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Landlord & Tenant (lease) Dispute

Related Services

Commercial Property
Commercial landlord & tenant advice
Property & Lease Disputes
Adverse Possession
Co-ownership Disputes
Conveyancing Remedies
Disputes with neighbours
Easements & covenants
Japanese Knotweed

Warners Solicitors advise both landlords and tenants on a wide range of residential and commercial landlord and tenant lease disputes. These matters often involve strict statutory requirements and technical procedural rules, where early specialist advice can be critical.

Our experienced landlord and tenant solicitors in Kent provide clear, practical guidance aimed at resolving disputes efficiently, while protecting your legal and commercial position.

Residential Landlord & Tenant Possession Actions

When the relationship between a landlord and tenant has irretrievably broken down, this is often due to the tenant being in arrears with rent. In these circumstances, a landlord may be entitled to take steps to recover possession of the property. However, what many assume to be a straightforward process is frequently complicated by strict legal requirements.

Legislation imposes detailed rules governing the form, service and timing of possession notices. Errors in drafting or service are common and can result in possession claims being dismissed at court on technical grounds. Extreme care is therefore required to ensure compliance and avoid costly delays.

Our lease dispute solicitors regularly advise on possession actions and guide landlords through the process from the outset to reduce risk.

Commercial landlord and tenant possession actions

Our expert tenant and landlord dispute lawyers deal with all aspects of commercial landlord and tenant possession actions. This includes forfeiture claims and the service of notices and counter-notices relating to applications for lease renewal under the Landlord and Tenant Act.

Forfeiture remains a remedy available to commercial landlords where a tenant has failed to pay rent or has breached other lease covenants. In certain circumstances, court proceedings are not required and the landlord may be able to re-enter the property peaceably.

We can instruct specialist certified bailiffs to carry out forfeiture without court proceedings. However, this route requires great care, as unlawful forfeiture can expose a landlord to a claim for damages. Our solicitors will advise on whether forfeiture is appropriate and how best to proceed.

Dilapidations

The term dilapidation refers to breaches of lease covenants relating to the condition of a property and the process of remedying those breaches.

When pursuing or defending a dilapidation claim, it is essential to comply with the relevant Pre-Action Protocol under the Civil Procedure Rules. The protocol is designed to encourage sensible compromise and avoid unnecessary litigation. Failure to comply can have serious consequences, particularly in relation to costs.

Our solicitors assist clients at all stages of dilapidation disputes, including strategy, compliance with the protocol and negotiation.

Service charges

Service charges are payments made by leaseholders to cover their share of the costs of maintaining a building. These typically include repairs to shared areas and external parts of the building, such as roofs, pipes and drains.

The law governing a landlord’s (and managing agent’s) duty to consult tenants on service charges is complex and highly prescriptive. Failure to consult correctly may result in service charges being wholly or partly irrecoverable.

If you are a landlord or tenant with concerns about residential or commercial service charges, our solicitors can advise both before costs are incurred and where charges are already in dispute.

How Our Landlord and Tenant Solicitors Can Help:

Our approach is practical, proportionate and focused on achieving the best outcome for you. Where appropriate, we aim to resolve disputes without the need for costly court proceedings.
We can:

  • Seek resolution through negotiation and mediation where possible
  • Advise on the appropriate course of action for forfeiture and rent arrears recovery
  • Ensure notices are correctly drafted and served within strict timeframes
  • Advise landlords on the proper handling of tenant deposits
  • Assist with all aspects of bringing or defending dilapidations claims
  • Use established industry contacts where expert evidence is required

Speak to a Tenancy Solicitor

If you are involved in a lease dispute or landlord and tenant issue, early advice from an experienced solicitor for tenancy disputes can help avoid unnecessary risk and expense.

Contact Warners Solicitors to discuss your situation in confidence.

 

Frequently Ask Questions about Landlord and Tenant Lease Disputes

When should I contact a tenancy solicitor?

As soon as a dispute arises. Early advice can help prevent procedural errors and strengthen your position.

Do you act for both landlords and tenants?

Yes. Our tenant and landlord dispute lawyers advise both landlords and tenants in residential and commercial disputes.

Can possession claims fail on technical grounds?

Yes. Errors in notice drafting or service are common and can result in claims being dismissed. Specialist advice is essential.

Do service charge disputes require legal advice?

Service charge law is complex. Failure to comply with consultation requirements can make charges irrecoverable.

Where are your landlord and tenant solicitors based?

We are based in Kent and advise clients in Sevenoaks, Tonbridge and the surrounding areas.

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Meet the team

Justine Soutter

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TONBRIDGE
Bank House, Bank Street, Tonbridge, TN9 1BL
01732 770660
Sevenoaks
16 South Park, Sevenoaks, TN13 1AN
01732 747900

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