Legal Advice Community

Housing

The information contained in these FAQs does not constitute legal advice, may be inaccurate or out-of-date and the Legal Advice Community is not specifically endorsing these answers. Answers here exist for general information and knowledge. You can only be certain of legal advice when you speak to a Solicitor. You use any information located here at your own risk and create a new thread if you are unsure.

This is a very long FAQ page as there's a lot to cover - use the table of contents below to help navigate


#I won a deposit dispute via a DPS, but the landlord is saying they'll sue, can they do this?

The short answer is yes. These Alternative Dispute Resolution schemes do not remove the right of either party to go via the courts. However, the burden of proof for any damage is on the landlord. Keep in mind that if you lose, you might have to pay their court fees and perhaps interest on the amount too. Also, they can claim more than the deposit amount.

If this situation occurs, speak to Shelter and a local solicitor. Many do free initial consultations.


#Can I stay on after my fixed-term tenancy ends?

Yes, assuming you have an Assured Shorthold Tenancy in England and Wales, you can remain beyond the fixed term. At the expiry of the term, the tenancy will convert to a periodic tenancy (either statutory or contractual if you contract has terms regarding this). The landlord can then issue a s.21 notice to evict, though this process takes several months even after the expiry of the notice, as they require a possession order from a court to forcefully evict you.


Last updated: 21.06.2023