Housing disputes
A housing dispute is a formal disagreement between a landlord and tenant arising from their rights and obligations under a tenancy agreement, covering matters such as property condition, rent, deposits, access, and behaviour. Under the Housing Act 1988 and associated legislation, both parties carry statutory duties that, when breached or disputed, give rise to defined resolution processes including adjudication, tribunal proceedings, and court action.
From working with self-managing landlords across the UK, we find that the majority of housing disputes do not arise from bad faith on either side. They arise from the absence of written records, ambiguous tenancy agreements, and a failure to put initial concerns in writing before they escalate.
Common causes of landlord tenant disputes
The most frequently recurring dispute types in the private rented sector are:
Property condition and repairs. Landlords carry a legal obligation under the Landlord and Tenant Act 1985 to maintain the structure and exterior of the property and keep installations for heating, water, and gas in repair. Disputes arise when tenants report defects that landlords do not address within a reasonable period, or when landlords and tenants disagree about who bears responsibility for a given repair.
Deposit deductions. Disagreements over what constitutes fair wear and tear, and what damage justifies a deposit deduction, are the most common source of formal dispute referrals. A signed inventory with dated photographs, taken at both check-in and check-out, is the primary evidence on which deposit protection adjudicators base their decisions. For the evidence standards required to win a deposit deduction claim, see our detailed guide on handling tenancy deposit disputes.
Rent arrears and payment disputes. Where a tenant falls into arrears, the landlord has a statutory route to possession via a Section 8 notice on rent arrears grounds. Disputes over whether rent has been paid, in what amount, and on which date are common where no contemporaneous payment record exists.
Rent increases. Since 1 May 2026, all rent increases in the private rented sector in England must follow the statutory Section 13 process introduced by the Renters' Rights Act. Tenants may challenge a proposed increase by applying to the First-tier Tribunal if they consider it above market rate.
Access and quiet enjoyment. Tenants hold a right to quiet enjoyment of the property. Landlords must give at least 24 hours' written notice before entering and may only enter at reasonable times. Unlawful entry or harassment can give rise to a civil claim and, in serious cases, criminal liability.
Resolution routes
Gov.uk guidance on residential property disputes sets out four main routes, in order of escalation:
Internal resolution. The expected first step is for the tenant to raise the complaint directly with the landlord or managing agent and for the landlord to acknowledge it and propose a remedy with a clear timeline. The UK Parliament's Commons Library confirms this as the standard first step before any independent route is pursued.
Alternative dispute resolution (ADR). Where direct resolution fails, the most common formal route before court is alternative dispute resolution (ADR), which includes mediation, arbitration, and the adjudication services offered by the three government-approved tenancy deposit schemes. Deposit deduction disagreements are among the most frequent triggers for formal adjudication.
First-tier Tribunal (Property Chamber). Available for disputes over rent increases, HHSRS enforcement, and certain licensing decisions. Either party may apply. The tribunal is independent and its decision is binding.
County Court. Used for possession proceedings, rent arrears claims, and disrepair claims. Court action is the escalation of last resort.
The Renters' Rights Act and housing disputes from 1 May 2026
The Renters' Rights Act, which came fully into force on 1 May 2026, materially changes the dispute landscape in England in three ways. First, Section 21 "no-fault" eviction has been abolished, meaning landlords can no longer end a tenancy to avoid managing a dispute. All possession must now proceed through a specified ground under Schedule 2 of the Housing Act 1988, as amended. Second, a new Private Rented Sector Landlord Ombudsman has been established, providing a free, accessible route for tenants to escalate unresolved complaints against their landlord before going to court. Membership is compulsory for all private landlords in England. Third, all rent increases must follow the Section 13 statutory procedure, with tenants able to challenge any proposed increase at tribunal.
Landlords using August consistently tell us that having a complete, timestamped record of maintenance requests, rent payments, and written communications is the single most effective measure for avoiding formal dispute proceedings. August's compliance tools and maintenance log are built specifically to create that contemporaneous evidence trail.
Frequently asked questions
What is the difference between mediation and adjudication in a housing dispute?
Mediation involves a neutral third party facilitating a negotiated agreement between landlord and tenant; neither party is bound by the outcome unless they both accept it. Adjudication, used primarily in deposit disputes, involves an independent adjudicator examining evidence from both parties and reaching a binding decision. Deposit scheme adjudication is free to use and typically resolves within 28 days.
Can a landlord be taken to court over property repairs?
Yes. Under the Homes (Fitness for Human Habitation) Act 2018, a tenant may bring a claim in the county court if a property is unfit for human habitation due to disrepair. The tenant does not need to wait for local authority enforcement action before doing so. The landlord must have been put on notice of the defect and been given a reasonable time to remedy it.
What happens to existing disputes now Section 21 is abolished?
Landlords may no longer use a Section 21 notice issued on or after 1 May 2026 to seek possession. Where a dispute was previously managed by ending the tenancy via Section 21, it must now be resolved through evidence-led possession proceedings using a specific ground, through the new PRS Ombudsman, or through negotiated resolution.
Does every housing dispute have to go to court?
No. The majority of housing disputes in the private rented sector are resolved through internal negotiation, deposit scheme ADR, or ombudsman referral. Court and tribunal proceedings are available as a final route but are not required unless the parties cannot reach agreement and no other process applies.
