Resolving a Breach of Tenancy Agreement: Guide for East London Landlords

For landlords, dealing with a breach of tenancy agreement can be frustrating, especially for more serious breaches such as not paying rent or causing damage to the property. It is important that you handle any tenancy breaches under the regulations set out for landlords to avoid unwanted outcomes including fines or difficulties with evicting tenants.

If you are a landlord in east London areas including Camden, Croydon and Romford, this guide to resolving tenancy breaches will help to ensure you follow the rules and provides tips on how to reach a faster, amicable resolution.

What is a breach of tenancy agreement?

A breach of the tenancy refers to any actions that a tenant or landlord has or has not taken that results in breaking the agreements set out in the tenancy agreement. Tenancy agreements are legally binding documents that include the rights and responsibilities for each party. If either party does not meet their responsibilities laid out in the tenancy agreement, they have breached the terms of the tenancy agreement.

Common tenancy breaches by a tenant include non-payment of rent, causing damage to the property, ether deliberately or through neglect, and anti-social behaviour.

Want to know more? Understand how the tenancy deposit dispute process works and find out how to check your tenants’ right to rent in East London.

What laws & rules cover tenancy agreement breaches?

There are several sets of legislation that include rules around tenancy breaches, such as:

• The Housing Act 1988
• The Landlord and Tenant Act 1985
• The Housing Act 2004
• Environmental Protection Act 1990

In addition to these regulations, the upcoming Renters’ Rights Bill will introduce new rules, including changes to eviction processes, which we cover in more detail further on in this article.

Does the law treat different tenancy agreement breaches differently?

Yes, the law treats different types of breaches differently depending on how severe they are deemed to be. For example, a one-off missed rent payment is not classed as severe as persistent missed payments.

The grounds for eviction are split between mandatory and discretionary grounds. If a tenancy breach meets mandatory grounds for eviction, the court must grant possession. However, for discretionary grounds, the courts decide on the outcome.

As an example, the Ground 8 serious rent arrears is a mandatory ground, and the courts are required to grant possession as long as evidence is provided of the breach and if the landlord has followed all the correct steps.

How do I respond to a breach of tenancy agreement by the tenant?

How a landlord should respond to a breach will differ depending on the severity, but it is important that landlords communicate professionally and calmly. These are the recommended steps to follow:

1. Investigate the breach and check evidence

The first step is to investigate the breach. For rent arrears, you should check the payment terms in the tenancy agreement and collect evidence of any previous late payments and arrears.

If a neighbour has reported antisocial behaviour or illegal activity, ask for details such as dates and times and a description of the behaviour. For property damage breaches, check the inventory and the photos and video evidence that you collected at the start of the tenancy.

2. Contact the tenant

Evicting tenants will usually be a last resort, so it is generally within your best interests to try and reach an amicable resolution with the tenant, unless the breach is particularly serious and you wish to take legal action.

Contacting the tenant informally to query the breach may be enough to resolve the situation. For example, a missed payment could be an oversight that quickly gets resolved or you could agree a payment plan.

Landlords are not permitted to access the property without providing 24 hours’ written notice to the tenant and will require permission to enter, even if there is a suspicion that the property has been damaged.

3. Write a formal letter

If you are unable to reach an amicable solution by taking the informal approach, then the next step is to write a tenancy breach letter. The letter should include details of the breach, a reference to the section of the tenancy agreement that it breaches and any evidence you have.

You should include actions that are required to resolve the breach and explain what further action you may need to take if a resolution is not found, such as serving a Section 8 eviction notice or taking a deduction from the tenant’s deposit.

Can you take legal action against a tenancy agreement breach?

Yes, if the breach meets the grounds for eviction, you can serve a Section 8 notice or Section 21 notice if you think it is necessary to evict a tenant. You may want to seek legal advice if you go down the eviction notice route, as the processes can be complicated and you need to provide the correct notice.

The rules around evictions are set to change under the Renters’ Rights Bill, including changes to the amount of notice required for the mandatory grounds based on rent arrears.

What happens if a landlord breaches the tenancy agreement?

If the landlord breaches the tenancy agreement, such as not putting the tenant deposit into an approved deposit protection scheme, failing to carry out repairs or harassing the tenant, the landlord could face fines or banning orders.

In some cases, tenants can apply for a rent repayment order of up to 12 months’ rent, so it is extremely important that you understand your legal responsibilities as a landlord.

Want to find out more? Read about what periodic tenancies mean for East London landlords and discover how to get a landlord licence in Newham.

How will tenancy agreement breaches change under the Renters’ Rights Bill?

Major reforms in the private rented sector are on the way, with the Renters’ Rights Bill close to being introduced. One of the key changes is that Section 21 evictions will be abolished and the only way that landlords will be able to evict tenants will be by serving a Section 8 notice.

The grounds for Section 8 evictions are being amended, which will impact how landlords deal with tenancy agreement breaches. For example, the notice period required for many grounds will be increased from 2 weeks to 4 weeks. Also, the mandatory threshold for Section 8 rent arrears will extend from 2 months to 3 months’ rent arrears.

Another key change is the end of assured shorthold fixed term tenancies, as all tenancies will be periodic, rolling from month to month or week to week.

Know how to handle a breach of tenancy agreement?

If you are looking for support with managing your rented property and complying with the new regulations, please get in touch. We provide expert lettings services to landlords in Forest Gate, Ilford, Redbridge and surrounding areas of east London.

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