the strain of such proceedings is taken away.  The complexity of the Landlord and Tenant Acts means that it more sensible to instruct solicitors who will be able to interpret the law and advise as to whether or not any breach has occurred.  By instructing a solicitor as early as possible, a clear, concise assessment as to the merits of the case can be made and this will allow for a realistic opinion as to the chance of success under the Landlord and Tenant Acts.

A few of the examples of the types of landlord and tenant claims that may be made under the Landlord and Tenant Acts include:-

  • Problem tenants – where the tenant has not paid rent or is acting unreasonably;
  • Where there has been a breach of the tenancy agreement by either the landlord or the tenant;
  • How to end a tenancy;
  • How to evict a tenant during a fixed term tenancy or after it has expired. Under the Landlord and Tenant Acts landlords are not legally allowed to remove tenants themselves from the property tenants. Landlords must not also change any of the locks either.  Any attempt to do so, could result in the tenant bring an action for harassment or unlawful eviction under the Landlord and Tenant Acts
  • An unlawful eviction of the tenant by the landlord.

Landlord and tenant law is a specialist area of law.  It is therefore important that the landlord or tenant to instruct solicitors who will be able to interpret the Landlord and Tenant Acts and advise as to the best solution possible.

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