Resolving disputes with landlords or managing agents

Check your lease to confirm:

• what your landlord or their agents are responsible for
• what rights you have

The lease might mention a complaints process you can follow. If it doesn't, check for one elsewhere - for example, on the landlord's or managing agent's website (you can also ask them). Many retirement leasehold developments will have a complaints and escalation process you can follow.

Leases can be hard to understand. For example, it might refer to your right to “quiet enjoyment” or the landlord’s “derogation from grant” (losing the rights given to you in the lease). Older leases might not include your statutory rights.

Your rights and responsibilities explained

It’s important to keep records of any problems, including:

• dates and times of incidents or breaches
• what has happened and how it has affected you
• any communications with your landlord
• photos or videos where relevant

Good documentation can help if the issue escalates to a court or tribunal.

In many cases, it is best to attempt an informal resolution before taking formal action.

Options depend on the issue, but can include:

• contact the landlord and clearly set out the issue and what action you want them to take
• use independent mediation to reach a solution with the landlord
• get advice from your local council or organisations like Citizens Advice
• complain to your tenants' or residents' association if you have one

Withholding payments

Do not deliberately withhold payments that are due under the terms of your lease as a way of resolving an issue with your landlord or their agents. They might take action against you for breaching your lease.

If your dispute is about a service charge, it might be better, for example, to pay them ‘under protest’ whilst seeking legal advice on your options or challenging them at a tribunal.

Find out more: costs and charges - including when you can challenge them

If informal attempts do not work, you should contact your landlord formally in writing.

Include:

• the issue and how the lease is being breached (broken)
• what you want the landlord to do to put things right
• a reasonable deadline for a response and follow-up action

Keep copies of any letters for your records.

Complaint schemes

Depending on the issue, you might be able to complain to a government-approved complaints scheme (known as a “redress scheme”).

Find out more: government-approved redress schemes

Statutory rights

If you qualify, you might also be able to:

• appoint a different managing agent
• take over the management of your building
• effectively remove a landlord (freeholder) by buying the freehold

Find out more: understanding your statutory rights

Legal action is usually a last resort. It can be expensive, stressful and time-consuming.

Options will depend on the issue, but can include:

• court claims: for breaches such as failure to carry out repairs, insurance obligations, or interference with property rights
• going to a tribunal: for disputes relating to unsatisfactory management, service charges or appointing a new manager
• damages: to recover losses caused by breaches

If you decide to take legal action, this will need to be against your landlord (freeholder), rather than the managing agent. This is because your lease is a legal agreement between you and your landlord. They are responsible for making sure that the managing agent meets their responsibilities and that the building is properly managed.