Residential Tenancies

Overview

Whilst most residential tenancies operate without difficulty, the law relating to residential tenancies is complex and highly technical. When problems arise, disputes can be complex and prolonged. Landmark’s barristers are specialists in helping clients– whether landlord or tenant, commercial entity, charity, housing association or individual – to find a solution as quickly and painlessly as possible.

Our areas of expertise include:

• Residential possession proceedings and recovery of rent arrears
• Advising on security of tenure, including under the Rent Act 1977, the Housing Act 1988 and the Rent (Agriculture) Act 1976
• Disputes around the availability of section 21 of the Housing Act 1988, including the deposit protection and gas safety certificate requirements
• Licensing of let property, including Houses in Multiple Occupation (HMOs)
• Applications for Rent Repayment Orders, under the Housing and Planning Act 2016
• Advising on Build-to-Rent schemes and associated management issues
• Enforcement of private housing standards, including under the Housing Act 2004
• Interplay between residential and commercial tenancies in live/work situations
• Claims relating to the condition of residential premises (including disrepair claims and service charge disputes).

Our members have appeared in many leading cases in this area, including more recently:

• Jepsen v Rakusen [2023] UKSC 9 - whether a rent repayment order can only be made against an immediate landlord
• Cooke v Northwood (Solihull) Ltd [2022] EWCA Civ 40 - application of Companies Act 2006 to service of s8 notices
• Jepsen v Rakusen [2021] EWCA Civ 1150
• Kowalek v Hassanein Ltd [2021] UKUT 143 (LC)  - approach to quantifying rent repayment orders
• Trecarrell House Limited v Rouncefield [2020] EWCA Civ 760 - whether failure to provide a gas safety certificate was remediable.