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Free Guide to Hiring a Real Estate Lawyer
Landlord and tenant law in Exeter follows the same national framework as England, with local councils enforcing housing standards. Private tenants in Exeter typically rent under Assured Shorthold Tenancies (ASTs), the default tenancy type for most lettings since the late 1980s. The court system handles possession actions and disputes when agreements break down.
Exeter residents often face issues around deposits, disrepair, licensing, and eviction procedures. A local solicitor or housing lawyer can help you interpret tenancy terms, defend your rights, and coordinate with Exeter City Council where necessary. Understanding the statutory duties of landlords alongside your contractual rights is essential for effective resolution.
In Exeter, citizens may also access local services for housing advice and enforcement. The combination of national law and local guidance shapes how disputes are resolved, what documents you need, and how quickly you can secure remedies. Working with a solicitor or legal counsel who understands both levels of law can reduce delay and risk.
A tenant in Exeter receives a Section 21 no-fault eviction notice and suspects it is invalid. An experienced solicitor can review the notice, assess validity, and prevent unlawful eviction while protecting your rights. They will gather evidence and prepare a response if needed.
Your tenancy deposit was not protected in a government approved scheme within 30 days. A lawyer can pursue remedies, including potential compensation and deposit recovery, under tenancy deposit protection requirements.
The property has serious disrepair, such as damp or faulty heating, affecting health. A solicitor can advise on formal repair requests, escalation to Exeter City Council, and potential compensation or remedies through the courts if the landlord refuses to act.
You face rent disputes or unlawful rent increases during or after a fixed term. A lawyer can interpret your tenancy agreement, explain lawful limits, and negotiate or contest charges with the landlord.
Harassment or illegal entry by a landlord creates a risk of eviction or health and safety concerns. Legal counsel can help you document conduct, pursue protection orders, and advise on appropriate court steps.
Housing Act 1988 (as amended) - establishes Assured Shorthold Tenancies as the common tenancy type in the private rented sector. It also governs how tenancy terms are set and how possession actions may be brought in appropriate circumstances. This Act is foundational for private rentals in Exeter and across England.
Protection from Eviction Act 1977 - prohibits unlawful eviction and harassment. It requires landlords to obtain proper court possession orders before regaining occupation of a property. This law protects tenants in Exeter from informal or unlawful removals and sets out due process requirements.
Tenant Fees Act 2019 - restricts the fees landlords and agents can charge tenants. It bans most upfront letting charges and requires disclosure of costs, aiming to reduce financial barriers for renters. The Act came into force on 1 June 2019 across England, including Exeter lettings.
Local considerations in Exeter may include private sector licensing and housing standards rules enforced by Exeter City Council. Landlords of multiple occupancy properties and certain rented homes may require specific licensing or inspections. Always verify licensing status and compliance with local requirements when dealing with Exeter properties.
An Assured Shorthold Tenancy is a standard private rental agreement in England. It typically lasts for a fixed term, often six or 12 months, with rent paid monthly. Either party can end it at the end of the term if proper notice is given.
You must serve a valid Section 21 notice in writing and ensure it meets statutory requirements. The notice must provide the correct tenancy address, reference the tenancy agreement, and give a minimum two months notice. A court may require supporting documents.
Contact the landlord in writing to demand the deposit be placed in a government approved tenancy deposit scheme. If unresolved, you may seek compensation and potentially seek repayment of the deposit through the courts.
Eviction timelines vary by case complexity and court backlogs. Typically, possession hearings occur weeks to a few months after a valid Section 8 notice, assuming the tenant does not contest. Your solicitor can provide a tailored estimate.
A landlord may usually enter with reasonable notice for specific purposes, such as repairs, inspections, or safety checks. In many cases, 24 hours notice is typical, but terms in the tenancy agreement and local licensing may affect this.
Local housing charities, Citizens Advice services, and some law clinics offer low-cost or pro bono guidance. A solicitor with a specialism in Landlord & Tenant can provide tailored advice, including case assessments.
If your landlord tries to evict after you reported disrepair or raised legitimate tenancy concerns, the eviction may be deemed retaliatory. A lawyer can assess evidence and advise on remedies or grounds to challenge the eviction.
Yes. If you receive a possession claim, you can contest it with representation. A solicitor can help prepare evidence, file defenses, and represent you at court hearings where needed.
For most landlord and tenant disputes, a solicitor is the practical choice for case management and court preparation. Barristers are typically engaged for advocacy in more complex or high-stakes hearings.
Many Houses in Multiple Occupation (HMO) require licensing with the local authority. Exeter City Council can confirm licensing requirements based on the property’s size and occupancy.
Rent increases during a fixed term are usually not possible unless the tenancy agreement allows it or there is a mutual agreement. End-of-term renewals often involve negotiation and formal notices.
Costs vary by case and firm. Typical hourly rates for experienced solicitors can range from a few hundred to over a thousand pounds per hour, depending on complexity and location.
Gov.uk - Evict a tenant provides official guidance on possession procedures, notices, and court steps for landlord and tenant disputes.
Eviction actions must follow the correct legal process and only be pursued through the courts.
Gov.uk - Tenancy deposits explains protection requirements and the timeline for protecting deposits in government approved schemes.
Landlords must protect a tenant's deposit in a government approved scheme within 30 days of receiving it.
Exeter City Council - Private sector housing site provides local guidance on licensing, safety checks, and housing standards in Exeter.
