Landlords often concern themselves with what might happen if tenants breach their tenancy agreements, but these landlords must also be vigilant about their own compliance to maintain good relationships. 

An assured shorthold tenancy agreement is designed to create a clear and fair framework for the landlord-tenant relationship, setting out the responsibilities of both parties. It is a legally binding document, which means there can be significant consequences for a landlord for tenancy breaches. While tenants often receive attention for breaching their obligations, it is equally important for landlords to understand and comply with the terms of the agreement.

A breach by a landlord, whether intentional or accidental, can lead to consequences including financial penalties, legal disputes, and strained relationships with tenants. This guide explains what constitutes a landlord’s breach of a tenancy agreement, the potential risks involved, and practical steps you can take to resolve or prevent these situations.

If you have any questions we have not covered, our specialist landlord solicitors are able to answer your landlord query. You can contact us by completing the enquiry form below or by calling 0151 666 9090.

What Are a Landlord's Obligations Under the Law?

Before exploring tenancy agreement breaches, it is important to understand the laws that govern landlords and assured shorthold tenancy agreements. Landlords in the UK are bound by several legal obligations that are designed to protect tenants and ensure properties are safe, habitable, and managed fairly. 

These obligations extend beyond the terms of the tenancy agreement and are outlined in various laws and regulations, including the Housing Act 1988, the Landlord and Tenant Act 1985, and more recent legislation. Key responsibilities include:

• Making the property safe: Keeping the property free from hazards and fit for human habitation.

• Conducting safety checks: Carrying out annual gas safety checks, five-yearly electrical inspections, and providing smoke and carbon monoxide alarms.

• Protecting deposits: Securing deposits in an approved tenancy deposit protection scheme within 30 days and supplying the details of the scheme you have used to the tenant when their tenancy begins.

• Providing key documents: Supplying the Energy Performance Certificate, gas safety certificate, How to Rent Guide, and proof of compliance with safety checks.

• Respecting tenant rights: Giving at least 24 hours’ notice before entering the property, except in emergencies.

• Meeting licensing rules: Complying with local authority requirements, such as selective licensing schemes.

• Maintaining energy efficiency: Meeting minimum energy efficiency standards (meaning an EPC rating of E or above) for all let properties.

No matter the terms of any specific tenancy agreement, these obligations are governed by the law and will apply to any landlord in the private rented sector. By understanding and adhering to these legal obligations, landlords can avoid breaches of the tenancy agreement and protect themselves from disputes or legal action.

What Constitutes a Breach of Tenancy Agreement by a Landlord?

A breach of a tenancy agreement occurs when a landlord fails to fulfil their obligations, as outlined in the agreement or under the law in England and Wales. These breaches can range from small oversights to serious violations that impact the tenant's rights or wellbeing. Common breach examples include:

• Unlawful entry: Entering the property without providing the tenant with proper notice or obtaining their consent, except in emergencies, is a breach of tenancy agreement provisions. Landlords are legally required to respect the tenant’s right to quiet enjoyment of the property.

• Failure to address repairs: Neglecting to carry out necessary repairs or maintenance and failing to keep the property safe and habitable may be considered a breach. This includes issues like damp, broken heating systems, or unsafe wiring.

• Disconnecting essential services: Cutting off utilities such as water, gas, or electricity as a means of pressuring tenants is not only a breach but also unlawful.

• Discrimination or harassment: Treating tenants unfairly based on characteristics such as race, gender, or disability, or engaging in behaviour that makes the tenant feel intimidated or unsafe.

• Not meeting legal standards: Failing to comply with legal requirements, such as providing gas and electrical safety certificates, or ensuring the property meets energy efficiency standards, breaches a landlord's legal obligations.

While some breaches result from simple misunderstandings or oversight, others can have serious legal implications. It is essential for landlords to be fully aware of their responsibilities to avoid disputes and potential claims from tenants. Seek expert advice from a legal professional with expertise in landlord and tenant breaches for support in meeting your obligations.

Consequences of Breaching a Tenancy Agreement

Breaching a tenancy agreement can lead to significant repercussions for landlords, both financially and legally. Tenants who feel their rights have been violated may escalate complaints to local authorities or housing regulatory bodies. This can result in investigations and enforcement actions, potentially bringing unwelcome scrutiny to your practices as a landlord. 

Financial penalties are another common outcome of breaches, particularly for issues such as failing to protect a tenant’s deposit, ignoring repair obligations, or not meeting safety standards. In some cases, tenants may even withhold rent or seek a reduction if the property becomes uninhabitable due to a landlord’s negligence. If the situation escalates further, tenants may pursue legal action, claiming damages for financial losses, temporary accommodation costs, or emotional distress caused by the breach.

In more serious cases, a tenant may terminate the tenancy agreement altogether. This is particularly likely if the breach involves harassment, unlawful entry, or failure to provide essential services. Such actions not only impact your current rental income but can also damage your reputation, making it harder to attract or retain tenants in the future.

The consequences of breaching a tenancy agreement underscore the importance of understanding and fulfilling your obligations. Addressing issues promptly and seeking legal advice when necessary can help resolve disputes and protect your position as a landlord. Our solicitors offer legal support to help landlords meet the requirements of their tenancy agreements and take remedial action if a tenant breaches the agreement.

How to Rectify a Breach of Tenancy Agreement

If you suspect or are informed that you have breached the tenancy agreement, acting quickly can help to mitigate the damage:

• Acknowledge the issue: Openly communicate with your tenant and acknowledge their concerns.

• Take immediate action: Address the breach, whether it involves carrying out repairs, providing overdue documentation, or amending your behaviour.

• Seek mediation: Consider engaging a professional mediator to resolve disputes amicably. Professional mediation services can help landlords and tenants find common ground without resorting to legal action. A solicitor can also help you to arrange for mediation and advise you on whether or not this is a suitable approach in your case.

• Consult a solicitor: Seek legal advice, which can help you understand your position and find the best course of action to resolve the issue. Our landlord solicitors can assist by providing tailored guidance, helping you navigate disputes, and ensuring you comply with legal obligations while protecting your interests.

We advise landlords to pursue an amicable resolution wherever possible, to maintain an ongoing positive relationship with your tenant for the remainder of the tenancy. Breaches can often be fixed without resorting to legal action. Speak to our team today for advice based on your specific circumstances.

Can a Tenant Terminate the Agreement Due to a Landlord’s Breach?

In certain circumstances, a tenant may have the right to terminate a tenancy agreement if a landlord breaches its terms. For this to occur, the breach must be significant enough to affect the tenant’s ability to live safely and comfortably in the property. Examples include persistent failure to address serious repair issues, harassment, or cutting off essential services such as water, electricity, or heating.

How Can Percy Hughes & Roberts Help?

At Percy Hughes & Roberts, we specialise in offering expert legal guidance to landlords, to help them meet their obligations and protect their property investments. Whether you are new to being a landlord or managing a large portfolio, navigating the complex landscape of landlord responsibilities can be daunting without expert legal support.

Upholding the terms of a tenancy agreement is essential for maintaining a positive landlord-tenant relationship and avoiding legal disputes. Breaching an agreement, even unintentionally, can lead to serious consequences, including financial penalties, tenant complaints, and reputational damage. However, by understanding your obligations, addressing potential breaches promptly, and seeking professional advice when needed, you can protect your interests and comply with landlord law.

Our team of landlord solicitors can help with a wide range of services, including drafting tenancy agreements, advice on tenancy deposit protection, and assistance with tenant disputes. For more information on our landlord services, do not hesitate to contact our expert solicitors today. Call us on 0151 666 9090, or send us your query by email by filling in our online contact form.