Landlord and tenant disputes are not uncommon, but most situations do not require the expert handling of a criminal defence solicitor. It is important, however, for landlords to recognise when they may need to hire a solicitor to help them sort legal matters in order to protect themselves financially. Listed below are the situations in which a landlord should consider at least consulting a solicitor for further advice, starting with evicting a tenant.
If You Are Evicting a Tenant
Successfully evicting a tenant from a premise requires landlords to follow highly detailed and stringent rules. Failure to follow the rules could result in your tenant being able to remain on your property for a lengthy period of time. If you fall into any one of the below categories, you should consult a solicitor prior to initiating an eviction:
- You have never successfully evicted a tenant before
- Your tenant is fighting the eviction and has hired his or her own attorney
- The tenant is filing for bankruptcy
- The tenant is an employee of yours
Experienced criminal defence solicitors in London will be able to help you navigate the complexities of evicting a tenant and can help expedite the process by producing and filing the correct paperwork at the right time.
If You Are Being Sued For Illness or Injury
A tenant or a guest on your property may claim that he or she became ill or injured because of your own carelessness. Black mould, for example, may be one claim a tenant will try to attribute to a health issue they are now suffering.
Personal injury claims are a serious matter. Landlords who attempt to defend themselves when tenants have a personal injury solicitor of their own working on their case are often found liable and are forced to lose thousands of pounds in compensation costs. Anytime your tenants have a solicitor of their own, it is a good idea to hire your own attorney.
If You Are Sued or Investigated for Illegal Discrimination
A landlord will not need to hire a solicitor every time he or she is accused of discrimination by a tenant or prospect. But even if you have diligently complied with all fair housing laws, it is a good idea to at least consult a solicitor if the accusing tenant or prospect has sued you or if you are being investigated for discrimination.
If You Are Being Accused of Not Maintaining a Property
One of the most common claims a tenant will make here in the UK is that the landlord has failed to properly maintain the property. For example, the tenant may claim that your failure to fix the roof resulted in a leak that destroyed some of the tenant’s property.
In the majority of situations, your liability policy would come into play. But if the claim is costly, it may be a good idea to consult a solicitor not only for advice on how to handle the most recent claim, but how you can best handle claims made in the future.
