Landlord and Tenant Disputes


  • Midwinters only accepts instructions from Letting Agencies and/or Landlords.
  • Residential Landlord &Tenant issues particularly in relation to section 21 and section 8 Possession proceedings but also Injunctions, Notices to Quit for tenants with Licences and other less often required Notices and any subsequent Court proceedings.
  • The preparation of the relevant Notices for Landlords not represented by a Letting Agent. Considering which of the Section 8 or Section 21 to be the better court process to use (or very occasionally both in tandem). The vast majority of Letting Agents offer the preparation of the Section 8 and/or Section 21 Notices as a valuable and  helpful part of their service and are very familiar with the increasing number of rules and requirements for a valid Notice to be served (failing which it risks the Notice having to be prepared and sent to the tenant again, which could waste months).
  • In terms of assisting Letting Agents and their Landlord clients, John’s role is usually to check that the requirements for a valid Notice have been complied with, drafting the Court papers, and progressing the matter through the Court process to obtain an Order for Possession and when appropriate a Judgement for costs/any outstanding rent against the tenant. If the tenant does not vacate, John will instruct the bailiffs (or the High Court Sheriff) to evict the tenant. John has a good working relationship with local bailiffs, having dealt with them over many years. If there is a Judgement for rent arrears and/or costs, considering whether it is worth pursuing this via further court enforcement action and if so taking the appropriate steps.
  • If there is a Court hearing it will be in Gloucester & Cheltenham County Court. It is easy for John to attend rather than having to instruct someone else (often with less knowledge about the case or access to the correct paperwork). This can be important if a tenant and/or the free housing expert representation that is always available to the tenant at the Hearing raises issues in Court that could not be anticipated.
  • If the Landlord faces a claim (or counterclaim within the Landlord’s court proceedings) in particular relating to alleged disrepair of premises and/or a claim the premises are in breach of the Homes (Fitness for Human Habitation) Act 2018, under the Protection from Eviction Act 1977, the Equality Act 2010, and the Protection from Harassment Act 1997 the trial will be local. John will be fully conversant with the issues and the witnesses so will usually represent the Landlord at Trial thereby obviating the need for a barrister and a duplication of costs.
  • John is regularly referred work from local Letting Agents. He works in close collaboration with the Agent and the Landlord, having developed a good working relationship with the Agents, their staff and the way the Letting Agent’s systems work. It is very much a team effort to achieve the best outcome for the Landlord at a reasonable cost. It is helpful that all are local so face to face meetings can be convened at short notice with the Landlord and/or Letting Agency staff who sometimes have to provide witness statements for the Court proceedings.
  • John is very happy to help Letting Agents with general Landlord & Tenant queries free of charge. If it appears that the work may be of a more substantial nature John would assist as far as possible but may have to give an outline of charges if further assistance were required  (this has not occurred to date with any of John’s Letting Agent clients though numerous wide ranging queries are often raised).
  • Letting Agent references in respect of the quality of John’s work are available upon request.

To contact John, call 01242 514674 or click below to see how we can help.

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