Since 1980 we have been defending claims brought by tenants against social housing providers both in the County Court for breach of tenancy Under Section 11 of the Landlord and Tenant Act 1985, and in the
We can advise on compliance with the protocol, drafting a Defence to best secure the landlord's position, advising at an early stage on liability with a view to negotiating an early settlement saving on both damages and costs where appropriate.
We can advise on all matters relating to Liability and Quantum, including:
- Claims brought by tenants
- Damages sought for injury to tenant's family
- Claims brought by tolerated trespassers
- Applications to revive tenancies
- Full advice on liability under the terms of the tenancy agreement and statute
- If liable - early advice on amount of damages likely to be awarded by the court
- Advice on early settlement orders and cost consequences
- Tenant failing to provide access despite court proceedings for repairs
- Tenant refusing to move out but works cannot be carried out whilst remains in occupation
FAQs
Q. One of our occupiers has breached a suspended possession order and is now bringing a claim for disrepair claiming breach of tenancy agreement and statutory duty. Can he do this?
A. This is a yes and no answer and advice is required on particular facts of each case. Following breach of the suspended order the tenancy is "lost" and the occupier who was the tenant becomes a tolerated trespasser. The tolerated trespasser cannot sue for breach of tenancy agreement, and statute will not imply the usual repairing obligations. Can a landlord just reply by saying you are not my tenant and so you can't do that? No. It is more complicated, the occuper can apply to revive the tenancy, the court may consider that the landlord has by their actions granted the occupier a new tenancy or other statutory obligations may appy - which apply to all occupiers whether they are tenants or tolerated trespassers. Early specialist advice is advisable.
Q. I issued proceedings on the basis of rent arrears, and the tenant counterclaimed for disrepair but is now refusing to allow access for the premises to be inspected. What can I do?
A. If negotiations to gain access fail then your last resort will be an application to the Court for an order requiring the tenant to provide access to a named surveyor at a specific date and time. Failure to comply with this order will place the tenant in contempt of court punishable by fine and / or imprisonment. This is expensive so it is important to warn the tenant of your intention to apply - and to seek an order that the tenant pay your costs of the application. Then if you are forced to issue the application you can recover your costs from the tenant. The refusal to grant access will also be taken into account when damages (if any) are assessed.
