How to handle a breach of the tenancy agreement

Landlords will likely have to deal with a breach of the tenancy agreement at some point during their experience of letting out properties. It can be frustrating when you notice a tenant breaking the lease agreement, but there is a process to help you navigate the problem.

This comprehensive guide will outline what constitutes a breach of the tenancy agreement and explain how landlords can respond proportionately. We will also provide practical tips to help landlords protect their property and rights while maintaining professionalism and compliance with tenancy law.

What is a tenancy agreement? 

A tenancy agreement is a document that outlines the responsibilities of both landlord and tenant during the entire tenancy. Whilst not mandatory, most landlords will recommend having a tenancy agreement as it can provide a safety net for landlords during disputes.

A well-written tenancy agreement can end disputes over who is responsible for what. It should be shared with the tenant at the start of the tenancy and can then be referred to at any point during the tenancy. It’s effectively a rulebook for both tenants and landlords to follow. Follow our tips on how to write a tenancy agreement with our guide.

Common reasons resulting in a breach of the tenancy agreement

A tenant breaches the tenancy agreement when they fail to fulfil their tenant responsibilities as outlined in the tenancy agreement. Finding a tenant breaking the lease agreement can be annoying because the landlord will often have to deal with negative consequences.

Some of the most common breaches of the tenancy agreement include; 

• Rent arrears
• Failure to fulfil maintenance responsibilities
• Failure to make the necessary repairs
• Damaging the property
• Keeping a pet
• Smoking/vaping inside the property
• Disturbing the neighbours
• Anti-social behaviour 
• Subletting

How landlords should respond to a breach of the tenancy agreement

Whilst it can be frustrating, landlords do not need to worry. A well-drafted tenancy agreement, a portfolio of evidence, and abiding by the legal guidelines should help protect you, your property and your investment during such instances. This step-by-step guide should help you deal with a breach of the tenancy agreement.

1. Record evidence and documentation

This step is very important. Tenants will find it easier to dispute the breach of the tenancy agreement if the landlord goes without solid evidence and supporting documentation. Evidence recording needs to happen throughout the breach, not just towards the end when the landlord wishes to escalate. Some examples include;

• Written documentation: Keeping a record of any communication between the landlord and tenant about the tenancy breach. It’s also worth noting some conversations with neighbours or others who have the necessary evidence. The documents can include emails, text messages, or a formal written statement.
• Police report: If the police have been called to the property, obtaining a copy of the police report can serve as strong evidence.
• Photographic evidence: If possible and legal in your jurisdiction, capturing photographic of the breaches can really help
• Inventory list: This should already exist at the start of the tenancy and is a good reference point for the condition of the property before the tenant moved in.
• Tenancy agreement: This is self-explanatory. During a dispute, you will probably need to refer to it!

2. Speak to the tenant breaking the lease agreement

Speaking directly to the tenant is an important step. As long as you have gathered the required evidence, an eviction for a tenancy breach is possible. However, it is not advisable to jump to that possible outcome immediately.

Depending on the severity of the tenancy agreement breach, go in with an open mind rather than an all guns blazing approach. The breach might be inadvertent, with the tenant being oblivious to the problems. 

Start the conversation respectfully. Perhaps the tenant is going through a difficult time. Some tenant breaches, such as illegal activity, can upset the tenant. Be mindful of these potentially sensitive subjects, and remember that maintaining a positive landlord-tenant relationship is vital.

You might be able to resolve the situation in a friendly manner, but it’s not always possible. If it doesn’t work after a reasonable period of time, your next step is to send a formal notice of the breach of the tenancy agreement. You should also ask the tenant to stop breaching the tenancy agreement and highlight how you will seek legal action if the tenant refuses to change their actions.

3. Seek mediation 

Despite your efforts to resolve the conflict between the two parties, there’s a chance there will be no progress. Contact your local mediation service to arrange a meeting for both parties. Inform them that mediation involves a small fee but is far more cost-effective than hiring a solicitor. Make it clear to both parties that they must attend the mediation.

4. Get legal advice about a tenant breaking lease agreement

Handling a breach of tenancy agreement can be complex, especially if the tenant disputes the issue or refuses to cooperate. Seek advice from a solicitor if:

• The breach involves significant financial loss or property damage.
• The tenant threatens legal action or claims you’ve breached your obligations.
• You’re unsure about the correct legal procedure for serving notices or pursuing eviction.

Legal advice ensures you comply with UK tenancy laws and avoid costly mistakes.

5. Consider eviction

This is the last step; the landlord should only use it as a last resort. However, sometimes it is unavoidable. A landlord can use a Section 8 notice to evict a tenant who is breaking the lease agreement. Section 21 notices will be abolished when the Renters’ Rights Bill becomes law. This is expected to happen in 2025.

For a Section 8 notice to be valid, it must clearly state the reason for eviction, referred to as the ‘grounds for possession,’ and include supporting evidence whenever applicable.

How much notice do I need to give?

The amount of notice required depends on why you are evicting the tenant. In most cases, a breach of tenancy agreement requires two weeks’ notice. However, specific reasons might allow for a longer or shorter notice period. For a full breakdown of the amount of notice time needed, check out our guide on eviction notices.

Protect your property and investment

Throughout the process of handling a breach of tenancy agreement, take steps to protect your property and legal rights:

• Conduct regular inspections: Schedule periodic property checks (with proper notice) to identify potential breaches early.
• Keep detailed records: Document all interactions, payments, and property conditions to support your case if disputes arise.
• Stay compliant: Ensure you meet your obligations as a landlord, such as maintaining the property and protecting the tenant’s deposit, to avoid counterclaims.

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