Tenant Legal Action
UK tenants can take legal action if their landlords don’t meet their obligations as landlords. Tenant rights are found in their tenancy agreements and under statutes and regulations.
Landlord and Tenant Solicitors can explain if you have the right to take tenant legal action.
Contact Online and London-based OTS Solicitors for legal advice for tenants.
Appointments are available for phone or online consultations or at our offices in London.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, and Urdu/Punjabi.
What is tenant legal action?
Tenant legal action is when a tenant takes or threatens legal action to sort out a problem with their rental property or landlord. There are several reasons why a tenant may consider taking legal action against their landlord or former landlord, including:
- Property not fit for habitation.
- Landlords are not meeting their obligations under the tenancy agreement.
- Deposit dispute.
- The tenant is not getting quiet enjoyment of their rental property.
- Damages for injuries sustained at the rental property.
- Landlord harassment.
- Unlawful eviction.
Should a tenant take legal action?
With a shortage of rental properties in London and the South East of England, some tenants don’t think they should take legal action. Other renters realise that unless they show their landlord that they are aware of their rights as tenants, the landlord will not carry out necessary repairs, fail to protect their deposit, and could try to evict them unlawfully.
Our Landlord and Tenant Solicitors understand the need to balance tenant rights against the costs and risks associated with tenant legal action. When a tenant is caught up in a landlord dispute, it is easy for the disagreement to become personal and for the tenant to lose sight of the financial implications of tenant action. That’s why our Tenant Lawyers stand back from the dispute to assess whether the costs justify the risks and rewards.
Tenants can sue their landlords, but if our Tenant Solicitors can avoid court proceedings, we will do so. For example:
- Advising a tenant on how best to resolve the matter amicably, directly with their landlord.
- Sending a comprehensive and compelling letter before action that persuades the landlord that their tenant is aware of their legal rights and is committed to issuing court proceedings to enforce their rights as a tenant.
- By reporting the issue to the relevant body. For example, to the licensing authority, if the property is a house in multiple occupation.
- Recommending landlord and tenant mediation to resolve a disrepair dispute.
Consultations with Tenant Solicitors
A consultation meeting with a Landlord and Tenant Solicitor should help you understand your rights as a tenant, your legal options and the rough costs and timescales for each option so you can make an informed decision. For example, you may decide to contact your landlord directly now that you know your rights or determine that your landlord is unlikely to listen to you, but will act if they receive a formal letter before action from lawyers threatening court action.
The consultation does not commit you to taking specific tenant legal action but gives you the information you need to decide on your next legal steps.
Contact Online and London-based OTS Solicitors for legal advice for tenants.
Appointments are available for phone or online consultations or at our offices in London.
Frequently Asked Questions on Tenant Legal Action
Can I claim compensation for my landlord's failure to repair the rental property?
You can bring a housing disrepair claim if your landlord has not repaired the rental property and the disrepair breaches the terms of the tenancy agreement, regulations, or statute. For example, your tenancy agreement might not say that your landlord must keep the boiler in good repair, so you have heating and hot water, but this basic requirement is covered by statute and regulations.
You can claim compensation from your landlord if you had extra expenses because the property was not habitable or the disrepair affected your health. You will need evidence to bring a disrepair claim and to be within the time limits to bring a claim.
Taking tenant legal advice from a specialist Tenant Lawyer can help you build your case against your landlord. We focus on getting your landlord to complete the repairs quickly.
Can I claim for unlawful eviction?
If your landlord has tried to evict you without following the law, you may have a claim for unlawful eviction. A tenant does not lose their rights to claim for unlawful eviction if they are in rent arrears or have complained about a lack of repairs to the property.
Unlawful eviction includes a range of actions by a landlord, such as threatening behaviour, changing the locks, stopping the electricity supply to the property or landlord harassment.
A tenant can apply to the court for an injunction to stop the illegal eviction and can also ask for compensation. The amount of compensation will depend on the losses and any injury sustained.
What rights do I have if my landlord did not protect my deposit?
If you have an assured shorthold tenancy, your landlord must follow deposit protection rules and protect your deposit in one of the recognised deposit schemes. The deposit must be placed in one of the schemes within 30 days of your landlord receiving the money, and it must remain protected in a scheme throughout your tenancy agreement.
It is worth checking that your deposit is protected. If it isn't, a landlord may not be able to start possession proceedings until the deposit is placed in a scheme.
Our Landlord and Tenant Lawyers can explain your deposit rights and the implications if the landlord has not followed the rules.
Online and London-based legal advice for tenants
For advice on tenant rights and obligations, call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Appointments are available for phone, Zoom or online consultations or at our offices in London.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
Related Posts