In the United Kingdom, tenants gain a set of rights as soon as they sign an assured shorthold tenancy agreement. The landlord or letting agent must adhere to these and failure to do so could amount to a legal offence.

If the landlord does not respect the tenant’s rights or there is unresolvable conflict, the tenant may be required to hire a lawyer. These are some of the key instances when legal action may be required.

Unlawful eviction

A landlord may evict a tenant for various reasons, but there are strict procedures they must follow when doing so, including giving the tenant the required degree of notice.

Tenants who are facing eviction may want to hire personal legal services if they are not given a minimum of two months’ notice, find the locks have been changed, or are evicted without a court order.

Tenants who are served a section 21 notice when the landlord has not complied with certain legal obligations should also hire a lawyer as should a tenant given notice within six months of an improvement notice issued by the local council.

If a tenant is facing homelessness due to eviction, they can contact the housing department of their local council before considering legal assistance.

Harassment

A law firm UK offers a range of services, including intellectual property services, that people can access depending on their needs. Tenants who are being harassed by their landlords may want to speak to a law firm or hire a lawyer as measures can be taken under the Protection from Eviction Act 1977 and Housing and Planning Act 2016 to protect the tenant.

Harassment is defined as any act likely to interfere with the peace and comfort of those living in the property or persistent withdrawal of services that are reasonably required for the occupation of the home.

This includes cutting off electricity and other utility services, withholding keys, refusing to carry out repairs, threats and physical violence, and anti-social behaviour by the landlord’s agent. A tenant should also hire a lawyer if the landlord repeatedly enters the property without their permission or without giving the tenant adequate notice. This too, is considered harassment.

Tenant fees

In addition to rent, a landlord can charge fees like holding deposits and charges for defaulting on the contract. These are allowable fees, but may be subjected to additional restrictions under the Tenant Fees Act 2019.

The 2019 Act states that the refundable deposit cannot exceed more than five weeks rent when the annual rent is less than £50,000 or six weeks’ rent where the total annual rent is £50,000 or above. The refundable holding deposit cannot be more than one week’s rent.

A tenant can be charged up to £50 or reasonable costs incurred if higher to change the tenancy when requested by the tenant as well as early termination payments when requested by the tenant. The tenant may also have to pay for utilities, communication services, TV license and council tax.

A default fee for late payment of rent and replacement of a lost key or security device that gives the tenant access to the housing may also be charged when required under the tenancy agreement.

A landlord or letting agent cannot change any other fees and a tenant can consider hiring a lawyer when they have been required to pay a banned fee or payment. With the help of a lawyer, the tenant may be able to get a refund through the country court or with help of Local Trading Standards.

The Tenant Fees Act 2019 also states that a landlord cannot evict the tenant using the section 21 eviction procedure until they have repaid any fees charged unlawfully or return a holding deposit retained unlawfully.

Several legal provisions and regulations apply when buying property as well as renting out property. Real estate lawyers, for instance, review any relevant documents before a property is purchased in order to avoid any disagreements later on.

When renting out property or living in rented property, there could be instances where the parties do not agree and in instances where the tenant faces unlawful eviction or harassment, it is advisable for them to hire a lawyer.

Published date - October 25, 2021