1. The landlord has breached the tenancy agreement
If your landlord is breaking their tenancy agreement, various options are available. One is court action; however, this can be both expensive and time-consuming. Another approach might be sending them a letter outlining the breach and asking them to correct it or negotiating directly with them.
Imagine that your landlord has a no pets policy, and you discover they own a dog despite this policy, violating the agreement. However, instead of immediately taking legal action to evict them for this offense, write a letter outlining your complaint in detail and refer back to relevant sections in their lease agreement that support your claim. Legal action may be taken in that letter if the situation does not correct itself quickly enough.
Christopher Clue answers: A tenant could claim damages for broken garden benches, cracked living room carpeting, and state of communal areas; however, it would likely not constitute enough breaches to warrant repudiating their contract. Alternatively, they could argue that the clause in their tenancy agreement is inadequately written – this approach is unlikely to succeed.
2. The tenant has breached the tenancy agreement
One of the critical skills a landlord must master is dealing with tenants who breach the tenancy agreement. Breaching this contract can be detrimental for both parties and may lead to legal action, eviction, and damages due to its violation. Tenants may commit these violations in numerous ways – some more severe than others.
For example, if a tenant fails to pay their rent on time, this constitutes a breach of the tenancy agreement and can lead to their eviction from the property through a section 21 notice. While this process may take several months to complete, landlords can eliminate tenants who fail to make timely rent payments.
Tenants who violate their tenancy can do so by misusing the property for illegal activities, another breach. Landlords can file suit against these tenants for eviction and back rent should they find evidence that their rental properties are being misused for such activity.
Tenants who fail to maintain the property properly can also violate their lease agreements by failing to repair any damages they cause or clean up after themselves and guests properly. If the costs of fixing these issues exceed their deposit amount, landlords can sue for any additional tenant fees.
At times, tenants may break the law.
Breaking a tenancy agreement by leaving early can be seen as a severe breach; it can make finding accommodation more challenging in the future. However, moving out a few months before the contract’s end need not necessarily constitute breaking it.
Breaching a tenancy agreement can be an immense hassle for both parties involved, so landlords and tenants must learn how to resolve any issues quickly to avoid legal complications. Direct communication between landlords and tenants often proves effective in helping both sides resolve these disputes as soon as possible, saving both time and money.
3. The tenant has breached the tenancy agreement
Many landlords want a reliable tenant who adheres to all clauses within an assured shorthold tenancy agreement. Unfortunately, sometimes tenants breach these terms, creating issues for both parties involved, such as nonpayment of rent or damage to the property. Some breaches may be resolved directly between landlord and tenant without the need for legal action being taken against either one, but in other instances, legal investigation may be required to establish whether there has been an incident of breach.
Whenever tenants violate the terms of their tenancy agreement, they break both law and contract. If you suspect your tenant has done this, acting quickly can prevent further issues while protecting your investment.
At first glance, maintaining rental properties falls to landlords; however, tenants also must be mindful and avoid wasteful behavior. If a tenant destroys or drastically changes a leased property in such a way that makes it uninhabitable for its intended use, they could face financial repercussions from their landlords.
Subletting without permission from the landlord is often seen as a violation of an assured shorthold tenancy agreement and can result in immediate eviction proceedings.
Common violations involve illegal activities, such as drug dealing and prostitution. If these activities affect neighbors or property values, landlords have every right to take action against tenants, including potentially seeking possession.
Failure to pay rent is a serious breach of their lease agreement and can lead to the landlord issuing a notice of termination, permitting them to serve a Section 21 notice and forcing them out when their lease ends. Such violations make finding suitable accommodation extremely challenging.
4. The tenant has breached the tenancy agreement
As landlords, we are responsible for ensuring tenants adhere to the provisions of their assured shorthold tenancy agreement. While sometimes this can be easy to spot, occasionally breaches may be more complex to detect – should this occur, we landlords can use several solutions to remedy the situation without legal proceedings being necessary.
The first step to correcting breach of contract issues should be serving a notice to cure, an official statement that alerts your tenant about it and allows ten days to address it. If they don’t, then you may begin the eviction process.
Not paying rent does not constitute a breach of contract and should be differentiated as such since failure to do so could incur hefty fines from local authorities and even lead to possible lawsuits in court.
Antisocial behavior is one of the most frequent breaches of tenancy agreements, from noise disturbances or disregard for neighbors to drug dealing and illegal activity. If your tenant’s actions are damaging your property or impacting other lives in your community, take steps against them by serving an eviction notice against them.
Note that while it is the landlord’s responsibility to keep a property in good condition, tenants also bear some responsibilities for keeping it inhabitable; in particular, if damage exceeds normal wear and tear, tenants must cover costs.