Best Landlord & Tenant Lawyers in Havant

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Glanvilles Solicitors - Havant
Havant, United Kingdom

90 people in their team
English
Glanvilles Solicitors - Havant is part of Glanvilles LLP, a long established full service law firm delivering legal services to individuals and businesses from offices across the South Coast, including Havant, Fareham, Chichester and Petworth. The Havant team handles matters across family,...
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About Landlord & Tenant Law in Havant, United Kingdom

Havant, located in Hampshire, operates under England’s private rental framework. In Havant, most private rentals use an Assured Shorthold Tenancy (AST), which gives landlords a clear path to regain possession with proper notice. Tenants obtain protections around security, housing standards, and the right to live without undue disturbance.

Key duties fall to landlords and property managers, including protecting deposits, ensuring gas safety, installing working smoke alarms, and providing energy performance certificates. Tenants have corresponding rights, such as quiet enjoyment of the property and limits on unlawful eviction. Local authorities like Havant Borough Council enforce housing standards and can investigate disrepair or unsafe living conditions.

Private renting in England is governed by national legislation, with local authorities enforcing standards for Havant residents. Landlords must comply with deposit protection, safety checks, and proper notice procedures.

Sources: GOV.UK; Legislation.gov.uk

Why You May Need a Lawyer

  • Landlord refuses to protect or return your deposit in Havant. If your landlord has not placed your deposit in a government approved scheme within 30 days or fails to provide the prescribed information, you may be entitled to compensation and restoration of the deposit. A solicitor can review documents, contact the landlord, and help pursue a remedy in county court if needed.

  • Facing eviction or end of tenancy procedures in Havant. If a Section 21 notice or Section 8 notice is served, a legal professional can assess validity, defend unlawful evictions, and explore alternatives such as negotiation or court proceedings.

  • Disrepair affecting health or safety in a Havant rental. When a property fails to meet health and safety standards, you may need legal support to compel repairs, pursue compensation, or seek injunctions. A solicitor can document issues, liaise with the council, and advise on HHSRS implications.

  • Landlord breaches or rent disputes involving Havant properties. Questions about rent increases, service charges, or withheld services require careful interpretation of tenancy terms and statutory limits. A lawyer can help you negotiate or lodge claims for breaches.

  • Deposit disputes for Havant tenants moving to new tenancy agreements. If a landlord withholds part or all of a deposit for alleged damage, a solicitor can help you determine whether deductions are lawful and how to recover amounts due.

  • Licensing or safety compliance concerns in Havant. If you suspect licensing or statutory safety non-compliance, a solicitor can assess local requirements, guide enforcement steps, and help with any resulting disputes.

Local Laws Overview

Housing Act 1988 (as amended)

The Housing Act 1988 primarily governs the creation and termination of Assured Shorthold Tenancies (ASTs) in England. It provides the framework for tenancy terms, notice periods, and possession actions. In Havant, most private rental agreements are ASTs under this act.

Key concepts include the right to quiet enjoyment, the standard tenancy terms, and the process for obtaining possession through proper notices. The Act has been amended over time to address evolving housing needs and enforcement practices.

Source: Legislation.gov.uk - Housing Act 1988 contents and provisions.

https://www.legislation.gov.uk/ukpga/1988/50/contents

Housing Act 2004

The Housing Act 2004 introduced the Housing Health and Safety Rating System (HHSRS), which local authorities, including Havant Borough Council, use to assess housing conditions. It also supports licensing and enforcement of housing standards in the private rental sector.

HHSRS helps identify risks to health and safety in rental properties and informs improvement notices or enforcement actions where needed. The act also aligns with carbon monoxide and fire safety requirements that impact Havant tenants and landlords.

Source: Legislation.gov.uk - Housing Act 2004 contents.

https://www.legislation.gov.uk/ukpga/2004/34/contents

Deregu lation Act 2015

The Deregulation Act 2015 made several changes affecting private sector tenancies, including validity and service of notices for ending tenancies. It introduced procedural protections for tenants and tightened requirements around tenancy deposits and routine landlord obligations.

In Havant, these changes influence how landlords issue notices and how tenants respond, particularly when preparing defenses to eviction or addressing deposit and information requirements.

Source: Legislation.gov.uk - Deregulation Act 2015 contents.

https://www.legislation.gov.uk/ukpga/2015/20/contents

Tenant Fees Act 2019

The Tenant Fees Act 2019 bans most upfront fees charged to tenants and caps tenancy deposits. For Havant tenants, this means landlords and agents cannot levy forbidden charges and must return any prohibited fees. The cap on tenancy deposits is typically five weeks’ rent for lower value rents and six weeks’ rent for higher rents.

These rules apply to new tenancy agreements from 1 June 2019 and to existing tenancies from 1 June 2020 onward. They are designed to reduce upfront costs for renters in Havant and across England.

Source: Legislation.gov.uk - Tenant Fees Act 2019 contents.

https://www.legislation.gov.uk/ukpga/2019/29/contents

Gas Safety and Fire Safety Regulations

England requires annual gas safety checks in rental properties and functioning smoke alarms on every floor. These duties protect Havant tenants from gas-related hazards and fire risks. Landlords must provide a gas safety certificate and maintain alarms where required by law.

Compliance is monitored by local authorities and enforcement can lead to penalties for non-compliance in Havant properties.

Sources: GOV.UK guidance on gas safety and smoke alarms in rented accommodation.

Gas safety: https://www.gov.uk/gas-safety-checks-in-rented-accommodation • Smoke alarms: https://www.gov.uk/government/news/smoke-alarms-in-rented-properties-to-become-law

Energy Performance Certificate (EPC) Requirements

Private landlords must provide an EPC when marketing a property for rent and ensure the property meets minimum energy efficiency standards. As part of Havant and national policy, energy performance affects tenancy decisions and potential improvements to reduce energy costs.

Standards and timelines may evolve, so it's prudent to verify current requirements before listing or renewing a tenancy in Havant.

Source: GOV.UK guidance on energy performance certificates for private rented housing.

https://www.gov.uk/energy-performance-certificates

Frequently Asked Questions

What is an assured shorthold tenancy and how does it work?

An assured shorthold tenancy (AST) is the common private tenancy in Havant. It starts with a fixed term or periodic terms and includes notice provisions for ending the tenancy. The landlord can regain possession using proper notices and court processes.

How do I serve a section 21 notice correctly in Havant?

A section 21 notice is used to regain possession after the tenancy, without cause in some cases. The notice must be served correctly with proper information and a correct expiry date, following current legislation.

What are my rights if my deposit is not protected in Havant?

Landlords must place deposits in an approved scheme within 30 days and provide prescribed information. If not, you may be entitled to compensation and return of the full deposit.

What is a section 8 eviction and when can it be used?

A section 8 eviction is a court process when the tenant breaches the tenancy terms, such as rent arrears or anti social behaviour. It involves a court hearing and a decision by a judge.

How long does a disrepair case typically take to resolve in Havant?

Timelines vary by case complexity and court schedules. Simple disrepair matters may be resolved within a few months, while more complex claims can take longer if contested.

Do I need a solicitor to handle a tenancy dispute in Havant?

Not always, but many disputes benefit from legal representation. A solicitor can assess your case, draft notices, negotiate settlements, and represent you in court if required.

How much can a landlord charge for breaking a tenancy in Havant?

Under the Tenant Fees Act 2019, most tenancy fees are banned. Landlords may charge only permitted payments, with deposits capped, reducing up-front costs for tenants.

What is the difference between Section 8 and Section 21 notices in Havant?

Section 21 ends the tenancy without specifying a fault but requires certain conditions to be met. Section 8 is grounded in a breach of tenancy terms and can require a court order to regain possession.

Can I claim compensation for disrepair in Havant?

Yes. If disrepair affects your health or safety, you may claim compensation or compel repairs./document the issues thoroughly and consider legal options if the landlord does not respond.

Should I use a local Havant solicitor or a national firm for tenancy disputes?

Local Havant specialists often provide targeted knowledge of local enforcement practices, while national firms may offer broader resources. Consider experience in Landlord and Tenant law and a clear fee structure.

What steps should I take if my landlord is harassing me in Havant?

Document all incidents, preserve communications, and seek legal guidance. Harassment can be unlawful and may justify injunctive relief or other remedies through the courts.

Is there a time limit to claim tenancy deposit refunds in Havant?

Time limits apply to claims for deposit refund disputes. Generally, issues should be raised promptly, and if pursued through the courts, a solicitor can advise on the appropriate timescales.

Additional Resources

Next Steps

  1. Define your issue clearly. Write a one-page summary of the dispute, including key dates, amounts, and documents. This helps you compare lawyers quickly.
  2. Gather relevant documents. Collect tenancy agreements, notices, deposit statements, gas safety certificates, EPCs, and correspondence with the landlord or agent. Have a digital copy for sharing.
  3. Identify Havant or Hampshire-based solicitor options. Look for solicitors who advertise Landlord and Tenant expertise and have experience with ASTs and eviction procedures.
  4. Check credentials and regulatory standing. Verify the solicitor’s current practicing status with the Solicitors Regulation Authority (SRA) and read client reviews where available.
  5. Book an initial consultation, noting fees and timelines. Ask about fee structures (hourly vs fixed), anticipated case duration, and any upfront costs you must cover.
  6. Ask targeted questions in the consultation. Focus on preferred strategy, likely outcomes, and potential costs if the matter goes to court.
  7. Confirm the engagement and start the clock. Sign a letter of engagement, receive a clearly itemized estimate, and request a plan with milestones and regular updates.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.