Legal Services Related to Residential Disputes

Common residential issues include:

• Breach of Covenant (Terms) – when a tenant fails to comply with the terms of the lease
• Harassment  – Our solicitors are here to represent clients who have suffered improper treatment (threats, distress or humiliation) at the hands of landlords or tenants.
• Service charge disputes/recovery – We are able to represent landlords and tenants who are forced to take action regarding the costs incurred when providing services to a property.
• Possession claims – We assist in reclaiming the property if an agreement has been breached.
• Tenant Evictions – We help to establish and pursue legal grounds for the removal of a tenant from a property.
• Deposit Protection/Recovery  – We help your recover withheld funds owed to tenants (especially in cases where tenants have met the terms of their tenancy agreement, preserved the condition of the property and paid rent/bills in a timely manner)

Legal Services Related to Commercial Disputes

Common commercial issues/scenarios include:

• Dilapidation claims – when damage or disrepair is discovered by the landlord, commonly at the end of the lease
• Breach of Covenant – We help resolve circumstances where tenants fail to comply with the stipulations of their leasing agreement.
• Commercial rent arrears recovery (CRAR) – We are experts at helping you recover unpaid rent.
• Forfeiture and recovery of possession – We assure reliable representation if you are forced to reclaim your property from a tenant.
• Lease renewal disputes – We’ll guide you towards your desired legal resolution when it is time to agree on a new set of leasing terms with your tenant.
• Disputes over rights of way, easements, trespass, nuisance and adverse possession
• Rent review disputes
• Boundary Disputes

1. Section 11 Landlord and Tenant Act 1985

Section 11 of the Landlord and Tenant Act 1985 implies an absolute and non-excludable obligation upon landlords to carry out basic repairs. It is implied in all tenancy agreements unless:

a. The tenancy began before 24 October 1961
b. The tenancy is a fixed term of seven years or more
c. Section 11 is not implied into licence agreements.

The landlord cannot seek to avoid their obligations by using express contractual terms that either attempt to evade the liability[1] or pass them on to the tenant.[2] The obligations imposed cover both private and public landlords.

The landlord or her/his agent has the right to enter premises to inspect the condition and state of repair, but must give the tenant 24 hours’ written notice of her/his intention to do so

Source: England shelter

2. What Is Property Litigation?

Property law is especially concerned with regulations which address the many forms of ownership and tenancy. It is a legal field which pertains to management of property related disputes.

3. Who Can Benefit from the Solicitors at MHHP Law?

Property litigation involves practices relating to the selling, buying, leasing and ownership of property. Thus, we are able to lend our legal expertise when it comes to matters featuring transactions between home-buyers and financial institutions. We offer legal remedies for property claims which may arise as a result environmental issues.

Plus, when stakeholders are faced with planning and development concerns, our property solicitors can assist with your litigation process.