NORRIE WAITE & SLATER
DISPUTE RESOLUTION SOLICITORS IN SHEFFIELD & ROTHERHAM
housing dispute solicitors sheffield

Housing Disputes and FAQ

Whether you are a tenant, a landlord or a homeowner, if you have a housing dispute a specialist solicitor will give you the practical legal advice you need, including representation in court proceedings when necessary. Please see below or view our Housing Dispute FAQ for more information.

Legal advice for Home Owners

If you are facing your home being repossessed due to mortgage arrears, contact us now and we will assess your case and advise you on the best way forward.

  • Mortgage repossessions

Legal advice for Tenants

Whether you rent privately, from a local council or a housing association, we can take action on your behalf. The housing problems we deal with include:

  • Disrepair
  • Unlawful evictions and harassment
  • Council housing transfers and allocations
  • Squatter’s rights
  • Injunctions
  • Defending possession proceedings for rent arrears
  • Homelessness
  • Anti Social Behaviour Orders (ASBO’s)

Legal advice for Landlords

We have extensive experience of representing landlords in all types of housing law cases. Our specialist housing solicitors can advise you on all areas of landlord and tenant law, including:

  • Getting rent arrears paid
  • Tenancy agreements
  • Claims for possession
  • Defending disrepair claims

Housing Dispute FAQ

What are my landlord’s obligations towards repairs of the property?

Laws exist to ensure landlords to maintain properties in an adequate state of repair. The Landlord and Tenant Act of 1985 sets out the statutory duties of landlords, including:

  • Keeping the structure of the building in good repair, including:
    • guttering
    • drains and external pipes
    • the roof
    • exterior walls
    • windows and doors
  • Keeping systems used for heating and hot water in good repair.
  • Keeping systems used for the supply of essential services in working order. This means:
    • electricity
    • gas
    • sanitation (including sinks, baths, toilets)
    • water

My landlord doesn’t carry out repairs to the property, what can I do?

All landlords have an obligation to ensure the property is maintained in an adequate state of repair.

If essential repairs have not been carried out contact us to speak to one of our specialist housing law solicitors who will advise you on what action can be taken. When it is a serious problem we may be able to apply for a court order requiring your landlord to carry out the repairs. If the repairs have been delayed for no good reason then we may also be able to help you to claim compensation.

What are my tenants obligations?

Tenants have obligations to their landlord and the property they reside in. These include:

  • paying the rent as agreed
  • paying utility bills such as gas and electricity if this was agreed with the landlord
  • in most cases paying the council tax, water and sewerage charges
  • keeping the property reasonably clean
  • not damaging the property and ensuring your guests do not damage the property
  • using the heating properly
  • carrying our minor maintenance, like checking smoke alarm batteries

If you do cause damage to the property or supplied furnishings then the landlord may be able to charge you for the cost of repairs or withhold some or all of your deposit.

My landlord has threatened to evict us, what can we do?

If your landlord wants to evict you, they have to follow a strict legal procedure. They cannot simply turn you out onto the street without following these procedures. The process involved will also depend on what type of tenancy agreement you have. Come and see us straight away.

If you have been threatened with eviction contact us now and we will assess your situation and try to help you to resolve the problem before you are evicted.

In order to legally evict you your landlord has to first obtain a Court Order for possession and then a warrant for eviction. At any stage during this process we can give you advice and also represent you in court proceedings if required.

If you have already been unlawfully evicted then we may be able to help you to mount a civil claim for compensation or re-instatement into the property.

I have been evicted and am now homeless; do the council have to provide me with accommodation?

If you have been made homeless, or are likely to become homeless within 30 days, the local council may have to offer you somewhere to stay or live, either temporarily or longer term.

Whether or not the local council has to provide you with somewhere to stay will depend on a number of factors, including:

  • Are you unintentionally homeless (is it through no fault of your own?)
  • Whether you are in ‘priority need’, which can mean:
    • if you have dependent children living with you
    • you or someone you live with is pregnant
    • you are homeless because of an emergency, such as flood or fire
    • you or someone you live with is vulnerable due to old age, mental illness or physical disability or other special reasons
    • you are 16 or 17 years old
    • you or someone you live with is considered vulnerable because you have been in the armed forces, prison, custody or detention in the past
    • if you cannot stay at home due to violence, harassment or threats
    • you are 18 to 20 years old and have been fostered by social services at any time when you were 16 or 17
    • you are 21 years old or over and are vulnerable because you have been fostered by social services
  • Whether you are ‘eligible for assistance’, meaning:
    • British citizens who live in the UK
    • people from the EU countries working here
    • people who have been granted refugee status

If you are having problems with your landlord or tenant please contact us.