Restrictive Convents

Assured tenancies
Dilapidation Disputes
Property Rights
Rent Arrears
Service Charge disputes

Assured tenancies

An assured tenancy places an obligation upon the landlord to meet certain legal criteria before they can take possession of the property. When there is an assured short-hold tenancy, however, the landlord’s sole requirement will be to show that the tenancy had ended and that they gave the tenant sufficient notice, although a court order will still be required in order to take possession of the property.

In practice, most tenancies that came into force after January 1989 are assured tenancies.

At Stirling Ackroyd Legal, our expert team has diverse experience in all aspects of landlord and tenant law, and we act for both landlords and tenants when disputes over assured tenancies arise. Whatever the situation, please contact us and we will be very happy to help you.

Dilapidation disputes

Obligations relating to property maintenance rest upon landlords and tenants alike. Whether the property is commercial or residential, if the respective duties are not met on either side, this may give rise to a claim for dilapidation.

Reduce your costs

In residential properties, dilapidation disputes may escalate quickly, and it is therefore important for both landlords and tenants to act quickly when a problem arises that falls within the scope of their responsibilities, in order to reduce the potential costs as well as to avoid any unnecessary tension further down the line.

Keeping up repairs as a tenant

For tenants, it is important that obligations concerning repairs and maintenance are fully met, because otherwise they may be affected when it comes to the renewal of the lease, the return of deposits or their position if they need to take advantage of a break clause.

The process of a dilapidation claim

When a claim for dilapidation arises, there is a protocol that must be followed. The specialist property solicitors at Stirling Ackroyd Legal can advise and support you throughout this process, whether you need to make or to defend a dilapidation claim. If you are bringing the claim you should begin by drawing up a schedule of the relevant issues.

We look after your interests

In most cases, it is faster and far more cost-effective to resolve dilapidation disputes before the matter reaches court, and we will look after your interests throughout this process and provide firm and robust representation if litigation is impossible to avoid.

Disputes over property rights

Disputes over property rights can arise over any property, whether residential or commercial; although in practice disputes surrounding residential property are more common. Whilst the legal ownership of a property refers to the registered owner or owners whose title is legally enforceable, beneficial ownership is about property rights that relate to the use and title of the property, even though the legal owner is someone different.

Ownership involving no written proof

The legal and beneficial ownership of property can become the subject of a dispute over property rights when arrangements have remained informal over a long period of time and there is a lack of written evidence over what was originally intended with regard to ownership. For example, an unmarried couple whose home was bought in one name only, however, both partners have resided in and maintained the property for many years.

The right advice when required

Stirling Ackroyd Legal is a leading firm of property law solicitors, based on the fringe of the city of London. We have many years’ experience in dealing with all aspects of the legal and beneficial ownership of property and will provide clear, straightforward advice on your property rights based on the facts of your case. We are a large firm offering a wide range of legal services and will be able to advise on other related aspects, for example, the setting up of trusts that will protect family interests in the future.

Rent arrears

Rent arrears can cause considerable problems for landlords, because outstanding rent can quickly build up and recovery may not be straightforward if the financial circumstances of the tenant mean that they simply cannot pay and are unsure when they will be able to do so.

Tenants that are not paying their rent

If you are a landlord who is suffering inconvenience and financial loss because of tenants who cannot pay their rent, the property law specialists at Stirling Ackroyd Legal can help you.

When to come to an arrangement

In cases of rent arrears when the property is residential, it may be easier and more cost-effective to try to come to an arrangement with the tenant, in an attempt to avoid taking the matter to court. There will however be cases when this is not effective, and legal action will become necessary to take possession of the property and recover the money owed, if possible.

Commercial rent arrears offer more control for the landlord

With regard to commercial properties, there are more options available in cases of rent arrears, and the landlord may decide to forfeit the lease by removing the tenants. They may also pursue a claim for the outstanding rent.

Service charge disputes

Services charges are issued by landlords to their tenants to cover services that are enjoyed by the tenant under the terms of their lease. Examples will often include the provision of basic utilities such as power, water, buildings maintenance and insurance. Stirling Ackroyd Legal is a leading London law firm with an experienced team of property experts who act on behalf of landlords and tenants in cases of service charge disputes.

Recovery of outstanding charges

For landlords, a resolution is usually achieved with the recovery of the outstanding charges that the tenant has failed to pay, and we can advise on the fastest and most cost-effective course of action. We will also provide sound advice and robust representation in more complex cases involving service charge disputes, such as if the tenants have absconded, or if the terms of the lease have been breached.

Resolutions on service charges when terms of lease are not met

Tenants may instigate a service charge dispute if they are being over-charged for services, or if certain services that are chargeable under the terms of the lease are not being provided. It may be possible and certainly more cost-effective to attempt to reach resolution through negotiation with the landlord in the first instance.

Ineffective negotiations

If this proves ineffective, it may be necessary to bring the dispute to court or to a leasehold valuation tribunal. In long-running disputes, tenants may be able to exercise the statutory right to manage the building or even acquire the freehold under the Commonhold and Leasehold Reform Act 2002.

If you are involved in any kind of service charge dispute, the team of experts at Stirling Ackroyd Legal can help you. Please contact us to talk about your situation and we will be very happy to help you.

Should you wish to know more about the services we offer, please feel free to contact our client services department via our enquiries page, or give us a call 0203 058 3365.