This article discusses the areas in which tenants often conflict with their landlord and a dispute over the lease then arises. It is really important that tenants are fully aware of all the conditions attached to their lease and therefore do not find themselves in breach. Due to this, if you are thinking about entering into a leasehold agreement, then seek specialist legal advice to ensure you get what they bargained for.
Lease Conditions
Most leases will contain a set of conditions, which the tenant must abide by. These are an important area of negotiation prior to commencing the lease. You will of course have a condition, which details your rent repayment scheme. If you fail to produce a repayment then under the agreement you will be liable to pay additional interest as per the contract rate.
Disputed leasehold conditions normally concern maintenance, repairs and decoration. For example if you want to make the rented property your own and thus want to decorate throughout, it is no good if your lease agreement has a condition that prevents decoration. Many of the conditions held within the lease will be at the discretion of the landlord, which means you must seek permission, therefore your relationship with your landlord is very important. Preserving a good working relationship with your landlord will help prevent numerous disputes over smaller matters in the future.
A sound maintenance condition is important when negotiating the lease agreement. Don't get caught out paying a heavy service charge to a landlord who rarely does any maintenance to the property. This is a common area of dispute and can often be avoided if more thought goes into the drafting of the maintenance provision. Disagreements can also be avoided by utilising rights such as the 'Right to Manage' in which a tenant or group of tenants manage their own property and freehold interest and thus do not pay a maintenance charge to the landlord.
Deposits
This is probably one of the most contentious areas of lease agreements. Essentially most tenants will pay over a deposit to the landlord which is then returned when the lease ends and the property is returned in a satisfactory condition. However many disputes arise over charges taken from deposit monies by the landlord, of which the tenant is unable to fight as they have not protected themselves adequately.
When taking on a new lease a schedule of condition for the property should be drawn up and agreed by both the tenant and landlord. The makes sure that no prior damages can be laid at your door. When leaving the property, take photos throughout to prove that you have left it in good condtion. If the landlord then comes back to you with a complaint, which you do not agree with, you should have evidence to back your defence.
Find out who according to the lease is responsible for appointing a professional cleaner when you leave the property. This is something, which the landlord may also try to take from your deposit money. If it is your responsibility to pay for a cleaning service, then go out and find a professional cleaner at a reasonable price to make sure you get the best deal. Anything booked and paid for by the landlord you should ask to see the invoice before you agree to pay any reimbursement monies.
On a more general note re-read the lease agreement to ensure that you have not breached any of the specified conditions. If you have done so the landlord may be able to deduct compensatory monies from your deposit.
If you do encounter a dispute with your landlord do not leave it until it becomes irreparable. Try to talk to your landlord in order to preserve your relationship and come to an amicable agreement. However, if this is proving fruitless then seek legal advice from an experienced leasehold solicitor immediately.