Ownership & Property Disputes

Practice Area Specialist:

Steven Wood

Steven joined Stillwells in 2015 as a partner, bringing with him 18 years’ experience in the areas of civil and commercial litigation, dispute resolution and a niche specialism in housing and asset management work. Steven’s extensive experience has seen him litigate in County Court, High Court, Court of Appeal and various tribunals such as the First-tier Tribunal (Property Chamber) - acting for clients in a number of significant high profile cases.

Disputes relating to property can often be very distressing – particularly when involving parties who live or work within close proximity. Stillwells’ philosophy is to try and help clients resolve issues amicably outside the court arena where possible to avoid unnecessary time and expense.

Should an issue not be resolved through alternative means, Stillwells is also highly-experienced in representing clients in court for ownership and property-related disputes. The types of disputes we are able to assist clients with include:

Boundary disputes, e.g. a neighbour installing a new fence without consultation, housing extensions or overhanging shrubbery.
Rights of way disputes, e.g. disagreements about uses of shared driveways and common access paths.
Neighbour disputes, e.g. nuisance neighbours
Landlord and tenant disputes relating to Assured Shorthold Tenancies (ASTs)

Recommended in the Legal 500, Stillwells pride themselves in providing a high quality service, with all clients benefitting from direct contact with the senior solicitor who be handling the case personally. We work hard to keep you updated throughout each stage of the process and are on hand should you have any questions.

Frequently Asked Questions

What is an assured shorthold tenancy?

An assured shorthold tenancy has been the default form of residential tenancy in England and Wales since 28 February 1997. It is a form of assured tenancy with limited security of tenure, meaning that is relatively simple for a landlord to regain possession. The majority of assured shorthold tenancies are for a fixed term, usually six or twelve months. At the end of the fixed term, if the tenant remains in the property and no new agreement is entered into, the assured shorthold tenancy continues on the same terms and conditions but is referred to as a ‘statutory periodic tenancy’.

What is a tenancy deposit?

Most private landlords require tenants to pay a tenancy deposit, which provides security for the landlord against damage to the property or financial loss due to unpaid rent.

What does the law require regarding tenancy deposits?

Landlords are required to:

Protect in a government-backed scheme any tenancy deposit paid by an assured shorthold tenant;
Provide the tenant with information (known as ‘prescribed information’) about the scheme used; and
Give the tenant a copy of the deposit protection certificate, signed by the landlord.

This must be done within 30 days of the landlord receiving the deposit.

What happens if the deposit is not protected?

There are two consequences for landlords who fail to comply with the deposit protection requirements:

The landlord can be ordered to pay compensation to the tenant of up to three times the amount of the deposit; and

The landlord’s ability to terminate the tenancy using a section 21 notice (see below) is restricted until the law has been complied with or the deposit has been returned to the tenant.

What else must a landlord do at the start of the tenancy?

In addition to complying with the deposit protection regulations, there are other legal requirements for landlords to comply with at the commencement of the tenancy and before a section 21 notice can be served. The tenant must be provided with: (a) the Energy Performance Certificate for the property; and (b) a current gas safety certificate. Absent this, no section 21 notice can be served. Further, the landlord must have given the tenant the Department for Communities and Local Government booklet ‘How to Rent: the checklist for renting in England’. The booklet can be provided in hard copy or, where the tenant has given an email address for service of notices, by email. Once the landlord has complied with this requirement it is not required to supply a further copy each time a different version is published during the tenancy. This requirement to provide the prescribed information does not apply: (a) where the landlord is a private registered provider of social housing; or (b) where the tenancy is a replacement tenancy, the information was provided under the earlier tenancy and the version of the information provided under the earlier tenancy is the same version that is in effect on the first day of the new tenancy.

How is an assured shorthold tenancy terminated?

In addition to the grounds of possession available for assured tenancies, the landlord is able to serve what is known as a ‘section 21 notice’ requiring possession of the property without there being any element of fault on the part of the tenant.

Is there a set form of section 21 notice?

There is a prescribed form of section 21 notice which must be used for all assured shorthold tenancies starting on or after 1 October 2015; this form may also be used for existing tenancies.

What is the end date for a section 21 notice?

Until recently calculating the end date for a section 21 notice was a real headache, especially when the notice was served to terminate a statutory periodic tenancy. A recent change in the law has removed the need for any section 21 notice for property in England to expire on the last day of a period of the tenancy. This means that a landlord only needs to give two months’ notice (assuming, of course, a weekly or monthly rent period).

Are there time limits in relation to section 21 notices and proceedings?

For property in England:

A section 21 notice cannot be served in the first four months of a tenancy or, in the case of a replacement tenancy, within four months beginning with the date on which the original tenancy began;
Proceedings for possession cannot be commenced after the end of the period of six months beginning with the date on which the section 21 notice was given;
Where a section 21 notice has been served and the date in the notice is more than two months after the date the notice was given, proceedings for possession cannot be commenced after the end of the period of four months beginning with the end date specified in the notice.

Put simply, a landlord can no longer serve a section 21 notice at the commencement of the tenancy and leave it in place for the duration of the tenancy.

Does the landlord have to repay rent where the tenancy ends before the end of a period?

Usually, yes. An assured shorthold tenant of property in England is entitled to a repayment of rent from the landlord where: (a) as a result of the service of a section 21 notice the tenancy is brought to an end before the end of a period of the tenancy; (b) the tenant has paid rent in advance for that period; and (c) the tenant was not in occupation of the property for one or more whole days of that period. There is a set formula for calculating the amount of the repayment. The court must order the landlord to repay the relevant amount if it has not already been repaid by the date when the court makes an order for possession under section 21.

What is retaliatory eviction?

Retaliatory eviction is when a landlord evicts a tenant for asking for repairs to be carried out or for complaining about poor housing conditions. It is most common with assured shorthold tenancies which, as stated above, are relatively easy to terminate.

What does the law do to prevent retaliatory eviction?

The law restricts a landlord’s ability to rely on a section 21 notice in respect of an assured shorthold tenancy if a tenant has made a written complaint to the landlord regarding the condition of the premises or common parts and the landlord has not responded (or its response is inadequate) and it then serves a section 21 notice. The tenant can complain to the local housing authority, which can serve various types of enforcement notice on the landlord. If the local housing authority does this, the landlord cannot serve a section 21 notice within six months of the date of service of the enforcement notice. The provisions do not apply where:

the tenant is in breach of their duty to use the premises in a tenant-like manner or an express term of the tenancy agreement to the same effect;
the premises are genuinely on the market for sale;
the landlord is a private registered provider of social housing; or
the premises were mortgaged before the grant of the tenancy and the mortgage lender wishes to exercise its power of sale and requires vacant possession.

Individuals & Families

Hanah picked up our file quite late on and did a brilliant job making sure we completed on our house before the deadline. We found her to be very efficient and easy to deal with and wouldn’t hesitate in recommending her to others or using again. Thanks again.

Rory Aram
20th September 2021
I cannot speak highly enough of Hanah and her team at Stillwells. I have moved house 4/5 times in the past ten years and this is the first time I have used Stillwells. From the very outset, their process is very smooth and their communication swift and clear. They are easily accessible by phone and email (which is rare in the conveyancing world!) and respond to queries very quickly. It was unfortunate that the property we were initially buying fell through and we had to start the process again but this was no trouble for Hanah and she started acting on the second property at pace (also there was no fee except from searches carried out for that work to date). All in all, Stillwells really did take the pain out of what is usually a very stressful time indeed. I would have absolute pleasure in recommending Hanah & her team to anyone and will use them again should I move.

Carl Battle
28th August 2021
My partner and myself have recently used Stillwells for purchasing our first home and could not recommend them enough. Hanah Wright and her team, Lin and Trudy, were incredibly quick and responsive throughout the process, making it much easier than we had ever anticipated! We were always able to get in touch with them team, who very friendly and professional. We would definitely use them again!

Nadia Moss
8th June 2020
This is the third house acquisition that Hanah and her team at Stillwells have worked on for us over the last seven years and as always the service has been absolutely first class! Hanah and the Team are extremely professional, working tirelessly to cover every angle, communicating consistently throughout. I cannot recommend Hanah and the Team enough!!

Matthew Webber
6th April 2021
This was the third time we bought a house and was cautious initially after quite negative experiences with previous house sales and purchases. We choose Stillwells LP due to the reviews online and it was the best decision we made in this whole process. Georgia Fergusson and Holly Brookes have been fantastic throughout the whole process. We really could not ask for more. We started the legal work on a sale and purchase towards the end of 2020, with a concern of not completing by the 31 March stamp Duty deadline. In the end the whole process just took around 12 weeks and this included the Christmas holidays and through lockdown. We were always left feeling very confident that any queries we had, emails were responded almost straight away. Communication is so important through conveyancing and not once did we feel like we didn't know what was going on with both our sale and purchase. If we were ever to move again, then we would always choose Stillwells LP and Georgia as our solicitor. Thank you so much for the fantastic service you have provided to us. Tara and Mike.

Tara Power
27th January 2021
Despite my leasehold property being on the market for 2 years and unfortunately 2 offers falling through (due to buyers not having mortgages or funds in place) I have been extremely pleased with the service I received from Stillwells. From the outset Georgia and her assistants Holly and Emma have been very helpful and supportive, as I was unsure of the whole selling process, especially as it is leasehold. They kept me updated and answered all my queries promptly. When I made the decision to withdraw from the market and not sell, Georgia and her team were understanding and concluded everything with no further cost to me. I was very appreciative of this. The reason why I chose Stillwells in the first place is because I read on their website that they have members with experience in leasehold properties. I will certainly recommend Stillwells.

Penny B
25th October 2020
We cannot recommend Solicitor Georgia Fergusson and Stillwells Law highly enough when it comes to moving home! The conveyancing process was incredibly straight forward and efficient from start to finish. All communication was clear and concise with any questions answered immediately. Georgia along with her colleague Holly made our lives that bit simpler during a stressful time. We can’t thank you enough!

Andy Young
2nd December 2020
A huge thank you to Georgia who helped us buy and sell! She was very responsive, helpful and professional. I’ll be recommending her services to friends and family. We’re now in our new place and very happy! Thank you!

Pranita Rajo
10th November 2020
The service we received from Georgia was exceptional. We were kept informed at all stages of our purchase. When required Georgia was persistent in Gaining all the information that was required, even to the point of working late at home. E-Mail response was very prompt with all the relevant documentation attached for your information and records. The personal touch was valued and I feel an important part of the service we received. I would highly recommend Stillwells especially if all the staff treated their clients the way we were treated.

Philip Waite
26th March 2021
Georgia has been absolutely fantastic in our recent house sale! Was never made to feel a bother, with worries or questions we had. Always super friendly and professional!

Lottie P
15th July 2021