Protecting your investment

As a landlord, your property represents a significant investment, and we recognise the commitment involved in safeguarding your current and future livelihood. If an issue were to arise, a prompt and proactive approach is best to avoid any financial losses or damages you might incur.

Contact our expert landlord solicitors to discuss how we can help you.​

What we can help you with

There are a number of ways in which residential landlords can ensure they are protected from tenancy issues. As such, our landlord and tenant solicitors regularly advise on legal matters relating to:

  • Tenancy agreements
  • Deposits
  • Disrepair
  • Recovering possession of a property

It can be all too easy to get lost in the legal complexities involved with letting out property, particularly when disputes with tenants arise. Having a knowledgeable landlord and tenant solicitor on your side can help to keep things running smoothly and provide peace of mind that any issues can be resolved effectively, minimising any impact to you.

Tenancy agreements

A tenancy agreement will clearly set out your rights and expectations as a landlord as well as those of your tenants. If it is a new tenancy granted on or after 1 May 2026, it will also need to include specific information to make sure it complies with the Renters’ Rights Act 2025.

A tenancy agreement is a legally binding contract between the landlord and the tenant. As such, it should be signed to confirm the acceptance of its terms and a willingness to comply.

Once signed, both parties have agreed to be bound by the terms of the agreement and can therefore be held accountable for any breach. If one party does breach the agreement – for example, stops paying rent - the other party may take action to either recover the sums owed and/or seek possession of the property.

Our experienced landlord and tenant solicitors provide expert guidance on all aspects of tenancy agreements, offering a practical solution to every obstacle. We regularly advise and assist where terms have been breached, helping landlords to safeguard their investment.

Deposits

Landlords have the right to obtain a rent deposit from tenants as a form of security and protection. The deposit should be held throughout the tenancy in a government-backed tenancy scheme and either returned to the tenant at the end of the agreement or withheld to cover any rent arrears or repairs for damages caused by the tenant.

Landlords must protect the tenant’s deposit by placing it in one of three schemes within 30 days of receiving the sum and also provide the tenant with certain prescribed information. The scheme that is to be used must be disclosed to the tenant. If you fail to pay the deposit into a scheme, the tenant could take court action against you to claim compensation. A failure to comply with your obligations could also potentially affect your right to regain possession of the property. 

If you are a landlord in need of advice on any matter relating to rent deposits, contact the Smith Partnership team today.

Disrepair

Landlords must ensure that a property is kept safe and in good repair when it is rented out to a tenant. When a tenant reports an issue to their landlord and that issue falls within the landlord’s repairing obligations, the landlord must address it within a reasonable period of time after being notified.

If a landlord fails to comply with their repairing obligations, the tenant could take court action against them to claim compensation. 

If you are a landlord in need of advice in relation to disrepair, contact our expert landlord solicitors.

Recovering possession of a property

In some cases, a serious dispute with a tenant could result in eviction. In these circumstances, it’s vital you have fulfilled your duties as a landlord by providing the tenant with all necessary documents and information, upholding the responsibilities under the tenancy agreement as well as any others that are prescribed by law. Failing to do can significantly delay the eviction process or strip you of your right to evict, posing a significant risk to your investment and livelihood. 

Since Section 21 “no-fault” notices were abolished on 1 May 2026 by the Renters’ Rights Act 2025, a landlord must now serve a Section 8 Notice if they want to evict a tenant. 

A Section 8 Notice must be in the prescribed form; set out the ground(s) for possession that are being relied on and give the tenant the correct amount of notice. After the notice has expired, the landlord must then obtain a possession order from the Court and then instruct a Bailiff to carry out an eviction. 

At Smith Partnership, we offer a fixed fee for drafting a Section 8 Notice on certain grounds, including where the landlord wants to sell the property; move back into the property themselves or move a family member in, or where there are at least 3 months’ rent arrears. We also offer fixed fees if a claim for possession and an application for a Bailiff’s Warrant become necessary. Typically, Court fees and fixed legal costs are recoverable from the tenant if a possession order is made. 

Our specialist landlord and tenant solicitors can advise you on the right approach to suit your circumstances. 

Tenancy disputes

In some cases, disagreements relating to a tenancy may lead to a dispute. Whether the property in question is residential or commercial, conflicts between landlords and tenants have become all too common. Issues that may lead to a tenancy dispute include:

  • Rent arrears
  • Breach of covenant
  • Disputes regarding the renewal of a lease
  • Possession claims
  • Disputes relating to service charges
  • Dilapidation claims, for example as a result of damage to the property

If you are a tenant or landlord and are involved in a dispute with regards to a tenancy, don’t hesitate to get in touch to see how we can help.

The eviction process

At Smith Partnership, we aim to make the eviction process as straightforward as possible. We will begin by assessing your situation and advise you on the best path forward. By tailoring our advice to your individual circumstances, we can help recover your property in the most efficient and effective way.

From there, we will draft all necessary letters and notice documents. Our experts will submit the claim to court and draft related court documents using their extensive knowledge and expertise. If a defence is mounted during the process, we will act promptly and provide you with full details on your position as well as any additional costs you may incur.

In the case that court proceedings are issued, our specialists offer expert advice and representation throughout the process. Once a possession order is obtained, our team can guide you through the next steps of recovering your property.

Why choose our landlord and tenant solicitors?

Enlisting the advice of a legal expert is crucial to ensuring your property investment is protected. Having our specialists on board from the very beginning can go a long way in avoiding disputes. If a tenancy dispute does arise, we can work with you to provide a prompt and effective resolution.

With offices in Derby, Leicester, Burton upon Trent, Swadlincote and Stoke-on-Trent, Smith Partnership's landlord and tenant lawyers are always on hand to support and advise you on any property-related matter. Our approach is transparent and straight-talking, helping you to minimise the financial impact a dispute is likely to have.

DON’T JUST TAKE OUR WORD FOR IT...

The team is proud to have been recognised by the Legal 500, which states: 

Fielding a team praised by clients as ‘genuine specialists’ that ’cover a broad spectrum of property litigation’, Smith Partnership‘s property litigation practice is particularly rated for work within the pubs and hospitality sector. Russell Davies is the chief contact for pubs, with experience leading on pub tenancies, lease renewals, and boundary disputes. The ’very talented’ Oliver Maxwell joined the team in January 2025 to work alongside Liam Kreibich, who assists landlords and tenants.

‘I would have no hesitation in recommending Smith Partnership to deal with property disputes. They have a very talented and respected team who are genuine specialists and cover a broad spectrum of property litigation. They are approachable, focused, and very experienced.’

‘Oliver Maxwell is a solicitor who goes above and beyond most of his peers to deliver results for clients. I was impressed by his creativity and ability to think outside the box, whilst also dealing with tricky cases in a measured and composed manner.’

The Legal 500, 2026