Renting out your property
Settling disputes
You can often sort out disputes with your tenant without going to court:
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Speak to your tenant about your concerns.
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If this does not work, write a formal letter setting out the problem.
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Use a mediation service, which is usually cheaper and quicker than going to court.
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As a last resort, seek independent legal advice to take your tenant to court.
There are different rules for:
- settling disputes in Scotland
- settling deposit disputes and other issues, such as rent and repairs in Northern Ireland
If a tenant damages your property
If you take a deposit from your tenant, you must protect the deposit with a government approved Tenancy Deposit Protection (TDP) scheme.
If your tenant damages the property, you may keep some or all of the tenancy deposit to cover the cost of repair.
Talk to your tenant about how much you are planning to keep. If you and your tenant agree on how much money should be taken from the tenancy deposit, you may take this from the deposit at the end of the tenancy.
If you and your tenant cannot agree
If you cannot agree on how much money should be taken from the deposit, you can access free Alternative Dispute Resolution (ADR) offered by your Tenancy Deposit Scheme.
A decision will be made based on the evidence you and your tenant provide.
ADR can be faster and cheaper than going to court but you will need to go to court if you want to recover any costs.
Going to court
You can make a court claim if your tenant owes you money. For example:
- your tenant has not paid you rent
- you took a deposit from your tenant, they have caused damage and the cost of repairs is higher than the deposit
- you did not take a deposit from your tenant, they have caused damage and you want them to cover the cost of repairs
You cannot use this process to evict your tenant. Find out more about evicting tenants.
If the claim is for:
- less than £10,000, you’ll need to attend mediation
- more than £10,000, the court may offer you mediation
If you and your tenant cannot resolve the dispute through mediation, you will have to attend a hearing.
If you want your tenant to leave
If you want your tenant to leave your property, you can end the tenancy.
You need to follow specific rules to avoid harassing or illegally evicting your tenant.
Advice for disputes
You may be able to get free and confidential legal advice. Check if you can get legal aid if you’re in England or Wales.