![Page 1: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/1.jpg)
Common residential landlord and tenant disputes
10 April 2019
By Elizabeth Dwomoh
![Page 2: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/2.jpg)
Focus of the seminar
The aim of this seminar is to focus on some of the most common problems faced by tenants in respect of their landlords and to identify practical solution to these problems.
![Page 3: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/3.jpg)
PROBLEM AREAS:
1) Tenancy deposits
2) Disrepair
3) Unlawful eviction
![Page 4: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/4.jpg)
(1) Tenancy deposits
![Page 5: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/5.jpg)
Common deposit problems
The most common problems faced by tenants in relation to their deposits are when the landlord:
•Fails to protect the deposit upon receipt;
![Page 6: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/6.jpg)
• Fails to release the deposit after the end of the tenancy;
![Page 7: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/7.jpg)
•Unlawfully makes deductions from the deposit.
![Page 8: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/8.jpg)
Failure to protect the deposit upon receipt
![Page 9: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/9.jpg)
S.213 HA 2004: Requirements relating to tenancy deposits
• Protect the deposit by registering it with an authorised scheme
• Comply with the initial requirements of the authorised scheme within 30 days of receipt of the deposit; and
• Serve on the tenant the prescribed information within 30 days of receipt of the deposit.
![Page 10: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/10.jpg)
No longer necessary for landlord to re-protect the deposit or re-serve the prescribed information if this has already been done in respect of a deposit that was originally received on or after 6th April 2007, which has been renewed or became a rolling period tenancy.
![Page 11: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/11.jpg)
Sanctions for non-compliance by a landlord
• Since 6th April 2007, if a landlord has failed to comply with his or her obligations under ss.213(3) and 213(6) of the HA 2004, a tenant can make a claim for payment of between one to three times the value of the deposit.
• The Court can also order repayment of the deposit directly to the tenant
or payment into an authorised scheme. • Even when the tenancy has ended, the Court must order the landlord to
pay between one to three times the value of the deposit to the tenant, and if so minded, the repayment of the deposit to the tenant..
• Further, even if a deposit was paid before 6 April 2007, a landlord is barred
from serving a s. 21 notice unless the deposit has been protected or returned to the tenant in full.
![Page 12: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/12.jpg)
Failure to release a protected tenancy deposit at the end of the tenancy
![Page 13: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/13.jpg)
Practical steps for a tenant’s recovering deposit
The tenant should:
• contact the landlord directly
• check to see if his or her deposit scheme offers ADR
• if the landlord does not consent to ADR within the scheme, consider bringing a small claims in the County Court to recover the deposit
![Page 14: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/14.jpg)
Unlawful deduction from a protected tenancy deposit
A landlord is legitimately entitled to deduct sums from a tenancy deposit for items such as unpaid rent, cleaning and damage beyond fair wear and tear.
![Page 15: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/15.jpg)
Practical steps for recovering sums unlawfully deducted from a deposit
A tenant should • request a fully costed itemised bill from the landlord • compare the itemised bill with the checking out inventory • request copies of the receipts for the items purchased or
service paid for by the landlord and deducted from the deposit
• put a complaint in writing to the landlord – indicating how much of the deposit should be returned
• consider ADR or a small claim
![Page 16: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/16.jpg)
(2) An Overview of Disrepair
![Page 17: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/17.jpg)
Tenants can bring civil claim for disrepair against their landlords if they can demonstrate a breach of a contractual or statutory repairing obligation.
![Page 18: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/18.jpg)
Where are the most common sources of repairing obligations
found?
![Page 19: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/19.jpg)
What 3 elements are needed to establish a claim for disrepair under s.11 of the LTA 1985?
![Page 20: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/20.jpg)
Is there a breach of a repairing covenant?
![Page 21: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/21.jpg)
Implied Covenant
11.— Repairing obligations in short leases.
(1) In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
![Page 22: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/22.jpg)
• (b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
![Page 23: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/23.jpg)
(c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
![Page 24: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/24.jpg)
Is the complaint caused by disrepair?
![Page 25: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/25.jpg)
• Damp?
• Asbestos?
• Mice?
![Page 26: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/26.jpg)
Has the Landlord Been put on Notice???
![Page 27: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/27.jpg)
Has a reasonable period of time being given to effect repairs?
Source: Schedule to the Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994 (SI 1994/133)
Defect Prescribed period (working days)
Leaking roof 7
Toilet not flushing (where there is
no other working toilet in the
dwelling-house)
1
Total or partial loss of space or
water heating between 31st
October and 1st May
1
Total or partial loss of space or
water heating between 30th April
and 1st November
3
![Page 28: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/28.jpg)
Common Scenario
My property is in disrepair and my landlord is refusing to carry out any works. Can I withhold my rent???
![Page 29: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/29.jpg)
Options...
Withholding rent?
![Page 30: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/30.jpg)
Any constructive steps that the tenant can take?
![Page 31: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/31.jpg)
• Reduction in rent?
• Contacting local authority Environmental Health Department?
• Undertaking work at own expense? (caution advised!)
• Claim for damages for disrepair and an order for
specific performance
![Page 32: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/32.jpg)
Homes (Fitness for Human Habitation) Act 2018
• Came into force on 20 March 2019
• Amends fitness for human habitation provisions
contained in the Landlord and Tenant Act 1985 • The new provisions apply to dwellings let “wholly or
mainly for human habitation” and the lease is for a term of less than 7 years or is a lease for a secure, assured or introductory tenancy for a fixed term of 7 years or more
![Page 33: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/33.jpg)
• section 9A of the LTA 1985 provides:
• (1) In a lease to which this section applies of a dwelling in England (see section 9B), there is implied a covenant by the lessor that the dwelling—
(a) is fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and (b) will remain fit for human habitation during the term of the lease.
![Page 34: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/34.jpg)
(1) In determining for the purposes of this Act whether a house or dwelling is unfit for human habitation, regard shall be had to its condition in respect of the following matters— repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water; in relation to a dwelling in England, any prescribed hazard and the house or dwelling shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.
![Page 35: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/35.jpg)
(2) In subsection (1) “prescribed hazard” means any matter or circumstance amounting to a hazard for the time being prescribed in regulations made by the Secretary of State under section 2 of the Housing Act 2004.”
![Page 36: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/36.jpg)
Landlord’s exemptions
Subsections 9A(2) and 9A(3) of the 1985 Act, exempt a landlord from liability where, for example, the unfitness is wholly or mainly attributable to the tenant’s own breach of covenant or the tenant has not used the property in a tenant-like manner
![Page 37: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/37.jpg)
(3) Unlawful Eviction
![Page 38: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/38.jpg)
The eviction of a residential occupier is a criminal offence under s.1(4) of the Protection from Eviction Act 1977.
![Page 39: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/39.jpg)
What is an unlawful eviction?
S.27 HA 1988: Damages for unlawful eviction
(1) This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as "the landlord in default") or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any
premises of his occupation of the whole or part of the premises.
(2) This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as "the landlord in default") or any person acting on behalf of the landlord in default—
(a) attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or
![Page 40: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/40.jpg)
What is an unlawful eviction?
S.27 HA 1988: Damages for unlawful eviction cont.
(b) knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of
any premises—
(I) to give up his occupation of the premises or any part thereof, or
(ii) to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof, does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, and, as a result, the residential occupier gives up his occupation of the premises as a residence.
![Page 41: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/41.jpg)
What acts amounts to an unlawful eviction under s.27 of the HA 1988?
• The threat or use of force
• Changing the locks at the front of the property
• Locking parts of the property thereby denying access
• Denying a tenant the right of re-entry to the property
![Page 42: Common residential landlord and tenant disputes · 2019. 11. 20. · • Even when the tenancy has ended, the Court must order the landlord to pay between one to three times the value](https://reader036.vdocument.in/reader036/viewer/2022071302/60a5062a0581565a335bb30c/html5/thumbnails/42.jpg)
Remedies for unlawful eviction
The measure of damages under s.28 of the HA 1988 is the difference between:
• market value of the Proposed Defendant’s freehold interest; and
• the market value of the Proposed Defendant’s freehold interest subject to an assured short hold tenancy.
An expert surveyor may be required to ascertain the correct figure.