Understanding what constitutes a breach of a tenancy agreement is crucial for the Landlord and the Tenant. Breaches in these agreements can lead to various consequences such as: potential legal claims, damaged relations and even eviction. When signing one of these agreements, you must ensure you read it and understand all the terms before you finalise it to avoid any breaches. Here is a closer look at the various ways a Landlord can intentionally or unintentionally breach the terms of a tenancy agreement and the implications.
How can a landlord breach a tenancy agreement?
The Landlord could break a tenancy agreement by doing several things. If a Landlord was to do anything contrary to the terms stated in the tenancy agreement, it would amount to a breach of the agreement. Common examples of this include:
- Incorrect Rent Increases: If a Landlord were to increase the rent before the date designated in the agreement or fails to provide the correct notice, this can amount to a breach.
- Prematurely Ending the Tenancy: Terminating the tenancy before the agreed-upon date in the tenancy (break date) or giving incorrect notice is another common way a tenancy can be breached. This one can apply to both Landlord and Tenant.
- Unauthorised Access: Entering the property without providing the Tenant the required notice and cause a breach and violate their right to quiet enjoyment.
- Unannounced Viewings: Allowing viewings at the property without providing sufficient notice can also cause a breach of the agreement.
3 Ways that a landlord can breach a tenancy agreement
Breaches don't just occur through the Landlord's direct actions, they can also occur by their failure to perform their obligations outlined in the tenancy agreement. Some key examples include:
- Neglecting Safety Records: Failure to renew the gas safety certificate can amount to a serious breach of the tenancy. It can also negatively affect a Landlord's chances if they were to do a possession claim of the property.
- Inadequate Repairs: If the Landlord fails to do the necessary repairs they are obligated to do under the tenancy agreement this would cause a breach. There are further repair duties on a residential Landlord inferred by law as they must ensure the property is fit for occupation.
- Insurance Oversights: Failing to renew insurance policies required in the tenancy can put a Landlord in breach of their obligations.
When is it acceptable for a Landlord to breach the tenant's right to quiet enjoyment?
Every Tenant has the right to quiet enjoyment at their property. This means they should be able to live in the property without the disturbance of the Landlord or their agents. The Landlord should never breach this right unless in situations expressly stated in the tenancy agreement. For example, if the tenancy agreement included a clause to allow the Landlord to enter the property without consent in emergencies.
How can WSP Solicitors help if your landlord has breached the tenancy agreement
If you're a Tenant and you believe the landlord has breached the tenancy agreement, we can help! Our experienced Civil Litigation solicitor Elizabeth Watt could be able to assist you. You will need to either, submit an enquiry to our firm using the online submission portal or call our reception. From there the enquiry will be picked up by our Civil Litigation team and they will be in touch. They will need, a quick rundown/the background of the situation, the names of the parties involved and a copy of your tenancy agreement. On the back of that, they will be able to provide you with a quote for the work they can undertake.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.