Pictured above: Fiona Samuda

With every penny counting, and property owners feeling the pinch, one Coventry and Warwickshire solicitor has seen a 60% rise in the number of landlord and tenant dispute cases being pursued since 2009.  

Fiona Samuda, a civil litigation solicitor at local law firm Alsters Kelley, warns: "The recession has been tough for everyone and the lettings market has been hit hard. While this has meant a lot of choice and good deals on rent for those looking for a new home, it has been a difficult period for landlords struggling to keep up on the mortgage payments.

"We've had a lot of tenants coming to us for advice about what they see as sudden and unreasonable increases in rent.  However, more commonly, it is the landlords who are facing difficulties - tenants who are unable to keep up with the rent but refuse to leave the property or who disappear owing rent for the previous months. Equally, we see a lot of landlords who are faced with problems because their tenants are causing a nuisance to the neighbours."

Alsters Kelley specialises in supporting landlords through serving notice and issuing possession proceedings and receives at least three separate enquiries on this matter every week.  

Ms Samuda advises that landlords should seek legal advice as early as possible when faced with a problem tenant. "We see a lot of landlords who have tried to issue proceedings themselves or with the backing of a lettings agent who does not have training in the field," she says. "It takes a lot of unnecessary time and cost to put right any mistakes which have been made in the early stages. Not to mention, you could be stuck with that problem tenant for far longer than anticipated."

She continues: "It has become more important than ever to ensure that all exchanges with your tenants are documented and that the relationship is based on a firm legal footing. Make sure the contract has been reviewed by an appropriate legal advisor - solicitor or legally-trained lettings agent - and take pictures of the property before the tenant moves in so you have evidence of the property's condition. It is also vital that you and the tenant complete and sign an inventory of the items in the property and their condition. This should be completed for each new tenancy agreement."

Ms Samuda concludes by warning that the courts place much stronger obligations on landlords than tenants. "This," she says, "is to avoid unnecessary evictions and vulnerable people being made homeless. That is also why an immediate eviction can often take up to two months rather than the 24 hours that landlords may expect."

Fiona Samuda is based at the Coventry office of Alsters Kelley, which also has premises in Leamington Spa and Nuneaton.