Breach of Tenancy Agreement

Resolve breaches directly between landlord and tenant, negate the need for legal action

It is the wish of all landlords to have a smooth-running tenancy from which no problems arise. However, issues can often take place between landlord and tenant, be it disputes around rent payments or damage to the property, which can lead to an investigation as to whether there has been a breach of tenancy.

Sometimes, such tenant breaches can be resolved directly between landlord and tenant, negating the need for legal action (a court order) or third-party intermediaries. However, when dealing with issues, it is important that both parties know their duties and responsibilities to ensure that they do not commit an act that would also breach the tenancy agreement or the law.

As such, if you need help in understanding what your tenancy agreement or written contract really means for your role and duties as a landlord, and what the tenant is allowed to do, get in touch with the expert team at AST Assistance.

Having helped many landlords deal with the issue of a breach of a tenancy agreement, we are best positioned to efficiently and successfully resolve your case. Our expertise gives us the tools to help you with whatever services you need, from dispute resolution to eviction. Call us on 01706 619 954, email, or fill in our online form to request a call back.

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A tenant can breach a tenancy agreement in a number of ways. These vary in severity and therefore change the possible actions you can take in response to tenant breach. The specialists at AST Assistance have helped landlords with all kinds of breaches to the tenancy agreement, and offer guidance that is tailored to your circumstances.

We know how stressful it can be to deal with a breach of tenancy agreement. It can lead to further complications that cost you more money, require time to manage, and knowledge of legal rights to take appropriate action.

We have the experience needed to effectively and efficiently overcome breach of tenancy situations, even in the most tricky situations. Our breach of tenancy service is designed to approach the circumstances carefully and ensure that you get the outcome you deserve. Our knowledge of property law allows us to guide you and make sure you take action in a legal way.

Our team is renowned for helping landlords find the best course of action and deal with any breaches of tenancy. Whatever the breach of tenancy, get in touch with us to give you the best chance of getting the outcome you deserve.

How do I deal with antisocial behaviour?

As the property owner, you may have grounds to take action against the tenant if the anti-social behaviour damages the property, or is adversely affecting the lives of neighbours. This is the case whether the tenant is in a fixed-term tenancy or a periodic tenancy - both types of assured shorthold tenancy.

Criminal activity at the property

Criminal activity will certainly be a breach of the tenancy agreement, providing grounds for a court order for you to evict; in certain circumstances, you may wish to take legal action against the tenant, which may include looking to seek possession of the property.

Damage to the property

The landlord is responsible for many of the repairs to the property; for example, electrical wiring issues and broken pipes.

However, costs to cover damage to the property caused by the tenant and their guests that exceed reasonable wear and tear will fall on the tenant. Failure to repair these, or leaving the property in a condition that requires unreasonable repair and maintenance, is in breach of the tenancy agreement.

If the costs to resolve the damage exceed the deposit amount, you have the right to take further action to recover any further fees.

Disrepair issues

If the tenant is negligent in their living arrangements and causes damage, for example by a lack of cleanliness, the liability rests on the tenant to cover costs. Failing to maintain the property in a good state of repair can result in a breach of the agreement.

Keeping pets if the tenancy agreement expressly forbids this

Sometimes, it is acceptable to keep pets on the property, but only if this is explicitly stated in the tenancy agreement.

There may also be a clause in the tenancy agreement that expresses the need for consent to keep pets, and if the tenant does so without your consent, they will be in breach of the agreement.

Rent arrears

Failing to pay rent is in direct breach of the tenancy agreement, and allows you to take legal action against the tenant. Visit our rent arrears page to see how we are equipped to help you overcome such situations.

Subletting if the tenancy agreement expressly prohibits this

Subletting means letting part or all of the property to another person, called the subtenant.  In some cases, this is permissible, but only if it is expressly agreed in the tenancy agreement. It may also be noted that permission to sublet must be obtained by the landlord.

As such, if the tenant sublets without the permission of the landlord, they are in breach of the tenancy agreement - be it an assured tenancy or fixed-term tenancy.

Seek expert advice

If your tenant has caused a breach of the tenancy contract or agreement, you likely have grounds to take action against them, which can include the route to evict tenants. However, there are often grey areas, and the process for taking action will depend on the tenancy circumstances, meaning that the resolution is not always clear-cut.

If you wish to resolve the matter, you must do so in accordance with the tenancy agreement yourself, or face incurring penalties. As such, if you suspect a breach of the tenancy agreement, you should get in touch with the expert team at AST Assistance, by calling us on 01706 619 954, emailing, or filling in our online form to request a call back.

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