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Free Guide to Hiring a Real Estate Lawyer
This guide explains the main legal principles and practical steps for landlords and tenants in Gateshead, Tyne and Wear. Landlord and tenant law in England covers a range of topics including tenancy types, deposit protection, repairs and safety obligations, eviction and possession, licensing for houses in multiple occupation, and local enforcement by the council. Many rules are set out in national statutes and regulations, and Gateshead Council enforces standards locally through its housing, environmental health and licensing teams. Because housing law changes periodically, and local schemes vary, it is important to get up-to-date advice for your situation.
Housing disputes can be complex and emotionally stressful. You may need a lawyer or specialist housing adviser if you face any of the following situations:
- Threats of eviction or actual court possession proceedings. Legal advice can explain your rights, deadlines and possible defenses.
- Rent arrears disputes or threats of rent recovery action by a landlord.
- Serious disrepair or safety problems where the landlord refuses to act and you need to consider court action, injunctions or compensation.
- Deposit disputes where the landlord seeks deductions you do not accept and you need to pursue adjudication or court remedies.
- Complex tenancy arrangements, such as assured tenancies, excluded tenancies, licences to occupy, or succession claims on a tenancy.
- Allegations of anti-social behaviour where the landlord seeks possession or where you are accused and need representation.
- Issues with licensing for HMOs, selective licensing, or enforcement notices from Gateshead Council.
- Cases involving homelessness, priority need assessments, or appeals against the council’s decisions about your housing duty.
Specialist advice from a solicitor or law centre is particularly valuable when deadlines matter, when court forms must be completed, or when statutory defences and procedural rules will determine the outcome.
The following summarizes key legal areas that often affect landlords and tenants in Gateshead. This is a general overview and not a substitute for specific legal advice.
- Types of tenancy: The most common form in the private rented sector is the Assured Shorthold Tenancy. Terms are governed by the tenancy agreement and by national legislation. Some tenancies are excluded or regulated by older legislation.
- Possession and eviction: Possession normally requires a court order. Landlords typically use a prescribed process to seek possession. Notice requirements, grounds for possession and remedies differ depending on the tenancy and the basis of the claim. Unlawful eviction or harassment by a landlord is a criminal offence under the Protection from Eviction Act 1977.
- Deposits: For most assured shorthold tenancies, landlords must protect tenant deposits in a government-approved deposit protection scheme and provide prescribed information within a statutory timescale. Failure to do so can lead to penalties and restrictions on possession claims.
- Repairs and safety: Landlords are required to keep the structure, exterior and installations (gas, electrical, heating, sanitation) in repair and proper working order under the Landlord and Tenant Act and related regulations. The Homes (Fitness for Human Habitation) Act 2018 requires rented homes to be fit for human habitation at the start and throughout the tenancy. Gas safety checks must be carried out annually by a Gas Safe registered engineer. Electrical safety checks and smoke and carbon monoxide alarms are also subject to statutory requirements.
- Licensing: Mandatory HMO licensing applies to certain large HMOs. Local councils can operate additional licensing schemes for other HMOs and selective licensing for particular areas for houses in multiple occupation or other privately rented properties. Check with Gateshead Council about current schemes that apply locally.
- Rent increases and charges: Rent increases must follow the tenancy terms or statutory procedures. If there is no agreement, landlords can use the prescribed form for periodic tenancies. Service charges for flats and leasehold properties have specific legal rules about reasonableness and accounting.
- Enforcement and remedies: Tenants can seek remedies through Gateshead Council (for health and safety breaches), deposit scheme adjudication, the First-tier Tribunal or county court for different types of disputes. Rent Repayment Orders, penalties and prosecution for housing offences are tools councils and tribunals may use.
Your tenancy type affects the rights and procedures available to you. The most common is the Assured Shorthold Tenancy, which gives tenants security for the fixed term and statutory protections including deposit protection. Other tenancy types can carry different notice rules and statutory protections. Check your tenancy agreement and get advice if you are unsure.
No. A landlord must obtain a court order to lawfully evict a tenant in most cases. Changing locks, removing belongings, or cutting off utilities to force a tenant out is unlawful and may amount to illegal eviction or harassment. If this happens, contact the police and a housing adviser immediately and document what has occurred.
Notice periods depend on the tenancy type and the grounds for possession. For periodic assured shorthold tenancies, there are statutory notice periods set out by law and by the terms of the tenancy. Where possession is sought for rent arrears or breach, different notice procedures apply. Recent government consultations and reforms have affected notice rules, so always check current law or seek advice.
Report the problem to your landlord in writing and keep a copy. If there is no response within a reasonable time, you can contact Gateshead Council’s environmental health or housing enforcement team to report hazards and request an inspection. You may be able to ask the council to carry out emergency repairs and recover costs, or to bring enforcement action. For non-urgent disputes, you can seek legal advice about taking a claim for disrepair in the county court or tribunal.
For most ASTs, deposits must be protected in a government-approved scheme and the landlord must provide prescribed information. At tenancy end, landlords should return the deposit within the timeframe set by the scheme or make agreed deductions. If there is a dispute, the deposit scheme offers an independent dispute resolution service. If a landlord did not protect the deposit, you may be able to raise a claim for compensation and the landlord may be restricted from using certain possession procedures.
If you live in an HMO, the property may be subject to mandatory HMO licensing and additional standards for safety, amenities and management. Landlords have extra responsibilities to ensure shared facilities are maintained, fire safety measures are in place and the property is properly managed. If you suspect the landlord is not complying, contact Gateshead Council for advice and inspection.
Generally, a landlord cannot increase the rent during a fixed term unless the tenancy agreement allows for it or both parties agree. For periodic tenancies, landlords must follow the procedure in the tenancy or use the statutory method to propose an increase. If you dispute an increase, seek advice on negotiation or formal challenge options.
Keep a copy of your tenancy agreement, inventory, rent payment records, correspondence with the landlord, photographs of disrepair or hazards, gas and electricity certificates, and any inspection or council reports. A clear evidence trail makes it easier to resolve disputes, negotiate settlements or present a case in court or to a tribunal.
You can report hazards, poor standards or licensing concerns to Gateshead Council’s housing or environmental health teams. The council can inspect properties, serve improvement notices, pursue licensing breaches and, where necessary, take enforcement action. Document your complaint and keep copies of any communications.
Legal aid for housing matters is limited in private housing disputes. It is more widely available for cases involving homelessness assistance, possession by social landlords, children at risk or where there is a risk to life or safety. For many private tenancy disputes you may need to rely on pro bono services, Citizens Advice, local law centres, or paid solicitors. Check eligibility for legal aid early in your case.
When you need further help, the following organisations and bodies are useful to contact or research. They can provide advice, enforcement, mediation or legal information relevant to Gateshead:
- Gateshead Council housing, environmental health and licensing teams - for local inspections, complaints and licensing information.
- Citizens Advice Gateshead - for free initial advice on housing rights and next steps.
- Shelter England - for detailed housing law advice and practical guidance.
- Law Centres and local pro bono clinics - for free or low-cost specialist housing representation.
- Solicitors and barristers specialising in housing law or tenancy disputes - for formal representation in court or tribunal.
- First-tier Tribunal and county courts - for formal dispute resolution, possession claims and certain orders.
- Deposit protection schemes - Deposit Protection Service, MyDeposits and Tenancy Deposit Scheme - for information on deposit protection and dispute resolution.
- Gas Safe Register and competent electrical safety inspectors - to check gas and electrical safety compliance.
- Housing Ombudsman Service and relevant professional bodies - for complaints against registered providers or management issues.
If you need legal assistance for a landlord and tenant issue in Gateshead, take these practical steps:
- Gather documents and evidence - tenancy agreement, rent receipts, emails, photos and any council or contractor reports.
- Contact a free advice service - Citizens Advice, Shelter or a local law centre can often provide initial guidance and may help you understand options without cost.
- Check local schemes - contact Gateshead Council to confirm any HMO or selective licensing that may affect you, and to report hazards or safety concerns.
- Try to resolve matters informally - write to the other party setting out the problem, proposed remedy and a reasonable deadline. Keep copies of all communications.
- Consider mediation - in some cases mediation can resolve disputes without court proceedings and preserve the relationship between landlord and tenant.
- Seek specialist legal advice if the matter is urgent, involves possession proceedings, serious disrepair, or potential criminal breaches. Ask potential advisers about experience in housing law, likely costs and whether legal aid might apply.
- Act quickly on deadlines - possession claims, tenancy notice periods and court timetables have strict time limits. Delay can reduce your options.
If you are uncertain where to start, contact Citizens Advice or Gateshead Council for immediate local guidance. For court matters or complex disputes, instruct a solicitor with housing law experience to protect your rights and navigate the process effectively.
