Landlord & Tenant Disputes.

In England, the Renters' Rights Act 2025 restricts rent increases for assured periodic tenancies — landlords can only increase rent once per year, must use the correct procedure, and the increase must be to market rent. Tenants can challenge proposed increases at the First-tier Tribunal (Property Chamber) free of charge. Landlords cannot use rent increases as a mechanism to pressure tenants to leave — doing so may constitute harassment. In Wales, similar restrictions apply under the Renting Homes (Wales) Act 2016 — contract holders can challenge rent increases at the Residential Property Tribunal. For commercial tenancies, rent review is governed by the lease terms — most commercial leases contain rent review clauses providing for periodic upward-only reviews to open market rent.

The route to resolution depends on the nature of the dispute. Possession claims in England are heard in the county court — through the accelerated possession procedure (now abolished for Section 21 claims) or the standard possession procedure for Section 8 claims. Deposit disputes go to the relevant deposit scheme's adjudication service. Rent increase challenges in England go to the First-tier Tribunal (Property Chamber); in Wales to the Residential Property Tribunal. Disrepair claims and unlawful eviction claims are heard in the county court. Commercial lease disputes — including dilapidations and rent review — are resolved by negotiation, expert determination, or county court or High Court litigation depending on the value. Mediation is increasingly encouraged as a first step in all types of landlord and tenant dispute.

Landlords have a legal obligation to keep the structure and exterior of a property in repair, and to maintain installations for heating, hot water, gas, electricity, and sanitation. In England, the Homes (Fitness for Human Habitation) Act 2018 requires rented homes to be fit for habitation at the start of the tenancy and throughout. In Wales, the Renting Homes (Wales) Act 2016 imposes a fitness for human habitation standard. If a landlord fails to carry out repairs, a tenant can: report the disrepair to the local authority, which has powers to serve improvement notices; withhold rent in limited circumstances after taking legal advice; apply to court for an order requiring repairs; or claim damages for loss suffered as a result of the disrepair. Tenants should report disrepair in writing and keep records of all correspondence.

The sale of a rented property does not automatically end the tenancy. In England, the new owner takes the property subject to the existing tenancy — they step into the shoes of the previous landlord and are bound by the same obligations. The tenant does not need to sign a new tenancy agreement. The new landlord must be registered at HM Land Registry and the tenant informed of the change. In Wales, the same principle applies under the Renting Homes (Wales) Act 2016 — occupation contracts transfer to the new owner on sale. If the new owner wishes to recover possession, they must follow the correct legal process — including the appropriate notice requirements. A sale does not give the new owner any additional rights to terminate a tenancy that did not exist before.

Landlord and tenant disputes arise across a wide range of issues: possession proceedings where a tenant will not leave; rent arrears; disrepair and the landlord's failure to carry out repairs; deposit deductions disputed by the tenant; unlawful eviction or harassment; disputes about rent increases; damage to the property beyond fair wear and tear; breaches of tenancy terms by either party; and service charge disputes in leasehold properties. The legal framework differs significantly depending on whether the tenancy is residential or commercial, and between England and Wales — both jurisdictions have recently introduced major reforms to residential tenancy law. Taking legal advice at an early stage — before a dispute escalates — is almost always cheaper and more effective than pursuing or defending proceedings.

Landlords in England must protect residential tenancy deposits in a government-approved tenancy deposit scheme within 30 days of receipt and provide prescribed information to the tenant. In Wales, equivalent protections apply. At the end of the tenancy, a landlord can only deduct from the deposit amounts that are genuinely owed — for example, unpaid rent, damage beyond fair wear and tear, or cleaning costs where the property was left in a worse condition than at the start. Disputes about deposit deductions can be referred free of charge to the deposit scheme's adjudication service, which makes a binding decision. If a landlord fails to protect a deposit, the tenant can claim a penalty of between one and three times the deposit amount through the courts.

A break clause is a provision in a lease — residential or commercial — that allows one or both parties to end the lease early by serving notice at a specified time and in a specified way. Break clauses are strictly construed: if the notice is not served in precisely the right form, at precisely the right time, to precisely the right person, or fails to comply with any conditions attached to the break, the break is ineffective and the tenancy continues. Courts have consistently refused to allow technical defects to be overlooked in break clause cases. The consequences of failing to exercise a break correctly can be years of unwanted lease obligations. Taking legal advice well in advance of a break date — and having a solicitor serve the notice — is essential.

Commercial lease disputes differ from residential ones in that there is far less statutory protection for commercial tenants — the relationship is governed primarily by the lease terms and the common law, with limited legislative intervention. Common commercial lease disputes include: rent arrears and forfeiture; dilapidations at the end of the lease; rent review disputes; disputes about repairing obligations; service charge disputes; and disputes about break clauses. The Landlord and Tenant Act 1954 gives business tenants the right to renew their lease at the end of its term in many cases — but this right can be excluded by agreement. Commercial disputes are typically resolved by negotiation, expert determination for rent review, or litigation in the county court or Business and Property Courts.

A dilapidations claim arises at the end of a commercial lease when a landlord claims that the tenant has failed to comply with their repairing obligations under the lease — leaving the property in a worse condition than required. Landlords typically serve a schedule of dilapidations setting out the alleged breaches and the cost of remediation. Tenants can dispute the schedule on the grounds that: the repairs are not required by the lease; the works have already been carried out; or the claimed costs are excessive. The Leasehold Property (Repairs) Act 1938 provides some protection to tenants. Dilapidations claims can be substantial — particularly for commercial properties held on long leases. Both landlords and tenants should take specialist advice early, as the tactical decisions made during the tenancy affect the strength of each party's position at the end.

Section 21 of the Housing Act 1988 previously allowed landlords in England to end an assured shorthold tenancy without giving a reason — a no-fault eviction. Section 21 was abolished on 1 May 2026 under the Renters' Rights Act 2025. From that date, all assured shorthold tenancies in England automatically converted to assured periodic tenancies, and landlords can no longer serve Section 21 notices. Landlords must now use Section 8 grounds — specifying a legal reason — to seek possession. In Wales, the Renting Homes (Wales) Act 2016 came into force in December 2022, replacing ASTs with occupation contracts and introducing equivalent no-fault possession notices with a six-month notice period. Welsh landlords must also provide specific reasons — or a six-month no-fault notice — to end an occupation contract.

A Section 8 notice is a formal notice served by a landlord seeking possession of a property on specific legal grounds set out in Schedule 2 of the Housing Act 1988. With the abolition of Section 21 in England, Section 8 is now the only route to possession for residential landlords in England. The grounds include mandatory grounds — where the court must grant possession if the ground is proved, such as three months' rent arrears or the landlord requiring the property to live in — and discretionary grounds, where the court may grant possession if it considers it reasonable. The Renters' Rights Act 2025 updated and expanded the Section 8 grounds. In Wales, equivalent grounds apply under the Renting Homes (Wales) Act 2016.

An unlawful eviction occurs when a landlord removes or excludes a tenant from their home without following the correct legal process — for example, by changing the locks, removing belongings, cutting off utilities, or physically removing the tenant. This is a criminal offence under the Protection from Eviction Act 1977 as well as giving rise to a civil claim for damages. If you have been unlawfully evicted, you can apply to court urgently for an injunction to be reinstated to the property. Damages for unlawful eviction can be substantial — the Housing Act 1988 provides a specific measure of damages based on the difference in value of the landlord's interest with and without the sitting tenant. Contact a solicitor immediately — and in the interim, contact the local authority's housing department, which has enforcement powers.