Residential Landlord and Tenant Disputes
Whether you're a landlord or a tenant in a residential property in England, disputes can arise over issues like rent payments, property condition, deposits, possession, or tenancy terms. We provide clear advice to both sides in Hertfordshire and Essex.
The law governing most private rented tenancies has changed significantly with the Renters' Rights Act 2025, which received Royal Assent in October 2025. The key reforms —including the abolition of assured shorthold tenancies (ASTs) and Section 21 'no-fault' evictions — take effect from 1 May 2026. From that date, almost all private tenancies convert automatically to **assured periodic tenancies** (open-ended, rolling month to month), and landlords can no longer end a tenancy without a valid legal reason under the updated Section 8 grounds.
Important note on timing: The advice on this page reflects the current position as of March 2026. Until 30 April 2026, Section 21 notices can still be served for valid ASTs (with transitional rules allowing some court proceedings after 1 May if notices were served earlier). From 1 May 2026 onwards, Section 21 is abolished, fixed terms become ineffective, and the new periodic tenancy regime applies fully to both existing and new tenancies. If your situation involves a tenancy starting or a notice served around these dates, the rules may differ depending on exact timing — contact us for advice tailored to your circumstances.
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For tenants:
- Unfair or excessive rent increases (under the new rules, increases must follow specific procedures and can be challenged)
- Disrepair or failure to meet the Decent Homes Standard (landlords must keep properties safe and habitable)
- Problems with deposit protection or return (deposits must be protected in a scheme; disputes go to free adjudication)
- Unlawful eviction attempts
- Requests for pets or other changes (tenants have stronger rights to ask, with landlords needing good reasons to refuse).
For landlords:
- Rent arrears (new or amended Section 8 grounds include thresholds for arrears and repeat late payments)
- Property damage beyond normal wear and tear
- Breaches of tenancy obligations
- Regaining possession for valid reasons (e.g., landlord/family moving in, selling the property—subject to notice periods and a 12-month protected period in the first year where certain grounds can't be used).
Key laws include:
- Housing Act 1988 (as amended by the Renters' Rights Act 2025 for possession grounds)
- Landlord and Tenant Act 1985 (repairs and fitness for habitation)
- Tenant Fees Act 2019 (bans most fees)
- Deposit protection rules.
How disputes are usually resolved:
- Start with direct communication — many issues settle with a polite but firm letter or discussion.
- Use free or low-cost schemes: Property Ombudsman (for member agents/landlords), deposit adjudication services, or mediation.
- If needed, court action: Possession claims go through the County Court (often accelerated for certain grounds). Small claims track suits lower-value money disputes (e.g., deposit returns or compensation for disrepair).
We act for both landlords and tenants, reviewing tenancy agreements, correspondence, evidence (photos, emails, rent records), and advising on next steps—whether negotiating a resolution, drafting formal notices/claims, or preparing for court/ADR. Our goal is always proportionate, cost-effective outcomes that avoid unnecessary escalation.
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