Landlord & Tenant

We offer a comprehensive range of services for landlords and tenants, both corporate and private and including Housing Associations and Local Authorities. These services are provided by a specialist team of housing lawyers.

Our advice covers: possession proceedings including forfeiture and mortgage re-possession, breaches of tenancy agreement including nuisance, disrepair and dilapidations, service charge problems and all aspects of property litigation.

We act equally for both landlords and tenants and offer a range of services and advice on the following areas including:

• Tenancy Agreements (instigation and closure)
• Rent Arrears
• Failure to comply to contract
• Allegations of nuisance
• Harassment
• Unlawful Eviction

Our department of experts also deal with cases where trespassers have wrongfully taken up occupation of land or premises, or persons have wrongfully remained when they should have left, such as where accommodation was given for the better performance of an employee’s duties but their employment has ended and they still remain at the premises.

Depending on the circumstances, we can bring or defend Court Possession Proceedings on your behalf.

If you think you have a problem please speak with one of our specialists who will be more than happy to offer you advice and guidance.

Reforms to the Landlord & Tenant Act: What does this mean for you?

Changes to the Landlord & Tenant Act 1954 came into force on the 1st June 2004 aimed at achieving a fairer balance between landlords and tenants in business leases. There are some key alterations to procedure and time limits that both tenants and landlords need to be aware of.

Under the old rules if a landlord opposed the grant of a new tenancy, he had to wait for the tenant to serve a counter-notice and make an application for a new tenancy, and then seek to oppose that application. The new rules greatly simplify things for the landlord, who can now apply for an order terminating the tenancy immediately after serving a Section 25 notice. However, if a landlord serves a Section 25 notice on a tenant, the tenant no longer needs to serve a counter-notice objecting in order to secure its right to a new lease.

The strict time limits for serving notices under the 1954 Act have also now been softened. There are still statutory time limits, but the parties can agree extensions of time giving flexibility for negotiations. This said, if the deadline is missed and the parties have not agreed to extend the time for negotiation, the tenant will lose its right to renew.

Tenants are also now able to apply for an interim rent while terms for the new tenancy are agreed. An interim rent is a revised rent paid by the tenant from the date for termination. Under the old rules, only landlords were able to apply for an interim rent to be determined, which was to the tenant’s disadvantage if the rent payable was above the market value for the property.

The rules are also changing on compensation payable to the tenant and how it is calculated. There is now an extended power to the court to award compensation to a tenant against their landlord for misrepresentation or concealing material facts where they have been induced not to apply to renew by a misleading statement made by the landlord.

Perhaps most importantly, it is no longer going to be necessary to make an application to the Court to exclude the protection of the 1954 Act. The Court application has been replaced by a notice procedure, saving time and additional Court costs.

Landlords and tenants coming up to the end of their lease should familiarise themselves with the new law as soon as possible to ensure a smooth transition.  

Please contact us on commercial@mewiessolicitors.co.uk if we can be of any assistance.