Claiming Against Your Landlord? Why You Shouldn’t Be Afraid

Tenancy agreement

The fear of retaliation or revenge from a landlord towards a tenant who has or is bringing legal action against them prevents millions of tenants seeking justice and is one of the main reasons why landlords continue to get away with neglecting their statutory and contractual obligations owed to their tenants. Further, many tenants who start proceedings are often fearful of intimidation from landlords out of pursuing their claim further most anticipating the Landlord seeking a possession order.

The Deregulation Act 2015 introduced limited protection for tenants against a Section 21 Notice being served by your landlord when a complaint has been made or Environmental Health have served a relevant notice against your landlord. Despite the introduction of this protection, your landlord can still apply to Court for possession of your property based upon a breach of your tenancy agreement e.g. for serious rent arrears, anti-social behaviour or being dishonest to acquire your tenancy in the first place.

Just as you have responsibilities to keep to during your tenancy, so does your landlord. The Landlord and Tenant Act 1985 ensures that your landlord is responsible for the carrying out any repairs to the property which you are not responsible for. In your tenancy agreement, your landlord may also stipulate that they are to maintain your property to a certain standard, the wording used will vary from landlord to landlord but should never fall short of the standard set by statute.

As your landlord will likely bring legal action against you for failure to adhere to your obligations, you are just as entitled to bring action against them if they fail on theirs and providing you are not falling foul on your tenancy agreement, you should have no fear of retaliation from them on a legal level.

Unfortunately, it’s no secret that landlord’s will not rely on lawful methods to make you feel like you are in the wrong. Constant requests for access to your property or limiting your electricity, gas or water, raising your rent or anything else which is aimed at causing a tenant distress are all actionable offences under the Protection From Harassment Act 1997. Therefore, should you be thinking about or in the process of making a claim under the Landlord and Tenant Act 1985, action is available to take to prevent your landlord acting in such a way.

If you, or someone you know or care for, are living in disrepair and the landlord is failing to take appropriate steps to make it right, CEL Solicitors will be here not only to make sure you get the repairs and compensation you deserve but to ensure your landlord is and will not act in an unfair manner as a result.