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Breach of Tenancy Agreement

A Guide To Breach of Tenancy Agreements

No landlord wants to have a problem with their tenants. But, sometimes, these disputes are hard to avoid. Below, we'll take an in-depth look at a common problem landlords and tenants face: breach of the tenancy agreement. We'll cover:

• What is classed as a breach of tenancy agreement;

• Breach of tenancy advice for landlords;

• Breach of tenancy advice for tenants;

• Alternative solutions to breaches of tenancy agreements;

• How to deal with a breach of tenancy agreement

What is a breach of a tenancy agreement? 

A Breach of a Tenancy Agreement is when a tenant fails to comply with the terms of the tenancy agreement. This can include non-payment of rent, damage to the property, or illegal activity. Solicitors can help landlords to evict tenants who breach their tenancy agreement.

What is classed as a breach of tenancy agreement? 

Breach of tenancy by tenants

If a tenant doesn’t follow the rules in their tenancy agreement (breach of tenancy obligation), a landlord may be able to evict them from the property.

The kinds of breaches that can result in this action include:

• Anti-social behaviours (like making lots of noise);

• Criminal activity;

• Damaging the property or its contents;

• Smoking;

• Disrepair issues;

• Having a pet if the tenancy agreement states “no pets”;

• Uncontrolled animals;

• Lack of cleanliness;

• Not paying rent;

• Subletting (if the agreement says they can’t).

Breach of tenancy by landlord

Landlords have responsibilities too, and when they drop the ball on their end of a tenancy agreement, it’s also a breach. If a landlord breaches the terms of a tenancy agreement, tenants can take legal action against them. 

Here are a few common landlord tenancy agreement breaches: 

1. Not renewing gas safety certificates on time;

2. Not carrying out repairs that are their responsibility;

3. Letting building insurance go out of date without renewal;

4. Not giving the appropriate notice before visiting or entering the property;

5. Not giving the appropriate notice to end the tenancy (aka illegal eviction).

Breach of tenancy advice for landlords 

If a tenant breaches a tenancy agreement, landlords have the right to issue a section 8 eviction notice.

The most common reason for landlords to issue a section 8 eviction notice (used in the event of a breach of the tenancy agreement) is rent arrears, but it can also be used in instances of criminal activity, anti-social behaviour or other breaches of a tenancy agreement. 

At Lawhive, our solicitors are on hand to help landlords looking to take action against a tenant who is in breach of a tenancy agreement, from assisting with the preparation of witness statements to be read in court, advice on the strength of your case, and help with alternative dispute resolution, like mediation. 

Breach of tenancy advice for tenants 

When you rent a property, there’s some things you have to do by law - like paying your rent on time and taking care of any repairs. Basically, everything listed in the tenancy agreement, you have to follow. 

If you don’t stick to your end of the bargain, it can lead to problems between you and your landlord. And who wants that? 

If there’s any talk of you breaching a tenancy agreement, it’s time to find a solicitor. Especially if your landlord’s dropping a Section 8 or a Section 21 notice, or they’re looking to make you pay up for damages. 

A solicitor can break it all down for you, help you understand your rights, figure out if your landlord has a good reason to ask you to leave or if the eviction proceedings are illegal, and help you work things out without going to court if possible. 

Alternative solutions to resolve a tenancy breach

Sometimes, landlords don’t want to take such extreme action as eviction if a tenant breaches the tenancy agreement.

In some cases, the hassle of having to find new tenants, or go through court proceedings, feels like too much in comparison to the breach. Happily, there are other options.

If the problem isn’t super serious, landlords and tenants can (and should) sit down and have a friendly chat first of all. In many cases, disputes of this kind can be resolved with a short conversation, especially if the other party doesn’t realise they’re not keeping up their end of the bargain. 

If this doesn’t work out, there’s also options such as mediation that can help both parties find common ground without any courtroom drama unfolding. 

In short, if you’re mostly cool with your landlord or tenants, but there’s a hiccup, talking it out is usually the cheapest, most stress-free way to go. 

Why use Lawhive’s landlord and tenant solicitors?

Our landlord and tenant lawyers know their stuff when it comes to renting and the rules that need to be followed. 

We’ve got your back if your landlord’s pointing fingers and you need to defend your rights. 

Or, if you’re a landlord and you’re not sure about your responsibilities, our solicitors can fill you in and help you through the process of legally evicting a tenant in the event of a breach of tenancy agreement. 

So, if you’re in a tight spot - whether you’re a landlord dealing with a troublesome tenant or a tenant on the receiving end of a Section 8 notice, get a free case assessment today to speak to our expert legal assessment team and find out how our expert lawyers and solicitors can help you sort things out.