Landlord and Tenant Disputes

Recovery of rent arrears
As part of your claim for possession or after you have retaken possession of your property, you may wish to seek payment of the rent arrears from your former tenant. Please see Debt Collection and Enforcement of Judgments

Recovery of service charges
Payment of service charges are vital for the running of any building. Non-payment can therefore lead to problems for the landlord, management company or managing agents concerned. The recovery of service charges is either dealt with through the courts (see Debt Collection) or, through the Leasehold Valuation Tribunal. This is a specialist tribunal set up to deal with a number of landlord/tenant issues, and we have considerable experience of handling cases in the Leasehold Valuation Tribunal.

Dilapidations
If you are a landlord, your tenant may have vacated leaving your building in disrepair and you may wish pursue that tenant for the cost of repairing it. As a tenant, you may have received a Schedule of Dilapidations from your landlord which you consider to be excessive. At Cowells Solicitors, we have the expertise to advise both sides. Using a protocol on dilapidations claims we work closely with building and valuation surveyors to see if a settlement can be reached. Most disputes are settled but if not, we are there to fight your case in any subsequent court proceedings.

Lease renewals
The procedure for renewing business leases is now less litigious and you do not have to automatically issue court proceedings. However disputes do still arise and when they do we can offer the appropriate advice to ensure that your rights are protected.

Consents to assignment / subletting
If you are a tenant and you wish to transfer your lease to someone else or sublet your property you will frequently have to obtain permission from your landlord. As a landlord you will wish to ensure that the value of your freehold is not diminished by any assignment or sub lease. Disputes often arise as to the size and strength of any assignee or sub tenant and /or the proposed use which the assignee or sub tenant has for the property.

If the dispute cannot be settled in correspondence there is a body of case law and statute which we can guide you through to advise you of your rights.