Tenancy disputes are an inevitable part of managing private rented property. How a landlord handles a dispute, especially after the Renters' Rights Act 2025 came into force on 1 May 2026, determines whether it resolves quickly or escalates to enforcement action, tribunal proceedings, or court. The framework has shifted: landlords now have fewer unilateral tools and must engage with formal processes earlier.
Rent arrears disputes
Rent arrears are the most common dispute type. The correct approach depends on how far the arrears have grown and the relationship with the tenant.
- First step, written communication: As soon as rent is late, send a written payment reminder. Diary and timestamp every contact. Never rely on phone calls alone
- Formal letter before action: If arrears persist beyond one rent cycle, serve a formal written letter setting out the arrears, requesting payment within 14 days, and warning of possession proceedings
- Section 8 notice (Ground 8, 10, or 11): Once arrears meet the threshold, serve a Section 8 notice using Form 3A. Ground 8 (2 months' arrears at service and hearing) is mandatory, the court must order possession if proved. Ground 8A (3 months' cumulative arrears) is a new mandatory ground from 1 May 2026
- County Court possession claim: If the tenant does not pay and does not vacate after the notice period, apply to the county court for a possession order
- Money judgment: A possession order does not automatically create a money judgment for the arrears, apply for a separate money judgment or include it in the possession claim
Deposit deduction disputes
- All proposed deductions must be itemised with written evidence (check-in/check-out inventory, photographs, repair invoices)
- Send the deduction schedule to the tenant promptly after the tenancy ends, delays undermine the landlord's position
- If the tenant disputes a deduction, the deposit scheme's adjudication service can determine it without court, both parties are bound by the adjudicator's decision
- Tenancy Deposit Scheme (TDS), DPS, and mydeposits all operate free adjudication services
- Do not retain a disputed portion without evidence, adjudicators award in favour of tenants where landlord evidence is weak or absent
- If the dispute involves more than the deposit, a claim can be filed at the county court under the small claims track (claims under £10,000)
Repair and maintenance disputes
Under Awaab's Law (in force from 1 May 2026) and the Section 11 duty under the Landlord and Tenant Act 1985, tenants have enforceable repair rights. A repair dispute handled incorrectly can escalate to local authority enforcement and disrepair claims.
- Acknowledge in writing: Respond to every repair report in writing, confirm receipt, expected inspection date, and intended remedy
- Inspect promptly: Inspect the issue within the Awaab's Law timeframe, do not delay by attributing fault to the tenant before inspecting
- Document everything: Keep a written repair log: report date, your response, inspection date, contractor instructed, completion date
- Fix the cause: Addressing the symptom (painting over mould) without fixing the source (damp ingress) does not satisfy the law
- If the tenant threatens a claim: Engage formally, write back acknowledging the outstanding repair, give a specific completion date, and meet it
- Local authority intervention: If the tenant complains to the local authority, the council may serve an improvement notice, comply promptly, as failure is a criminal offence
Anti-social behaviour by tenants
- Document every incident with dates, times, and descriptions, and keep any written complaints from neighbours
- Write formally to the tenant setting out the behaviour complained of and requesting it ceases immediately
- If behaviour continues, consider a Section 8 notice on Ground 14 (anti-social behaviour, discretionary) or Ground 7A (serious anti-social behaviour or criminal conviction, mandatory)
- Ground 7A is a mandatory ground from 1 May 2026, if the tenant has been convicted of a specified offence, or a court has made a relevant order, the court must grant possession
- Do not take self-help action, changing locks, removing belongings, or cutting off utilities constitutes illegal eviction under the Protection from Eviction Act 1977 and carries criminal liability
Pet damage disputes
From 1 May 2026, tenants have the right to submit pet requests and landlords cannot blanket-refuse. Where a pet has been permitted and causes damage, the landlord can deduct documented repair costs from the deposit, but cannot claim costs that are attributable to fair wear and tear.
- Require written pet damage insurance as a condition of pet consent, the premium is the tenant's cost
- Document the property condition with a detailed inventory before the pet is introduced
- At check-out, identify pet-attributable damage with specific photographs and repair quotes
- Deduct only actual, evidenced costs above fair wear and tear
The Private Rented Sector Ombudsman (Phase 2, late 2026)
Phase 2 of the Renters' Rights Act 2025 (expected late 2026) will introduce a mandatory PRS Ombudsman. All landlords will be required to join. Tenants will be able to refer disputes about landlord conduct, responsiveness, and compliance to the Ombudsman for free. Landlords who fail to engage with the Ombudsman process risk adverse determinations and enhanced civil penalties.