The legal aspects to consider when letting or renting a property can be surprisingly complex; mistakes can lead to unnecessary expense and protracted aggravation.
Our residential property litigation lawyers are experienced in advising both landlords and tenants of the pitfalls associated with a rented property and how best to avoid them through good practice.
A well drafted lease, following correct procedures and clear lines of communication between a landlord and tenant will often limit the risk of a dispute arising during, or at the end of, a tenancy. Even so, conflicts can still crop up.
Most commonly, difficulties arise when a landlord or tenant fails to meet their obligations under the lease – namely their respective repairing obligations, the recovery of costs from damage or the termination of a lease through incorrect means.
It is normal for the lease to contain an obligation on the part of the landlord to repair and maintain the common parts of the building, and an obligation on the part of the tenant to contribute towards the costs incurred by the landlord by way of service charges. In addition the tenant is usually liable for repairs to the demise. It is important that both parties check the terms of the lease carefully and check the precise demise.
Our property litigation team has considerable experience in dealing with both short term lettings and long leasehold disputes in the residential property market and regularly advises managing agents and individual landlords regarding the recovery of service charges, the enforcement of lease covenants and the Right to Manage.
In addition, our expertise covers advice on enfranchisement applications, tenant nuisance and default, trespassers and possession proceedings, serving notices and consent orders.
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