Property Law
Landlord and Tenant Disputes Barristers
Disrepair, deposits, service charges, rent increases, forfeiture and lease renewals, in the County Court and the First-tier Tribunal (Property Chamber).
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Landlord and tenant law is really several specialist areas sharing one label, and the first job is to work out which forum and which statute apply. Residential disrepair claims usually run in the County Court under section 11 of the Landlord and Tenant Act 1985, which implies repairing obligations for the structure, exterior and installations into most short residential lettings, and section 9A of the same Act, added in 2019, which requires the home to be fit for human habitation. Before issuing, the Pre-Action Protocol for Housing Conditions Claims (England) expects a letter of claim, access for inspection and, often, a jointly instructed surveyor.
Other disputes go to the First-tier Tribunal (Property Chamber) rather than the court. Long leaseholders can apply under section 27A of the 1985 Act for a determination of whether service charges are payable and reasonable. Since 1 May 2026, private tenants in England whose landlord proposes a rent increase by a section 13 notice can ask the Tribunal to decide the market rent. The Tribunal also hears applications for rent repayment orders against landlords who have committed certain housing offences. Tribunal costs rules are narrower than in court, which changes the risk calculation for both sides.
Deposit disputes have their own regime. Under the Housing Act 2004 a landlord must protect a deposit in an authorised scheme and give the tenant prescribed information within 30 days. If that is not done the court must order the landlord to pay the tenant between one and three times the deposit, and failures can also affect the landlord's ability to recover possession. Commercial leases bring different questions again: forfeiture for breach and the tenant's right to relief, dilapidations claims at the end of a term, and lease renewals protected by Part II of the Landlord and Tenant Act 1954.
A Direct Access Barrister can advise you on the merits and the right forum, draft the letter of claim, the statement of case or the Tribunal application, and represent you at hearings. You handle the procedural steps, such as issuing the claim, paying the fee and exchanging documents. This page describes the law in England. Residential renting in Wales is governed by the Renting Homes (Wales) Act 2016, and possession claims are covered on our separate possession page.
What Landlord and Tenant Disputes Barristers Do
Residential Disputes
Advice and representation on:
- Disrepair claims under section 11 and section 9A of the 1985 Act
- Damages for loss of use, distress and damaged belongings
- Deposit protection penalties under the Housing Act 2004
- Section 13 rent increase challenges at the Tribunal
- Rent repayment order applications and defences
- Harassment and unlawful eviction claims
Leasehold and Commercial
Advice and representation on:
- Service charge and administration charge disputes
- Forfeiture and applications for relief
- Section 146 notices and breach of covenant
- Dilapidations claims at lease end
- 1954 Act renewals, section 25 notices and section 26 requests
- Interpretation of rent review and repair clauses
Drafting
Your Barrister can draft:
- Letters of claim under the housing conditions protocol
- Particulars of claim or defence and counterclaim
- First-tier Tribunal applications and statements of case
- Schedules of disrepair responses and Scott Schedules
- Witness statements and expert questions
- Settlement agreements and consent orders
Your Barrister drafts these documents. You submit them to the court or Tribunal and serve them on the other side.
What You Handle
With Direct Access you:
- Keep dated photographs and repair requests
- Provide the lease or tenancy agreement and rent records
- Arrange access for any surveyor inspection
- Issue the claim or Tribunal application and pay the fee
- Exchange documents by the dates the court sets
- Attend hearings with your Barrister
How Direct Access Works
- 1
Identify the Right Forum
Your Barrister reviews the lease or tenancy, the history and what you want to achieve, and confirms whether the dispute belongs in the County Court, the First-tier Tribunal (Property Chamber), or both.
- 2
Pre-Action Steps
For housing disrepair this means a letter of claim under the housing conditions protocol and a chance for the landlord to inspect. For commercial dilapidations there is a separate protocol requiring a schedule and quantified demand. Getting this stage right protects your position on costs.
- 3
Expert Evidence
Many of these disputes turn on a surveyor's view of the condition of the property or the reasonableness of works. Your Barrister advises on whether a single joint expert is appropriate and which questions the expert should answer.
- 4
Issue and Directions
You issue the claim or Tribunal application. Smaller residential claims may be allocated to the small claims or fast track; leasehold and commercial disputes often go further. Your Barrister drafts the pleadings and the directions you ask for.
- 5
Negotiation
Disrepair cases frequently settle on terms combining works and compensation, and service charge disputes often narrow once accounts are scrutinised. Your Barrister can make or respond to settlement offers, including Part 36 offers in court proceedings.
- 6
Final Hearing
If the dispute does not settle, your Barrister prepares a skeleton argument, cross-examines the other side's witnesses and expert, and presents your case to the judge or Tribunal panel.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
My landlord will not do repairs. Can I stop paying rent?
Withholding rent is risky. It can lead to arrears that support a possession claim. The safer route is to report the disrepair in writing, follow the housing conditions protocol and, if needed, bring a claim for an order that the works are done plus damages. There is a limited common law right to carry out repairs and deduct the cost, but take advice before relying on it.
What can I claim if my deposit was not protected?
If the deposit was not protected in an authorised scheme within 30 days, or the prescribed information was not given, the court must order the landlord to repay the deposit or have it protected, and to pay you a sum of between one and three times its amount. The exact multiple is at the judge's discretion and depends on the circumstances of the failure.
Can I challenge my landlord's rent increase?
For an assured periodic tenancy in England, the landlord can only increase rent once a year using a section 13 notice with at least two months' notice. You can refer the proposed rent to the First-tier Tribunal before it takes effect. The Tribunal decides the open market rent and, under the new rules, cannot set a figure higher than the rent your landlord proposed.
My service charges have gone up sharply. What are my options?
A long leaseholder can apply to the First-tier Tribunal under section 27A of the Landlord and Tenant Act 1985 for a ruling on whether the charges are payable under the lease and reasonably incurred. Your Barrister will check the lease wording, any consultation requirements for major works, and whether the demands were validly served.
My landlord says it will forfeit my business lease. Can I stop that?
Often, yes. For breaches other than non-payment of rent, the landlord must normally serve a section 146 notice first, giving you a chance to remedy the breach. Even after forfeiture, the court has power to grant relief if you remedy the breach and pay costs. Acting quickly matters, and anything you say or do can affect whether the landlord has waived the right to forfeit.
My commercial lease is ending. Am I entitled to a new one?
If your lease is protected by Part II of the Landlord and Tenant Act 1954 and was not contracted out, you have a right to a new tenancy unless the landlord proves a statutory ground of opposition, such as redevelopment or own occupation. The timetable is driven by section 25 notices and section 26 requests, and missing a deadline can lose the right.
Can a Barrister act for me without a Solicitor?
Yes, through Direct Access, for most of these disputes. You will need to handle filing, service and correspondence yourself. Where a case needs heavy document management or urgent injunctions, your Barrister may recommend also instructing a Solicitor and will say so at the outset.
How much will it cost?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Resolve Your Landlord and Tenant Dispute
Specialist advice on the right forum, the right claim and the evidence you need.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.