Can I Sue My Landlord?
Can I sue my landlord if he has breached a condition of our tenancy agreement?
Increasingly, through either choice or necessity, people are choosing to rent properties rather than buy them, with or without the aid of a mortgage. Upon renting a property you will enter into an agreement with the owner of the property, the landlord, which will set out both yours and their rights and obligations in relation to the property and to each other. This agreement, called a ‘tenancy agreement’, will cover points such as when and how much rent you are required to pay, your rights to occupy the accommodation, what happens in the event of maintenance work being needed to the property and how much notice either party must give if they wish to terminate the tenancy agreement.
Reasons to sue a landlord
There are numerous reasons why a tenant may wish to sue a landlord as there are many ways in which a landlord may breach the terms of the tenancy agreement. These include failing to refund the rental deposit at the end of the term of the agreement, failing to pay bills for work carried out and paid for by the tenant, failing to give sufficient notice of their intention to terminate the tenancy agreement (and thus ‘evict’ the tenant), and breaching, in some other way, a fundamental term of the tenancy agreement.
Establishing negligence against your landlord
To be successful in suing your landlord you must be able to show that he has been negligent in some way. Depending on the circumstances and the reasons you wish to sue this can be straightforward (i.e. referencing a term in the tenancy agreement that has clearly been breached) or more complex (i.e. trying to secure a refund of your deposit when there is a dispute over whether the property has been left in the desired state, by you, on leaving). You should see taking your landlord to court as a last resort and should try and resolve the issue in any way possible before doing so. Ensure that you communicate clearly with your landlord so that you are both clear about the reasons for the dispute and, if necessary, arrange for your dispute to be mediated in an attempt to achieve a resolution.
Find out if you can sue
If you think you may have cause to sue your landlord our Loyalty Law solicitors are here to offer your advice and assistance. Call us free today on 0800 142 2775 for a free, no obligation consultation with one of our expert solicitors.
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