How To Avoid Lease Disputes

Leases often contain conditions, which many tenants are not even aware they exist

. This means that tenants and their landlords often find themselves in a dispute. This article looks at the most common areas of dispute and why it is important for a tenant to know the conditions of his lease well.

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. If you are planning on decorating your property and making it feel like home, then you must then check your lease for decorating conditions. 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 you then vacate the property, take photographic evidence of every room and make sure that you are leaving it in an acceptable condition. 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. It is always best to try to reach an amicable agreement first by discussing things with your landlord. However, if this is proving fruitless then seek legal advice from an experienced leasehold solicitor immediately.

by: Tim Bishop

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