Landlord & Tenant Lawyers – Legal Advice for Buy To Let Landlords, Freeholders and Investors
At Bonallack & Bishop, our landlord lawyers act for landlords in residential landlord and tenant matters. This ensures that our advice is always focused on protecting your property, your income and your long-term position as a landlord.
We advise:
- Private buy-to-let landlords
- Portfolio landlords and investors
- Freeholders and block owners
- Managing agents and letting agents
- Property developers
Our landlord lawyers act for clients locally across Salisbury, Andover, Amesbury and Fordingbridge -and throughout England and Wales
For FREE initial phone advice on any aspect of Landlord Law, just call our Lawyers on FREEPHONE 0800 1404544 now.
Landlord Lawyers – getting the right legal advice
Whether you’re just starting off with a single buy to let, or with if have a portfolio of residential or commercial property, there are going to be times when you have problems with tenants. And that’s where our specialist private landlord lawyers come in – with practical, cost-effective and commercial advice tailored to suit your individual circumstances.
And our team has the expertise you need. But don’t just take our word for it.
1. We are one of just three Law Firms nationwide formally approved by Progressive Property – the country’s leading property education business
2. We are also the only Landlord Lawyers recommended by the Buy to Let Property Group.
3. And we have a specialist team of 3 dealing with nothing but property disputes. And, what’s more, we are the only law firm recommended for property disputes by the HomeOwners Alliance.
Landlord Lawyers – How we can help you
- Adverse possession claim
- Assignments and sub-letting
- Block management disputes
- Boundary disputes
- Business lease termination and review
- Claiming rent arrears from former tenants
- Collective or leasehold enfranchisement
- Commercial Property Conveyancing
- Declaration of Trust (also known as Deeds of Trust) – which enable joint owners of a property with different levels of income to allocate rental profits to a spouse or civil partner to maximise potential tax savings
- Dilapidation disputes
- Tenant eviction – Acting exclusively for landlords in the eviction of residential tenants, and for both business landlords and tenants
- Ground rent disputes and debt recovery for rent arrears
- Guarantors
- Lease forfeiture and possession
- Licence to alter/Licenses for work
- Leasehold extension work.
- Lease option and land options.
- Purchasing land for development
- Repossession
- Right to manage.
- Service charge disputes – both recovering unpaid service charges and challenging excessive service charge demands
- Title splitting
Specialist lawyers for landlords and freeholders
Although, as you will see above, we provide a full range of legal advice for landlords, there are 2 areas where the firm has exceptional specialism:
- Acting for property investors. Within the firm we have set up a specialist team to act for property investors. The team includes specialists in residential and commercial conveyancing, leasehold issues, property disputes, landlord and tenant issues, commercial agreements (such as Joint Ventures and loan agreements) and a specialist property tax accountant.
- Lease extension and freehold purchase. The vast majority of property lawyers only come across lease extension, let alone enfranchisement, only occasionally. We have a specialist team dealing with nothing but lease extension and freehold purchase – and we complete around 500 lease extensions for both freeholders and leaseholders every year.
The Renters’ Rights Act 2025 – a fundamental shift for landlords
The Act, in force from 1 May 2026, represents the most significant reform of the private rented sector in a generation.
The key changes include:
- Abolition of Section 21 “no-fault” evictions
- Movement towards periodic (rolling) tenancies
- Greater emphasis on compliance and property standards
- Increased tenant protections
- A more evidence-based approach to possession
According to landlord solicitors at Bonallack & Bishop:
Landlords must now prove a legally recognised ground for possession supported by evidence; possession without reason is only available on a very small amount of cases, such as if you are selling the property or moving family into the property AND only if conducted correctly in accordance with the notice periods and processes set by the Government.
If a landlord relies on outdated processes, then possession claims are likely to fail or be significantly delayed.
Important: England and Wales operate different systems
The new regime applies only in England.
Landlords in Wales are governed by the Renting Homes (Wales) Act 2016, which has already introduced a different framework for occupation contracts, notice periods and possession.
What does the new law mean in practice?
The practical reality for landlords is clear:
- Regaining possession is more technical and there needs to be a reason.
- The process is more evidence-driven
- Mistakes are more costly
If a landlord cannot demonstrate compliance or prove the correct legal ground, then the court will refuse possession. However, it is actually more serious than that, under Section 15 of Renters Rights Act the landlord could be guilty of an offence if merely being reckless in relying on a ground for possession which has no basis. As such, it is important that Landlords seek legal advice to ensure that the ground they are relying upon is genuine and has a basis of claim for possession because, according to the Act, you would be guilty of an offence even if they left before the matter went to a possession claim by putting the wrong ground on the notice.
How landlords should prepare now
Landlords who prepare early will be in a significantly stronger position.
1. Review tenancy agreements and documents
You should ensure that:
- Tenancy agreements are up to date
- Rent review provisions are clearly drafted
- Prescribed information has been properly served
- Records are complete and accessible
If documentation is defective, then enforcement action may fail.
The Government has issued an information notice that is needed to be given to all current tenants. This will need to be provided to all current tenants by the Landlords.
2. Understand the new possession framework
Possession is no longer a procedural exercise.
If a landlord wants to recover a property, then they must:
- Identify the correct statutory ground
- Serve the correct notice
- Provide supporting evidence
If the wrong ground is used, or evidence is missing, then the claim may be dismissed and you may be guilty of a criminal offence.
3. Maintain full compliance and records
Landlords should maintain a clear and consistent audit trail, including:
- Gas safety and electrical certificates
- Inspection records
- Repair and maintenance history
- Tenant communications
If a landlord cannot prove compliance, then enforcement action becomes significantly more difficult but will depend upon the ground you are seeking.
4. Act early when problems arise
Early action is critical.
If rent arrears, anti-social behaviour or breaches occur, then:
- Evidence should be gathered immediately
- Advice should be taken before action is taken
- Delay should be avoided
If a landlord allows problems to escalate without action, then recovery of possession becomes more complex.
5. Take legal advice before serving notices
Serving the wrong notice-or serving it incorrectly-can invalidate the process.
Solicitors at Bonallack & Bishop regularly advise landlords on:
- Choosing the correct legal ground
- Ensuring notices are valid
- Avoiding procedural errors
Under the new legislation, it would be an offence to recklessly rely on a Ground for possession in a notice even if the tenant leaves within the notice period before a claim is issued.
What happens if a tenant does not leave?
A landlord cannot lawfully remove a tenant without a court order.
If a tenant remains in occupation after notice expires, then:
- The landlord must apply to the County Court
- The court must be satisfied that a valid ground exists
- Bailiffs may be required to enforce the order
Unlawful eviction can lead to financial penalties and potential criminal liability.
Section 21 has been abolished – what replaces it?
The removal of Section 21 is one of the most important changes brought in by the Renters’ Rights Act.
Previously:
- Landlords could recover possession without giving a reason
Now:
- Landlords must rely on specific statutory grounds
If a landlord wants possession, then they must prove one of those grounds-such as:
- Rent arrears
- Breach of tenancy
- Anti-social behaviour
- Intention to sell or occupy (subject to conditions)
- That they are intending to sell the property
- That they are passing the property to close family members.
This represents a fundamental shift from timing-based possession to evidence-based possession.
Can landlords still evict tenants for rent arrears?
Yes – but the process under the new Act must be followed carefully.
If a tenant falls into arrears, then:
- The correct notice must be served
- Evidence of arrears must be produced
- The court will determine whether the ground is satisfied
If arrears are not properly documented, then possession may be refused.
Can landlords increase the rent?
Rent increases are more regulated under the new system.
A landlord may increase rent:
- In line with a valid rent review clause; or
- By serving a statutory notice (typically once every 12 months)
If a landlord attempts to increase rent outside the permitted framework, then the increase may be challenged.
How often can rent be increased?
As a general rule:
- Rent can usually be increased once every 12 months in a periodic tenancy
If a landlord attempts more frequent increases, then they are likely to be invalid.
What is a licence to occupy?
A licence differs from a tenancy.
A licence:
- Does not grant exclusive possession
- Is a personal right to occupy
- Can usually be terminated on reasonable notice
If an arrangement is labelled as a licence but operates as a tenancy, then the court may treat it as a tenancy-with full statutory protection.
Court and tribunal proceedings
Not all landlord disputes are dealt with in the same forum.
- The County Court deals with possession claims and enforcement
- The First-tier Tribunal (Property Chamber) deals with matters such as service charges, leasehold disputes and property management issues
If a claim is issued in the wrong forum, then time and costs may be wasted. It may also result in the claim being thrown out by the court with adverse costs being awarded to the other party.
Tenancy deposits – legal requirements
Deposit protection remains a critical requirement under the Housing Act 2004.
Landlords must:
- Protect deposits within 30 days
- Serve prescribed information
If a landlord fails to comply, then:
- Financial penalties of up to three times the deposit may apply
- Certain possession routes may be restricted
Landlords – watch for early warning signs
Many disputes can be avoided by early intervention.
Landlords should monitor:
- Late or missed rent payments
- Signs of financial difficulty
- Deterioration in property condition
- Breaches of tenancy terms
If issues are identified early, then they are often easier to resolve. Also, it is advisable to document all of the issues in order to strengthen your case in court.
Resolving disputes – negotiation, mediation or court
Not all disputes require court proceedings.
In many cases:
- Negotiation can resolve issues quickly
- Mediation can avoid the cost of litigation
However, if agreement cannot be reached, then court or tribunal proceedings may be necessary.
Our landlord lawyers regularly act for clients in:
- Possession proceedings
- Rent recovery claims
- Leasehold disputes
- Tribunal applications
Why specialist legal advice is now essential
The new legal framework increases risk for landlords who attempt to manage issues without advice.
According to the landlord lawyers here at Bonallack & Bishop:
Procedural errors that might previously have been corrected can now result in failed possession claims and significant delay, with potential offences being conducted by landlords, which sets the threshold as merely reckless rather than intentional.
If a landlord takes advice early, then:
- Risks can be identified and managed
- Procedures can be followed correctly
- Costs and delays can be reduced
Handling your Tenancy Dispute at the County Court or the First-Tier Tribunal Property Chamber
As a landlord or property investor, things don’t always go is planned.
Sometimes disputes with tenants, or others, can be resolved simply by negotiation,
If not, with more expensive disputes, mediation is often the best way forward.
But sometimes the only alternative is a Court or Tribunal application. The right venue depends on the legal issue involved. So, for example, eviction of a residential tenant could involve an application to the County Court, whereas disputes in relation to service charges, extending a lease and lease enfranchisement or an application for Court-Appointed Property Manager, would be dealt with by the First Tier Property Tribunal
You can instruct us, safe in the knowledge that our leasehold team regularly deals with these kind of applications – with a wide variety of property issues for landlords. These range from tenant eviction, block management and lease extension disputes, to arguments about service charges and recovery of ground rent.
Click here to read more about how the First Tier Property Tribunal works.
Click here to read more about an application for a Court-Appointed Property Manager
Landlord Lawyers – FREE phone legal advice for landlords and freeholders
In our opinion, far too many landlords make unnecessary mistakes by going without specialist legal advice.
Don’t rely on an agreement downloaded from the Internet or borrow from a friend without getting it checked by a lawyer to see if it’s right for your particular circumstances. Cutting corners and relying on DIY legal documentation is becoming an increasing source of problems for landlord. And that is going to get potentially much worse with the new Act
Getting these type of documents or the procedure wrong, can prove very expensive indeed. And what’s more, it’s largely unnecessary.
We offer free initial telephone advice to landlords.
This allows you to:
- Understand your legal position
- Identify risks early
- Plan the right course of action
Take advantage of our free phone legal advice for landlords and avoid an unnecessary risk to your business. You don’t even have to pay for the price of a phone call – just call our team on FREEPHONE 0800 1404544.
Landlords – Beware early signs of trouble with tenants
Watch out for warning signs such as late or non payments of rent or any other indication that the tenant may be having financial problems. Never let significant arrears build up – take early appropriate action, including legal advice on your available options. Equally keep a close eye on the state of your rented property and if you have a business lease, make sure that dilapidations don’t build up – or you risk financial bills for repairs which your tenant simply may be unable to pay.
Our Landlord Lawyers – Advising Commercial Tenants and Landlords too
In addition to representing landlords of residential property, we also regularly deal with both landlords and tenants of commercial property.
And when it comes to renting a property for your business, you need to know where you stand and what you are taking on.
It’s particularly important that you understand the main terms of your lease – and that’s why any business taking on a commercial tenancy really needs specialist legal advice from an experienced lawyer.
Here at Bonallack & Bishop, our landlord lawyers can provide the commercial lease advice you need. We’ll make sure that the lease you sign is the right lease for you and we will fully explain its meaning to you in plain English so that you understand your new responsibilities from day one – because most of your new obligations will depend on exactly what it says in the lease, and commercial leases vary considerably from one to another.
Landlord lawyers – Frequently Asked Questions
How do I evict a tenant after Section 21 has been abolished?
Landlords must now rely on statutory grounds for possession.
If a landlord wants to recover a property, then they must:
- Identify a valid legal ground
- Serve the correct notice
- Provide supporting evidence
Possession is no longer available without reason.
How easy is it to evict a tenant after the Renters’ Reform Act?
Eviction is generally more complex.
Landlords must prove a legal ground and follow strict procedures.
If evidence is incomplete or procedures are incorrect, then the court may refuse possession and the Landlord may be charged with an offence.
Can I still evict a tenant for rent arrears?
Yes. If a tenant falls into arrears, then a landlord may seek possession using the appropriate statutory ground, supported by clear evidence.
How often can a private landlord put the rent up?
Typically once every 12 months in a periodic tenancy, unless a valid rent review clause provides otherwise.
What happens if I try to evict a tenant without a court order?
Unlawful eviction is illegal.
If a landlord removes a tenant without following the legal process, then they may face financial penalties and potential criminal liability.
Do I still need to protect a tenant’s deposit?
Yes. Deposits must be protected within 30 days and prescribed information must be served. Failure to comply can result in penalties and affect possession rights.
What should I do if my tenant stops paying rent?
Act early. If arrears arise, then you should:
- Keep detailed records
- Seek legal advice
- Take appropriate action promptly
Should I update my tenancy agreements now?
Yes. If tenancy agreements are outdated, then they may not comply with current law and could weaken your legal position.
In any event, you will be required to provide your current tenant with the prescribed information given by the Government in line with the new Renters Rights Act.
Speak to our specialist landlord lawyers today
The law has changed-and the risks for landlords have increased.
If you want to protect your property, your income and your position, speak to the specialist landlord solicitors at Bonallack & Bishop.
Call 0800 140 4544 or contact us online today.
