Landlord & Tenants

Overview

Landlords and Tenants:

The relationship between landlords and tenants is governed by a complex framework of laws and regulations designed to protect the rights and responsibilities of both parties. However, disputes can arise over issues like rent arrears, property repairs, tenancy agreements, or eviction. When these disputes cannot be resolved through negotiation or mediation, they may escalate to civil litigation. This guide outlines the civil litigation route for landlord and tenant disputes in England, reflecting the historic reforms introduced by the Renters’ Rights Act (which received Royal Assent on 27 October 2025).

Common Landlord and Tenant Disputes:

Landlord and tenant disputes that may lead to civil litigation include:

• Rent Arrears: Disputes over unpaid rent or service charges.
• Property Repairs and Maintenance: Failure by the landlord to carry out necessary repairs or disputes over who is responsible for repairs.
• Tenancy Agreement Violations: Issues such as unauthorized subletting, property damage, or breach of tenancy terms.
• Deposit Disputes: Disagreements over the return of the tenant’s security deposit.
• Eviction: Disputes over the legality or process of eviction. From the private-rented-sector commencement date in England, Section 21 ‘no-fault’ evictions are abolished and existing private tenancies convert to the new periodic system. Landlords must use a valid possession ground and prove it in court, and PRP social housing tenancies follow later commencement rules.
• Access Issues: Disagreements over a landlord’s right to enter the property. Landlords should normally give reasonable notice before entering, except in emergencies, unless the tenancy agreement or another legal rule says otherwise.

Initial Steps: Attempting Resolution

Before pursuing civil litigation, both landlords and tenants are encouraged to resolve disputes through the following steps:

Communication:

• Open Dialogue: The first step is direct communication. Both parties should clearly state their concerns in writing and try to reach a mutually agreeable solution.

Mediation:

• Alternative Dispute Resolution (ADR): If direct communication fails, mediation can be a cost-effective and less adversarial way to resolve disputes. An independent mediator (or a deposit protection scheme’s free ADR service) can help both parties reach an agreement without going to court.

Legal Action: The Civil Litigation Process

If the dispute remains unresolved, civil litigation may be necessary. Here’s how the process typically works:

Pre-Action Protocol:

• Letter Before Action: The party initiating the claim must send a Letter Before Action to the other party, detailing the nature of the dispute, the legal basis for the claim, and what is required to resolve it. The recipient must respond within a specific timeframe dictated by the relevant protocol (for example, the Debt Protocol requires 30 days for rent arrears, while the Housing Conditions Protocol requires 20 working days for disrepair claims).

Filing a Claim:

• County Court: If the dispute is not resolved through pre-action communication, the claimant can file a claim in the County Court. This involves completing a claim form, outlining the dispute, and paying the required court fee.

Court Proceedings:

• Submission of Evidence: Both parties must submit evidence supporting their case. This can include tenancy agreements, payment records, photographs, correspondence, and witness statements.
• Hearing: The court will schedule a hearing where both parties can present their arguments. The judge will consider the evidence and legal arguments before deciding.

Court Judgment:

• Decision: The court will issue a judgment based on the evidence and legal principles. This could involve an order for the tenant to pay outstanding rent, for the landlord to carry out repairs, or for the tenant to vacate the property.

Enforcement:

• Enforcing the Judgment: If the losing party does not comply with the court’s decision, the winning party may need to take court enforcement action. This is a separate process depending on the judgment: court enforcement using bailiffs to execute a possession order (eviction), or using separate debt enforcement methods to recover money owed.

Costs and Legal Aid

Legal Costs:

• Responsibility for Costs: Generally, the losing party may be ordered to pay the legal costs of the winning party. However, costs can vary (and are strictly limited in the Small Claims track), so it’s important to be aware of the financial implications before proceeding with litigation.

Legal Aid:

• Eligibility: Legal aid is generally aimed at eligible tenants and depends on the specific case type, means testing, and the legal merits of the case.

Possible Outcomes of Civil Litigation

Compensation:

• Damages: The court may award damages to the tenant or landlord, depending on the nature of the dispute. This could include compensation for financial loss, property damage, or inconvenience.

Repairs and Injunctions:

• Order for Repairs: In disrepair cases, the court may order the landlord to carry out specific repairs within a set timeframe.
• Injunctions: The court can issue an injunction to prevent a party from continuing a specific action, such as illegal eviction.

Possession Orders:

• Eviction: In cases of serious rent arrears or breach of tenancy, the court may grant the landlord a possession order, allowing them to legally evict the tenant. For mandatory rent arrears evictions, the strict legal threshold must be met: exactly 3 months of arrears, or 13 weeks if the rent is paid weekly or fortnightly, both at the time the notice is served and at the time of the hearing.

Written on: 29 July 2026