August 2025
AMD’s Martin Hall, Head of Civil Litigation
As rents continue to rise and demand for rental properties continue to increase, disputes between landlords and tenants are becoming more and more frequent.
We at AMD Solicitors are frequently instructed to deal with such disputes and set out below the answers to the questions we are most frequently asked.
The Renters (Reform) Bill is currently in the final stages of its passage through the House of Lords. It is expected to become law upon receiving Royal Assent, with implementation anticipated in the coming months or by early 2026.
However, as the bill has not yet become law, we address below the position as the law currently stands.
Most frequent questions from Landlords
My tenant isn’t paying rent – can I evict them?
There are two options for landlords, serving a section 8 notice or a section 21 notice. It is typically not worth serving a section 8 notice unless the tenant is in arrears by at least two months, as the Court does not have to order possession and has a discretion.
If the tenant is two months in arrears, while you only need to give the tenant 14 days notice before issuing legal proceedings, the tenant may seek to defend the claim or even bring a counterclaim in response to seek to set off the arrears.
However, the service of a section 8 notice does allow for the recovery of rent arrears, which cannot be recovered by service of a section 21 notice.
Can I evict my tenant by serving a s.21 notice?
You cannot serve a section 21 notice earlier than 4 months into the tenancy, and they are only valid for 6 months. In order to serve a section 21 notice, the landlord must, prior to service of that notice:
- Have provided the tenant with the How to Rent guide, EPC Certificate and Gas Safety Certificate, ideally at the start of the tenancy;
- Protected any deposit paid by the tenant by placing the deposit in an authorised tenancy deposit scheme within 30 days of the start of the tenancy.
Most frequent questions from Tenants
My landlord hasn’t protected my deposit – what can I do?
Where the landlord has either protected the deposit late or not at all, the tenant can bring a claim for compensation. The Court must order the landlord to pay between 1 and 3 times the deposit.
The property is in disrepair – does my landlord have to carry out and pay for the repairs?
The tenancy agreement will usually contain clauses as to the repairs the landlord needs to carry out. However, where this is not the case, section 11 of the Landlord and Tenant Act 1985 requires the landlord to carry out certain repairs.
The above should not be taken as legal advice. If you are a tenant or landlord and need assistance, please contact Martin Hall Head of Civil Litigation on 0117 973 3989 who will be able to advise you more fully, email info@amdsolicitors.com or call into one of our four Bristol offices.
