A tenancy agreement is a legal document which outlines the rights and obligations of both landlord and tenant when renting a property. It will cover everything from rent payments to property maintenance.
When one of the parties does not uphold their end of the agreement, this can lead to legal action being taken. In the most extreme cases, prosecution can be brought against landlords, and tenants may face eviction.
In this guide, we will cover the definition of ‘breach of tenancy’, the action that landlords and tenants can take if they suspect the other party has breached their tenancy agreement, the different stages of escalation, and what happens if a case does go to court.
At Eric Robinson Solicitors, we understand that conflict regarding your home or property can be extremely stressful. If you need advice from a qualified legal expert in tenancy agreements, book a Dispute Advice Hour. In this time one of our experienced dispute solicitors will provide clear, confidential guidance to help you navigate your tenancy issue effectively and plan your next steps.
Key Areas
What is a breach of Tenancy Agreement?
A breach of tenancy agreement occurs when one of the parties fails to uphold their legal obligations as outlined in the tenancy agreement that they both signed. Tenancy agreements are designed to protect the rights of both parties during the tenancy.
While you often hear of tenants being in breach of tenancy agreements more than landlords, it is just as possible for a landlord to fail in their obligations. For tenants, breaches may include failure to pay rent or damaging the property, and for landlords, it may be unlawful entry to the property or failing to carry out repairs.
What was the impact of the Housing Act (1988) on Tenancy Agreements?
The Housing Act (1988) introduced two types of tenancy agreement:
- Assured Tenancy Agreements: More common in the social housing sector, these provide enhanced security of tenure.
- Assured Shorthold Tenancy Agreements: These are now the most common, particularly in the private sector. The Act created this option for landlords which means re-possession of their properties is much easier because these tenancies operate on a fixed-term basis (often 12 months).
It also established the grounds for re-possession outside of the fixed term contract such as antisocial behaviour and rent arrears and the procedure they would need to go through to achieve an eviction. This, and the elimination of rent controls, greatly enhanced the power of landlords.
It is, however, important to note that the Housing Act (1988) dictated that landlords have a responsibility to provide safe and habitable accommodation to tenants and are responsible for maintaining the property. This provides tenants with power to accuse their landlords of being in breach of their tenancy agreement because of things like failure to maintain the property or address tenants’ concerns.
In summary, the Housing Act of 1988 greatly increased the power of landlords, and outlined the procedure for landlords to undertake when a tenant is in breach of their contract. This procedure, known as the ‘Section 8 Route’ is still in place. It did not, however, provide any route for tenants to legally accuse their landlord of being in breach of contract, but provided the grounds on which to build a case.
What to do if a tenant breaches the agreement
There are many ways a tenant may breach a tenancy agreement, some common ones include:
- Persistent, late or missing rent payments
- Significant unreasonable damage to the property
- Subletting without permission
- Keeping a pet when the agreement prohibits it
- Antisocial behaviour
If you are a landlord dealing with any of these issues and you wish to take action, there is a lawful process you must follow. It is advisable to begin with informal methods like communicating with the tenant over email or by writing a letter to attempt to resolve the issue.
In cases of serious or repeated breaches, landlords have stronger grounds to begin eviction proceedings. However, you must still follow due process to avoid the risk of an unlawful eviction claim.
It is at this point that employing a qualified dispute resolution solicitor is crucial to ensure the breach of tenancy agreement is dealt with in a swift and appropriate manner whilst ensuring you are legally protected.
Book a dispute Advice Hour with us today and let us help you to plan your next steps.
Legal action against tenants: serving a section notice
There are two types of section notice which serve different purposes.
Section 21 Notice
This is a more standard notice used to notify a tenant of the landlord’s wish to regain possession of the property after the end of a fixed term tenancy or rolling periodic tenancy. It can only be used in the case of Assured Shorthold Tenancies. No reason for eviction is required, but the landlord must give 2 months’ notice and must have complied with deposit protection.
Section 8 Notice
This is the type of notice which can be used when a breach of a tenancy agreement has taken place, and you wish to regain possession of the property before the end of the tenancy. You must supply a reason for the notice using the grounds included in the Housing Act (1988) such as rent arrears, damage to the property, or anti-social behaviour.
The notice usually gives the tenants two weeks to leave the property. If they do not comply then you can apply for a court possession order.
What to do if a landlord breaches the agreement
Some common ways that a landlord may breach a tenancy agreement include:
- Failure to carry out essential repairs
- Entering the property without permission
- Harassment or intimidation
- Unlawful eviction attempts
- Not protecting the tenant’s deposit correctly
If you are a tenant and your landlord has breached your tenancy agreement, there is action that you can take. Start by keeping a detailed record of each breach of the agreement, for example you should document all communications. The next step is to attempt to resolve the issue through informal methods such as writing to the landlord formally asking them to resolve the issue.
Your next steps should include notifying the authorities such as your local council if you are facing serious health and safety concerns or an unlawful eviction, and employing a tenant eviction solicitor to defend your position.
At Eric Robinson Solicitors, we understand how stressful disputes which affect your living situation can be, and the urgency of cases like this. We have years of experience dealing with landlords who engage in unlawful and harmful practices. Book a dispute Advice Hour today so that one of our friendly and knowledgeable solicitors can examine your case and help you move forward.
Legal action against landlords
There is not an equivalent to Section 8 and 21 notices that tenants can use against landlords, but there are other legal pathways that can be taken when a landlord is in breach of a tenancy agreement.
- Housing Health and Safety Ratings (HHSRS): You can ask the local council to inspect the property if it is unsafe or badly maintained.
- Injunctions: You can apply to the court for an injunction to prevent the landlord from being able to harass you or enter the property unlawfully.
- Compensation: You can apply to the courts for compensation for incidents where the landlord’s contract breach causes you emotional or financial harm.
- Deposit scheme enforcement: If your deposit wasn’t protected properly, or you haven’t been given your deposit back at the end of your tenancy without just cause, you can claim compensation.
- Complaints: You can make a civil complaint to The Property Ombudsman or other bodies depending on how the landlord is registered.
Do you need to go to court?
Court action can be time consuming and costly. In both the case of a landlord or tenant breaching the tenancy agreement, it is advisable to attempt informal resolution methods first. For support with this, some may opt for mediation, a form of Alternative Dispute Resolution that we at Eric Robinson Solicitors also provide.
However, sometimes if other methods fail, for example a tenant refusing to comply with a Section 8 notice or a landlord continuing illegal behaviour after warnings, then court action may be necessary.
If you haven’t already, now is the time to employ a solicitor if you are considering taking court action. They will assess and build your case, guide you through the process, and possibly defend you in court. Contact Eric Robinson Solicitors today to see how we can support you.
Conclusion
Whether you’re a landlord or tenant, understanding your rights and responsibilities under a tenancy agreement is critical. Breaches can happen on both sides but with the right approach and legal guidance, many disputes can be resolved before reaching court.
For landlords, knowing how to serve the correct notice is essential. For tenants, recognising when your landlord is in breach and knowing the legal protections and resources available to you gives you the power to act.
Need support dealing with a tenancy breach? Contact our experienced dispute solicitors at Eric Robinson Solicitors. Our specialist team can advise you on your best course of action. Book a Dispute Advice Hour now for practical, affordable and clear legal guidance.
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