Landlord solicitors.

Landlord and tenant law governs the relationship between property owners, tenants, letting agents and managing agents. It covers the creation and management of tenancies and leases, rent and service charges, repairs, possession proceedings, lease renewals, enforcement and disputes.

A landlord solicitor can advise private landlords and letting agents dealing with residential property, as well as commercial landlords, property companies, developers, investors and managing agents responsible for shops, offices, industrial premises and other business property.

Different legal rules govern residential and commercial property. The appropriate procedure will depend on the type of property, the wording of the tenancy or lease, when it was granted and the reason the landlord requires legal assistance.

This guide principally explains the law applying to private residential tenancies in England and commercial property in England and Wales. Different rules apply in Wales, Scotland and Northern Ireland.

Residential Landlord and Tenant Law

Preparing and Reviewing Tenancy Agreements

A properly drafted tenancy agreement should clearly record the parties' rights and responsibilities. It may cover rent, rent payment dates, deposits, permitted occupiers, pets, repairs, access, alterations, subletting, use of the property, and the procedure for ending the tenancy.

From 1 May 2026, most private rented tenancies in England are assured periodic tenancies rather than fixed-term assured shorthold tenancies. Landlords must provide tenants with prescribed written information about the tenancy and their legal rights and responsibilities.

A solicitor can review proposed terms, identify clauses that may be unenforceable and ensure that the agreement reflects the landlord's intended arrangements. Terms must also comply with consumer law and must not attempt to remove rights granted to tenants by statute.

Landlord Compliance Obligations

Residential landlords must comply with a range of legal duties before and during a tenancy. Depending on the property and tenancy, these may include:

• providing the required written tenancy information;
• protecting a tenancy deposit and giving the prescribed information;
• checking whether the property requires a local authority licence;
• carrying out right-to-rent checks where required;
• obtaining gas and electrical safety documentation;
• installing required smoke and carbon-monoxide alarms;
• providing an energy performance certificate;
• keeping the structure, exterior and installations in repair;
• ensuring that the property remains fit for human habitation;
• complying with fire and furniture-safety requirements;
• respecting the tenant's right to quiet enjoyment; and
• following lawful procedures when increasing rent or seeking possession.

Failure to comply may result in a civil claim, a financial penalty, a rent repayment order, a licensing action, restrictions on recovering possession, or, in serious cases, criminal prosecution.

Repairs and Fitness for Human Habitation

Landlords are generally responsible for maintaining the structure and exterior of a rented home and keeping installations for water, gas, electricity, sanitation, heating and hot water in repair and working order.

A rented property must also be fit for human habitation at the start of the tenancy and remain so throughout the tenancy. Problems may include serious damp or mould, inadequate heating, unsafe electrical systems, structural instability, fire risks, poor ventilation, sanitation problems or other hazards that make the property unsafe or unhealthy.

A landlord should investigate reported defects within a reasonable period and arrange appropriate works. The length of time considered reasonable will depend on the seriousness and urgency of the problem.

Where a tenant refuses reasonable access, a solicitor can advise on written requests, evidence and, if necessary, an application to the court. Except in a genuine emergency, landlords should not enter a tenant's home without proper notice, permission, or other lawful authority.

Disrepair and Housing-Condition Claims

A tenant may seek an order requiring repairs and may claim compensation where a landlord has failed to meet repairing or fitness obligations after receiving notice of the problem.

A claim may include compensation for inconvenience, discomfort, damage to belongings, additional expenditure or personal injury. Local authorities may also inspect the property and serve improvement or emergency notices where serious hazards are identified.

A landlord solicitor can investigate whether proper notice was given, whether the defect falls within the landlord's responsibility, whether access was offered and whether the tenant caused or contributed to the damage.

Rent Arrears

Landlords should maintain clear rent statements and contact tenants promptly when payments are missed. Early communication may allow a repayment arrangement to be agreed and prevent the debt from increasing.

Where arrears continue, a solicitor can advise on:

• formal letters demanding payment;
• negotiating a repayment plan;
• claims against a guarantor;
• using a tenancy deposit where legally permitted;
• serving a possession notice based on rent arrears;
• court proceedings for possession;
• a separate money judgment for the debt; and
• enforcement of a judgment.

The notice period and prospects of obtaining possession depend on the amount of arrears, the grounds relied upon and the tenant's payment history. Landlords should not harass tenants, remove their belongings, change the locks or disconnect services in an attempt to recover unpaid rent.

Ending a Residential Tenancy

Since 1 May 2026, a landlord in England can no longer serve a new section 21 "no-fault" notice. A landlord seeking possession of an assured periodic tenancy must generally rely on one or more statutory grounds and serve a notice under section 8 of the Housing Act 1988.

Possible grounds may include:

• serious or persistent rent arrears;
• breach of the tenancy agreement;
• antisocial behaviour;
• damage to the property;
• the landlord intending to sell;
• the landlord or a qualifying family member intending to occupy the property;
• the end of certain student tenancies; or
• other grounds prescribed by legislation.

Each ground has its own legal conditions and notice period. Some grounds are mandatory if proved, while others give the court discretion to decide whether possession is reasonable.

If the tenant does not leave after the notice expires, the landlord must normally apply to the court for a possession order. If the tenant remains after the date specified in the order, the landlord must use an authorised enforcement process. A landlord must not personally evict a residential tenant or change the locks without lawful authority.

Notices Served Before 1 May 2026

Transitional rules may apply where a landlord served a valid section 8 or section 21 notice before 1 May 2026 or had already commenced possession proceedings. Strict time limits apply to the continued use of those notices.

Landlords relying on a notice served under the previous system should obtain advice promptly rather than assuming it remains valid indefinitely.

Antisocial Behaviour and Nuisance

Landlords may need to act when a tenant, household member, or visitor causes persistent nuisance, harassment, excessive noise, criminal activity, or other antisocial behaviour.

Evidence is important.

It may include witness statements, police reports, local authority records, photographs, recordings and a diary of incidents. The appropriate response will depend on the seriousness of the conduct and the grounds for possession available.

In urgent cases, a landlord may need advice about possession proceedings, injunctions or cooperation with the police and local authority.

Tenancy Deposits

Where a tenancy deposit is taken, it may need to be protected in an authorised scheme and the required information must be supplied to the tenant within the statutory time limit.

Failing to comply can lead to a financial claim by the tenant and may affect the landlord's ability to use certain possession procedures. Deposit disputes commonly concern rent arrears, cleaning, damage, missing items and the condition of the property at the end of the tenancy.

A detailed inventory, dated photographs, check-in and check-out reports and records of repairs can assist in resolving a deposit dispute.

Licensing and Houses in Multiple Occupation

Some rented properties require a mandatory, additional or selective licence from the local authority. Houses in multiple occupation may also be subject to special management, space, amenity and fire-safety requirements.

Letting an unlicensed property where a licence is required may expose a landlord or managing agent to prosecution, civil penalties and a rent repayment order. It may also affect possession proceedings.

A solicitor can advise on whether a licensing scheme applies, licence conditions, appeals, enforcement notices and penalties.

Illegal Eviction and Harassment

Residential occupiers are protected against unlawful eviction and harassment. A landlord or agent should not:

• change the locks without lawful authority;
• remove the tenant's possessions;
• cut off gas, electricity or water to force the tenant to leave;
• use threats or intimidation;
• repeatedly enter without permission; or
• interfere with the tenant's occupation of the property.

Unlawful eviction or harassment may result in criminal prosecution, an injunction, reinstatement of the tenant and a claim for substantial compensation.

Letting and Managing Agent Disputes

Landlords may instruct letting or managing agents to advertise property, conduct checks, collect rent, arrange repairs and manage tenancies. Disputes can arise where an agent fails to follow instructions, account for rent, protect a deposit, carry out inspections or comply with regulatory duties.

A solicitor can advise on:

• agency and management agreements;
• fees and termination provisions;
• negligent management;
• misappropriated or unaccounted rent;
• deposit-protection failures;
• regulatory compliance;
• professional indemnity claims; and
• recovery of documents, keys and client money.

The landlord may remain legally responsible to the tenant even where an agent caused the failure. The landlord may then have a separate contractual or negligence claim against that agent.

Commercial Landlord and Tenant Law

Commercial lease law applies to property occupied for business purposes, including shops, offices, warehouses, industrial units, restaurants and professional premises.

The written lease is central to the parties' relationship. It should be reviewed alongside relevant legislation before a landlord takes enforcement action, refuses consent or attempts to end or renew the tenancy.

Drafting and Negotiating Commercial Leases

A commercial lease may deal with:

• the property and rights granted;
• the length of the term;
• rent, deposits and rent reviews;
• service charges and insurance;
• repairing obligations;
• alterations and improvements;
• permitted use and planning matters;
• assignment, subletting and sharing occupation;
• guarantors and authorised guarantee agreements;
• break clauses;
• forfeiture;
• renewal rights; and
• the condition in which the property must be returned.

A solicitor can prepare a new lease, review proposed terms and ensure that the document reflects the agreement reached in the heads of terms.

The Landlord and Tenant Act 1954

Part II of the Landlord and Tenant Act 1954 gives many business tenants security of tenure. Where the Act applies, the tenancy does not simply end when the contractual term expires. It generally continues until it is terminated in accordance with the statutory procedure.

The tenant may usually request a new tenancy, and the landlord can oppose renewal only on one or more statutory grounds.

A commercial tenancy may be "contracted out" of the security-of-tenure provisions before it is granted. This requires a prescribed warning notice and declaration procedure. If the process is completed correctly, the tenant will not have an automatic statutory right to remain or renew at the end of the term.

Section 25 Notices

A landlord can initiate the statutory renewal or termination process by serving a section 25 notice. The notice must state whether the landlord is willing to grant a new tenancy.

If the landlord opposes renewal, the notice must identify the statutory grounds relied upon. These may include serious breaches, persistent delay in paying rent, suitable alternative accommodation, redevelopment or the landlord's intention to occupy the premises for their own business.

Section 25 notices are subject to strict form, timing and service requirements. An invalid notice can cause delay, affect redevelopment plans and increase costs.

Section 26 Requests

A tenant with renewal rights may initiate the process by serving a Section 26 request for a new tenancy. The landlord must respond within the required period if it intends to oppose renewal.

Landlords should obtain advice immediately after receiving a section 26 request. Missing the deadline for serving a counter-notice may prevent the landlord from opposing the application.

Lease Renewal Proceedings

Where the parties agree that a new tenancy should be granted but cannot agree its terms, the court may determine matters such as the rent, length of the new lease, repairing obligations, break provisions and other terms.

Strict deadlines apply to applications under the 1954 Act. The parties may agree on extensions in writing, but landlords should not rely on informal discussions or assume negotiations will preserve their position.

Commercial Rent Arrears

Commercial landlords may have several possible remedies for unpaid rent, depending on the lease and the tenant's circumstances. These may include:

• a debt claim;
• drawing down a rent deposit;
• pursuing a guarantor or former tenant;
• Commercial Rent Arrears Recovery;
• forfeiture;
• insolvency proceedings where legally appropriate; or
• negotiating a repayment arrangement or lease surrender.

The correct remedy depends on the nature of the debt, the wording of the lease, the tenant's solvency and the landlord's commercial objectives. Taking one step may affect the availability of another.

Commercial Rent Arrears Recovery

Commercial Rent Arrears Recovery, usually called CRAR, replaced the former common-law remedy of distress for rent.

CRAR allows a landlord of qualifying commercial premises to instruct an authorised enforcement agent to take control of a tenant's goods to recover qualifying rent arrears. It is a statutory process subject to detailed conditions, notice requirements, and minimum arrears thresholds.

CRAR is generally limited to rent and certain associated amounts. It cannot automatically be used to recover every sum described as rent in a lease, such as service charges or insurance payments.

It is not available in the same way where premises are occupied wholly or partly as a dwelling. Legal advice should be taken before authorising enforcement action.

Forfeiture of a Commercial Lease

Forfeiture allows a landlord to terminate a commercial lease following a qualifying breach, provided the lease contains an effective right of re-entry.

For breaches other than non-payment of rent, the landlord will generally need to serve a notice under section 146 of the Law of Property Act 1925. The notice must identify the breach, require it to be remedied where it is capable of remedy and require compensation where appropriate.

Forfeiture may be pursued through court proceedings or, in some commercial cases, by peaceable re-entry. Peaceable re-entry is a high-risk remedy and should not be attempted without specific legal advice. It must not involve violence or be used where somebody is lawfully residing at the property.

The landlord can lose or waive the right to forfeit by acting in a way that recognises the lease as continuing after becoming aware of the breach. Demanding or accepting rent can sometimes amount to a waiver.

Relief from Forfeiture

A tenant, mortgagee or qualifying third party may apply for relief from forfeiture. The court has discretion to restore the lease, commonly subject to the tenant remedying the breach, paying arrears and meeting the landlord's costs.

A landlord considering forfeiture should therefore assess whether it is likely to provide a final commercial solution or merely lead to urgent and expensive relief proceedings.

Service Charge Disputes

Commercial service charge disputes may concern whether expenditure falls within the lease, whether the correct proportion has been charged, whether works were reasonably undertaken and whether the landlord has complied with accounting requirements.

The outcome usually depends heavily on the wording of the lease. A landlord cannot normally recover expenditure merely because it was beneficial, unless the lease provides a contractual right to charge it.

Repairs and Dilapidations

Dilapidations are breaches of a tenant's repairing, decorating, reinstatement or yielding-up obligations. Claims often arise during or at the end of a commercial lease.

A landlord may serve a schedule of dilapidations identifying the alleged breaches and the works required. Claims for damages at the end of a tenancy are subject to statutory limitations and should be handled in accordance with the relevant pre-action protocol.

The condition of the premises at the start of the lease, any schedule of condition, the precise repairing covenant, alterations, and the landlord's intentions for the property may all affect the value of a claim.

Rent Review Disputes

Commercial leases frequently provide for periodic rent reviews. The lease will determine the review date, valuation assumptions, disregards, notice procedure and dispute-resolution mechanism.

Disputes may concern comparable rents, incentives, permitted use, floor area, hypothetical lease terms and whether a notice was validly served. The matter may be referred to an independent expert or arbitrator, depending on the lease.

Break Notice Disputes

A break clause allows a landlord or tenant to end a lease before the contractual expiry date. The right must be exercised strictly in accordance with the lease.

Disputes can arise over:

• the correct break date;
• the form and content of the notice;
• the method of service;
• payment of rent and other sums;
• vacant possession;
• compliance with lease obligations; and
• whether specified conditions were satisfied.

A defective break notice may leave the lease continuing for several more years. Advice should therefore be obtained well before the deadline.

Assignment and Subletting

A commercial lease may prevent assignment or subletting, permit it only with the landlord's consent or impose specified conditions.

Where consent cannot be unreasonably withheld or delayed, the landlord should properly consider the application, request relevant information, and decide within a reasonable period.

A landlord may be entitled to require conditions such as an authorised guarantee agreement, a rent deposit, a guarantor, or a direct covenant. Refusing consent without proper grounds, failing to respond or imposing unlawful conditions may expose the landlord to a claim.

Alterations and Change of Use

Tenants may require consent before carrying out structural or non-structural alterations, installing signage or changing the permitted use.

The landlord should consider the terms of the lease, planning position, building regulations, impact on value, reinstatement requirements and any superior landlord or lender consent.

A formal licence for alterations can record the approved works, construction obligations, insurance arrangements and the tenant's duty to reinstate the premises.

Tenant Insolvency

Tenant insolvency can significantly restrict a landlord's enforcement options. Different rules apply to administration, liquidation, company voluntary arrangements, restructuring plans, bankruptcy and debt-relief procedures.

A landlord may need to consider:

• whether enforcement requires consent or court permission;
• the treatment of rent as an insolvency expense;
• rights against guarantors, former tenants or rent deposits;
• whether the lease may be disclaimed;
• forfeiture and relief from forfeiture;
• proof of debt; and
• negotiating with an administrator or liquidator.

Immediate advice is advisable because enforcement moratoriums and procedural restrictions may apply.

Lease Surrenders

A landlord and tenant may agree to end a lease early by surrender. The surrender agreement should address the termination date, outstanding rent, service charges, repairs, reinstatement, deposits, guarantors and release of future liabilities.

A surrender can occur unintentionally through the parties' conduct, so arrangements for a tenant to leave early or return keys should be documented carefully.

Landlord and Tenant Disputes

Many disputes can be resolved by negotiation before proceedings are issued. Depending on the issue, mediation, arbitration, expert determination or a negotiated settlement may provide a quicker and more economical solution than court action.

Where proceedings are necessary, a solicitor can help preserve the landlord's position, comply with procedural rules and assess the likely cost and commercial benefit of the claim.

How a Landlord Solicitor Can Help

A landlord solicitor may advise on:

• residential tenancy agreements and prescribed information;
• landlord licensing and regulatory compliance;
• rent arrears and possession proceedings;
• antisocial behaviour and tenancy breaches;
• disrepair and fitness claims;
• deposit disputes;
• illegal eviction allegations;
• letting and managing agent disputes;
• drafting and negotiating commercial leases;
• 1954 Act notices and lease renewals;
• commercial rent and service charge recovery;
• CRAR and forfeiture;
• dilapidations and repairs;
• rent reviews and break clauses;
• assignment, subletting and alterations;
• tenant insolvency; and
• lease surrender and termination.

Finding a Landlord Solicitor

Landlord and tenant law is procedural, and deadlines are often strict. Serving the wrong notice, accepting rent after a breach or taking possession without a court order can significantly weaken a landlord's position and may create a separate claim against them.

Use the search facility at the top of this page to find a landlord and tenant solicitor who can assess the tenancy or lease, explain the available options and take the appropriate action on your behalf.

This guide provides general information about landlord and tenant law. It does not constitute legal advice and should not be relied upon as a substitute for advice about a particular property, tenancy, lease or dispute.