Expert Answers on Landlord and Tenant Law, Housing Disrepair, Civil Litigation and Legal Processes
Knights & Shah Solicitors advises clients across a wide range of legal matters, with a particular focus on landlord and tenant disputes, housing disrepair claims and civil litigation. The law in these areas is complex, procedural and highly regulated. Small errors can have serious legal and financial consequences.
This FAQ page has been designed as a general legal resource for our clients and website users. It answers the most common questions asked by landlords, tenants and individuals involved in housing disputes or litigation. The questions below explain how the law works in practice, what rights and obligations apply, and when specialist legal advice is required.
These FAQs apply across our core practice areas and are intended to provide clarity before you decide on your next legal step.
Clients choose us because:
• We specialise in landlord and tenant law, housing disrepair and litigation
• Every case is handled by a qualified solicitor
• We focus on accuracy, strategy and risk management
• We provide clear, decisive legal advice
• We act promptly in urgent matters
If you require advice on a landlord and tenant dispute, housing disrepair claim, eviction matter or civil litigation issue, contact Knights & Shah Solicitors for expert, solicitor-led guidance.
What is housing disrepair?
Housing disrepair refers to defects or conditions that make a property unsafe, unhealthy or unfit for occupation, including damp, mould, leaks, heating failures or structural issues.
Is a landlord responsible for repairs?
Yes. Landlords have legal duties to keep properties safe and in repair, regardless of tenancy wording.
Can tenants claim compensation for disrepair?
Yes. Tenants may be entitled to compensation where disrepair affects health, safety or enjoyment of the property.
Does a landlord have to protect a tenant’s deposit?
Yes. Deposits must be protected in an authorised scheme and prescribed information provided within statutory time limits.
What happens if a deposit is not protected correctly?
Failure to comply may invalidate eviction notices and expose the landlord to financial penalties.
What is an injunction?
An injunction is a court order that restrains or requires specific conduct, often used in cases of harassment, nuisance, or serious tenancy breaches.
When are injunctions used in housing cases?
Injunctions are used where immediate legal protection is required and waiting for full possession proceedings would be inadequate.
How can a tenancy be legally ended?
By expiry of a fixed term, valid notice, surrender by agreement or court possession proceedings.
Does serving notice automatically end a tenancy?
No. If a tenant remains in occupation, a court order is required.
What is civil litigation?
Civil litigation involves resolving disputes through the courts where parties cannot agree, including housing disputes, debt claims and contractual matters.
Do all disputes go to court?
No. Many disputes are resolved through negotiation or settlement, but court proceedings may be necessary where resolution is not possible.
How are legal costs charged?
Costs depend on the type and complexity of the matter. Some cases involve fixed fees; others are charged based on work required.
Can the court order the other side to pay my legal costs?
In some cases, yes. Cost orders depend on the court track, conduct of the parties and outcome of the case.
What evidence is important in housing and litigation cases?
Tenancy agreements, notices, rent schedules, correspondence, photographs, inspection reports and witness statements are commonly required.
Why do cases fail in court?
Most failures arise from procedural errors, invalid notices, poor evidence or missed deadlines
Landlords must maintain their properties in a safe, livable condition. This includes ensuring that structural elements, heating, water, gas, and electrical systems are functional. If you’re a tenant facing persistent disrepair, you may have grounds for a legal claim against your landlord.
Tenants should first report the disrepair in writing and allow the landlord reasonable time to fix the issue. If repairs are still not completed, tenants may seek compensation through legal action, especially if the disrepair affects health and safety.
Under current UK law, the eviction notice period can vary. For most tenants, landlords must give two months’ notice for a Section 21 eviction, while Section 8 evictions for breaches, such as unpaid rent, may require different notice lengths. Understanding your rights can help you navigate this process smoothly.
A Section 8 eviction notice applies when a tenant breaches their tenancy agreement, such as failing to pay rent. This legal route requires landlords to provide specific notice periods and justify the eviction in court, depending on the breach severity.
In the UK, all tenancy deposits must be protected within an approved scheme. This ensures fair handling of deposit disputes. Landlords who fail to protect deposits may face legal penalties, including compensation for tenants.
Yes, landlords can deduct for damages beyond fair wear and tear. However, deductions must be documented and reasonable, covering repairs or replacements for any significant damage caused by the tenant.
Under UK law, landlords must verify that tenants have the legal right to reside in the UK. Failure to perform Right to Rent checks can result in fines. This verification typically includes checking passports or visas for foreign nationals.
Personal injury claims may compensate for physical injuries, psychological trauma, and lost earnings. If you’ve suffered due to someone else’s negligence, consulting with a solicitor can clarify your rights and the claim process.
Yes, you may still be eligible for compensation under the concept of contributory negligence. While your settlement may be reduced proportionally to your responsibility in the incident, you can pursue a claim if another party was also at fault.
We offer a full range of immigration services, including visa applications, skilled worker sponsorship, family reunification, permanent residency advice, and business immigration solutions. Our experienced team helps clients navigate the complexities of UK immigration law to achieve residency and citizenship goals.
Landlord-tenant mediation is an alternative dispute resolution method, helping landlords and tenants resolve issues like rent arrears or maintenance disputes without going to court. Mediation can save both parties time and money, and agreements reached are often more amicable and sustainable.
Hiring a solicitor can be invaluable when facing complex eviction cases, especially if they involve significant rent arrears, tenant rights disputes, or compliance with eviction laws. A solicitor will ensure all legal procedures are followed, preventing costly errors and helping you secure a favorable outcome.
In a periodic tenancy, the landlord’s obligations to maintain the property in a safe, livable condition remain the same. They must uphold repair duties, ensure safety compliance, and give the appropriate notice period if they wish to end the tenancy.
If a landlord attempts to evict a tenant without following proper legal procedures, the tenant can seek help by contacting their local council or a solicitor specializing in housing law. Illegal eviction claims can lead to compensation or even reinstatement of the tenant’s right to occupy the property.