LANDLORD AND TENANT BARRISTERS 

29.05.25 12:09 PM - Comment(s) - By dabclerk

Landlord and Tenant barristers are legal specialists who advise, represent, and advocate in disputes and legal matters involving residential or commercial landlords and tenants. This area of law is part of property law and can be highly technical, involving statutes, contracts (leases), and case law.
🔍 What Landlord and Tenant Barristers Do: 1. Advice and Legal Opinions They provide expert advice on:
Tenancy agreements and lease interpretation
Landlord obligations (repairs, notice requirements, deposit protection)
Tenant rights (possession, quiet enjoyment, habitability)
Rent arrears and service charge disputes
Evictions and possession claims
Lease renewals or termination under the Landlord and Tenant Act 1954 (commercial)
Housing disrepair claims
Unlawful eviction and harassment

2. Representation in Court or Tribunal They appear on behalf of landlords or tenants in:
County Court (for possession claims, rent arrears, injunctions)
First-tier Tribunal (for leasehold disputes, service charges, rent increases)
Upper Tribunal or High Court (for appeals or complex matters)

3. Drafting Legal Documents They prepare or assist with:
Notices (e.g., Section 8, Section 21, break notices)
Grounds of claim or defence
Settlement agreements
Written legal opinions and skeleton arguments

4. Negotiation and Settlement They can:
Negotiate settlements between landlords and tenants to avoid litigation
Assist with alternative dispute resolution (e.g. mediation)

5. Direct Access Work Many landlord and tenant barristers are Public Access (Direct Access) qualified, meaning:
You can instruct them without needing a solicitor
This is often more cost-effective, especially for straightforward possession claims or advice on notices

⚖️ Common Situations Where They Help:
A landlord wants to evict a tenant who hasn’t paid rent
A tenant has been unlawfully evicted and wants compensation
A leaseholder disputes high service charges
A commercial tenant wants to renew a lease or challenge forfeiture
Either party wants clarity on their rights and responsibilities under a lease


dabclerk