Residential Property Disputes

Problem tenants can be an unwelcome issue for landlords. Landlords can seek to avoid problem tenants by vetting potential tenants carefully, by obtaining references and performing credit checks where possible.

Landlords are only able to obtain possession from a residential tenant in occupation, with an order of the court. It is important that the correct procedure is followed to ensure that possession is obtained, as technical defects in the notice or proceedings can defeat or delay a claim. Appropriate steps will also be necessary to recover the rent arrears and costs.

Neighbour disputes may arise where:

  • There is a disagreement as to where the boundary line dividing the properties actually lies
  • A neighbour wishes to build or erect something on or near to the boundary line.
  • A “nuisance” claim, where something from the neighbouring land affects the other neighbour’s land, ie overhanging tree branches, flooding from the land of one neighbour to that of another.
  • Covenants and easements giving rights and obligations over each other’s land, ie a right to access.

Neighbour disputes should be resolved sensitively and proportionately between the parties rather than engaging in entrenched litigation.

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