Whether you’re a commercial or domestic landlord, sadly you may have to deal with a troublesome tenant at some point.
In this blog, we give you practical tips for resolving disputes, advice to protect your rights, and suggestions to prevent issues from occurring.
Keep detailed records
Regardless of the dispute you’re facing with your tenant, it is always advisable to keep diarised records of all communications and evidence related to the issue.
This could include documenting telephone conversations by emailing the tenant (after the call to set out the matters discussed), screenshots of messages, photo evidence of incidents (such as damage caused to the property by the tenant), and copies of emails. Some councils can provide a template incident diary.
Communication is key
Remember to always communicate calmly, no matter how distressed you may be. Evidence may be needed by the police or in court, so it will help you if you’ve remained professional throughout.
Make sure you explain the breach of terms clearly to the tenant so they can’t state that a lack of understanding contributed towards any continued wrong behaviour.
How to deal with some common issues landlords face
– Rent arrears
If a tenant pays their rent late, or misses payments, you should try to discuss the situation as soon as possible to agree a sensible way forward and make a plan with them to pay the outstanding money. If there is a guarantor, include them in any discussions at this stage.
Tenants might be able to get help from Citizens Advice, Shelter or StepChange, and, if they’re considered vulnerable (e.g. they’re disabled or a single parent), advice and support may be available from the local authority housing department.
Mediation is also an option if you’re unable to resolve the situation.
It’s essential that landlords explore every possible option before eviction takes place.
– Antisocial behaviour
Antisocial behaviour is behaviour that causes, or is likely to cause, harassment, alarm or distress to other people. It applies to your tenant, anyone residing with them, and any pets living at the property.
Criminal and non-criminal behaviour can be classed as antisocial, including:
- Tenants and pets causing a nuisance to neighbours, including noise;
- Verbal abuse, harassment and threats;
- Drug use or drug dealing, including discarding syringes or needles;
- Graffiti and vandalism;
- Fly-tipping and littering.
Try to resolve the issue with the tenant directly if it is safe to do so, giving specific examples. Always ask permission from anyone who has raised a complaint before using their grievance as evidence. If they can be easily identified, it might make matters worse for the complainant, so this is best avoided.
If it is unsafe to approach the tenant, you can speak to your local council or report them to the police.
Remember, that if neighbours report frequent arguments between adults, this could be domestic abuse. Similarly, children making frequent noise could be a sign of neglect or a safeguarding issue. Ring 999 and seek help from the police if you fear someone is in immediate danger.
– Property damage
As a landlord, you are responsible for ensuring damage is repaired that is caused by fair wear and tear or by accident, such as an aged item breaking. But if your tenant causes damage through irresponsibility or neglect, they should repair the damage or pay for it to be rectified.
You will need to find and record evidence of any damage you believe to be the tenant’s fault with photos and detailed notes during your assessment. Compare the damage to the original state of the property as outlined in your inventory list.
If you believe the tenant is responsible for putting right the damage, present your evidence to them. If they don’t agree to repair the damage themselves, or pay for it to be repaired, you can:
- Deduct the payment from their deposit, with their permission;
- Take them to small claims court. This may be necessary if the deposit is insufficient to cover the cost;
- Evict the tenant if the situation escalates or you are unable to resolve it.
Ending the tenancy
How to remove your tenant from your property depends on the type of tenancy. Broadly speaking if you wish to end the tenancy, where the tenant is at fault, you will need to:
- Give the correct amount of notice to your tenant. This is usually four months if the tenant is not at fault, but may be shorter if they are;
- Explain the grounds for them having to leave the property. This could be because you want to sell it or because they haven’t fulfilled the terms of the tenancy agreement in some way. Include evidence if appropriate, such as rent arrears or antisocial behaviour.
Remember to keep proof of the notice and grounds you give your tenant, either by filling in a Form N215 form or by writing ‘served by (your name) on (date)’ on the notice.
If the tenant hasn’t left by the end of the notice period, you can apply to the court to have them evicted.
Evicting tenants with a section 8 notice
If the tenant hasn’t moved out by the specified date, you will need to apply to the court to evict them using a section 8 notice.
Please note that a section 8 notice is now the primary method of repossession as section 21 notices, which were for no-fault evictions, were abolished at the end of April 2026. Section 8 notice grounds have been expanded after 1 May 2026 to include situations that landlords may have previously used a section 21 notice previously, such as an intention to sell the house.
A section 8 notice is issued under the Housing Act 1988, which allows landlords to end tenancies early. They must be based on one or more of the 20 mandatory or 17 discretionary legal grounds:
- Mandatory grounds are cases of serious breaches or misconduct, such as rent arrears (more than 3 months), antisocial behaviour or the tenant not having a right to rent a property;
- Discretionary grounds are cases of minor breaches or misconduct, such as some rent arrears, late payment of rent or damage to furniture provided by you.
The notice period depends on the grounds and varies from:
- Immediate if the tenant has committed serious antisocial behaviour, are using the property for illegal or immoral purposes, or they are being a nuisance to neighbours
- One month if there are more than 3 months’ worth of arrears of rent
- Four months if you or a family member wishes to move into the property or if you wish to sell the property
It’s important to get the notice period correct, as well as explaining the ground being relied upon in full and how it applies to the tenant’s situation, to lessen your chances of the court dismissing the notice. The tenant can challenge the notice by presenting a defence or asking the court for more time to vacate the property.
Going to court can be a lengthy and expensive process, so it’s important to seek legal advice to increase your chances of a favourable outcome.
Protecting yourself prior to and during the tenancy
As the saying goes, prevention is better than cure. So, we want to ensure you know that laws for renters changed significantly in May with the introduction of The Renters’ Rights Act 2025.
The new Act introduces the biggest change to private rental law for over 35 years, so it’s important that you understand how the changes will affect you; otherwise, your rights may not be protected in the event of a dispute.
We covered the updates in detail in our blog ‘The Renters’ Rights Act 2025: What it means for landlords and tenants’ but the main changes you need to know as a landlord are in relation to:
- Reclaiming your property;
- The amount of rent you can charge upfront, how often you can raise it and engaging in rental bidding;
- Stronger local authority enforcement;
- A new database;
- Discrimination against prospective tenants;
- Housing standards;
- A new Private Rented Sector Landlord Ombudsman;
- The abolishment of Assured Shorthold Tenancies (ASTs).
Other ways to prevent disputes and protect your rights
- Screen prospective tenants by asking for references;
- Employ an experienced letting agent to act on your behalf. They are able to carry out credit checks, check ID documents, and check your prospective tenant’s income;
- Right to rent checks ensure tenants are aged 18+ and are legally entitled to live in the UK;
- Ensure you maintain your property as per your agreement, as lack of maintenance can be used as a reason not to pay rent;
- Have a legally binding tenancy agreement drawn up prior to letting;
- Record a detailed inventory of what is included and the condition of the property when the tenant moves in;
- Regularly inspect your property to look for damage.
How AGR Law can help you
It’s imperative to get advice from an experienced solicitor from the very beginning.
Tenancy law is a complex area, now more than ever, and a legally binding tenancy agreement, outlining the terms and conditions of your agreement and each party’s rights and responsibilities, can protect your interests.
If a dispute occurs, or you wish to take back possession of your property, we will protect your rights and assist you to resolve the issue amicably at first. If this is not possible, we can support you with court notices and provide strong representation.
This is particularly important in cases where you need to evict a tenant because if the process goes wrong at any stage, you will need to start again. Also, landlords could be found guilty of harassing or illegally evicting tenants if the correct procedures are not followed. This is a criminal offence that can lead to a fine and/or a prison sentence.
Call us on 0116 340 0094 or email hello@agrlaw.co.uk for more information.
