Disputes between landlords and tenants can arise for many reasons. Sometimes they begin with something relatively straightforward — a missed rent payment, a disagreement over repairs or a question about who is responsible for damage to a property. If not addressed properly, however, a relatively minor issue can quickly develop into a much more difficult and costly dispute.
For both landlords and tenants, understanding your legal position at an early stage can make a significant difference.
What causes tenancy disputes?
Some of the most common disputes concern:
- unpaid rent or rent arrears;
- the condition of the property and responsibility for repairs;
- damage to the property;
- tenancy deposits and proposed deductions;
- access to the property by the landlord or their agents;
- alleged breaches of the tenancy agreement;
- antisocial behaviour; and
- possession of the property.
In many cases, there may be genuine disagreement about what has happened or what each party is required to do.
This is why the tenancy agreement, correspondence between the parties, photographs, inventories, payment records and other documentation can become particularly important.
The law surrounding residential tenancies has changed
The legal framework for private residential tenancies in England changed significantly in May 2026.
Among other reforms, assured shorthold tenancies moved to a system of assured periodic tenancies and landlords can no longer use the former Section 21 procedure to recover possession without providing a reason.
Instead, landlords seeking possession generally need to rely on an applicable legal ground and follow the correct notice and court procedure.
These changes make it particularly important for landlords to understand their rights and obligations before taking action against a tenant.
Equally, tenants who receive a notice or find themselves in a dispute should understand what the notice means and whether the correct procedure has been followed.
Why acting early matters
One of the difficulties with tenancy disputes is that positions can quickly become entrenched.
A tenant may stop communicating because they are concerned about their position. A landlord may become frustrated by unpaid rent or damage and take steps that they believe are reasonable but which do not comply with the required legal procedure.
Getting advice early can help establish what each party is entitled to do and, importantly, what they should avoid doing.
It may also be possible to resolve matters through correspondence or negotiation without the need for court proceedings.
Rent arrears
Rent arrears are a particularly common source of disagreement.
For landlords, persistent arrears can create significant financial pressure, particularly where there is a mortgage on the property. For tenants, falling behind with rent can quickly become overwhelming.
Where arrears arise, keeping an accurate record of the rent due, payments received and communications between the parties is important.
A landlord considering possession proceedings should also make sure that the appropriate legal ground and notice procedure are being used.
Repairs and the condition of the property
Another frequent source of disputes is the condition of the property.
Landlords have important obligations concerning the safety and condition of rented accommodation. Tenants, meanwhile, may have responsibilities relating to how the property is occupied and cared for.
When a problem arises, good evidence can be invaluable. Photographs, inspection reports, emails, messages and records of when repairs were reported or carried out can all help establish what happened.
Deposit disputes
At the end of a tenancy, disagreements can also arise over the return of a deposit.
A landlord may believe that deductions are justified because of damage, cleaning costs or unpaid rent, while the tenant may consider those deductions unreasonable.
Deposits that fall within the statutory requirements must be protected using an approved tenancy deposit protection scheme. Where landlord and tenant disagree about deductions, the relevant deposit scheme may also provide a dispute resolution process.
Communication can prevent disputes escalating
Not every tenancy disagreement needs to become a court case.
Clear, measured communication can often resolve issues before substantial time and money are spent. Where direct communication has broken down, a solicitor can help clarify the legal position, correspond with the other party and explore whether an agreement can be reached.
Where proceedings are necessary, taking advice early can also help ensure that the correct procedure is followed from the outset.
How Penerley can help
Whether you are a landlord facing rent arrears or possession issues, or a tenant concerned about your tenancy, deposit or the condition of your home, obtaining advice early can help you understand your options.
At Penerley, we can advise on residential tenancy disputes and help you identify the most appropriate way forward.
If you are involved in a tenancy dispute, contact Penerley to discuss your circumstances and the options available to you.
