Resolving Rental Disputes and Avoiding Eviction
Issues with rental properties often lead to tension between tenants and landlords. How can these tensions be managed to prevent them from escalating into difficult situations for both parties?
Conflict resolution methods
Rental disputes typically fall under the exclusive jurisdiction of the Justice of the Peace. However, there are alternative methods for resolving disputes amicably between tenant and landlord, such as Opens in new windowmediation, conciliation and arbitration.
Non-payment of rent
In the case of a rental dispute, tenants sometimes withhold rent as a form of protest, which can lead to legal action and the threat of eviction.
Case law sometimes upholds the principle of the "exception of non-performance" as a temporary defence, allowing a contracting party to suspend their obligations for as long as the other party fails to fulfil theirs.
Note: this principle, being an exception, must be handled with care! Tenants should make sure they have given their landlord formal notice to carry out the necessary repairs. Any deduction from the tenant's rent cannot exceed the extent of the inconvenience experienced, which is difficult for the tenant to estimate on their own. Tenants relying on this principle are therefore advised to set aside the withheld rent in a third-party account and not to stop paying rent altogether.
Summons to appear before the Justice of the Peace
If a tenant is taken to court by their landlord, it is important not to ignore the importance of attending the hearing. Failure to do so often results in eviction being ordered by default. A tenant can also make a "counterclaim" if they have any claims against the landlord.
Legal aid
For more information, Opens in new windowfront-line legal aid is free and accessible to everyone. It provides practical information, legal advice, an initial legal opinion or a referral to a specialised body or organisation.