need to ask some questions
Frequently Asked Litigation Questions
Legal proceedings can feel uncertain, particularly when time, cost, and risk are involved. Below are answers to some of the questions we are most commonly asked, designed to give you a clearer understanding of how disputes are handled and what to expect when instructing us.
General Information
My tenant won’t leave after the tenancy ended, what can I do?
If a tenant refuses to vacate after notice expiry, you’ll need a court possession order. Darren can issue a standard possession claim (for rent arrears) or an accelerated claim (for Section 21). Once granted, bailiffs can lawfully evict the tenant if they still refuse to leave.
What if my Section 21 notice has expired but the tenant is still there?
Once a valid Section 21 notice expires, the next step is a court claim for possession. If you succeed, the court issues an order for possession (usually 14 days). If ignored, Darren can apply for bailiff enforcement.
My tenant’s fixed term ended, can I just change the locks?
Changing locks or removing tenants without a court order is a criminal offence under the Protection from Eviction Act 1977. Always seek legal advice before taking action, Darren can guide you through lawful possession.
The property has damp, and the tenant is blaming me, what should I do?
Landlords must keep the property free from serious hazards. Darren can advise whether the issue is due to tenant lifestyle or structural disrepair, and help you prepare an inspection report or response letter.
Can I increase the rent during a tenancy?
You can increase rent:
- By agreement with the tenant; or
- Preparing and serving a Section 13 notice.
It must be fair and in line with market rates. Darren can prepare the notice and check your tenancy agreement’s terms.
Can I evict my tenant if I want to sell the property?
If the tenancy is periodic or nearing its end, you can issue a Section 21 notice. The sale process can proceed once possession is obtained. Avoid serving notice during a fixed term unless a break clause allows it.
My tenant is subletting without permission, what can I do?
Subletting without consent breaches the tenancy agreement and can justify a Section 8 notice. Darren can advise on evidence and draft the notice correctly.
Can I keep the tenant’s deposit to cover damage?
You can deduct costs for damage beyond fair wear and tear, but only with evidence (photos, invoices). Darren can review your claim and help you document deductions properly through the deposit scheme.
Can I sue my accountant for negligence?
If your accountant made errors that caused you loss (e.g. incorrect tax advice, missed filings), you can claim damages. Darren will review and assess whether the standard of care was breached.
Is there a time limit for bringing a negligence claim?
You typically have six years from the date of negligence, or three years from discovery (if you only realised later). Darren can check limitation and preserve your rights with a Letter of Claim.
What can I recover in a negligence claim?
You can claim for direct losses and foreseeable consequences — e.g. wasted fees, financial penalties, or loss of opportunity. Darren will quantify your losses precisely.
Can I cancel a contract if the other side breaches it?
You can end a contract if the breach is repudiatory (serious enough to undermine the whole agreement). Darren will advise if it’s safer to terminate or claim damages instead.
What’s the difference between a breach and misrepresentation?
A breach is failing to perform a promise under contract; misrepresentation is giving false information before signing. Remedies differ, Darren can advise on rescission or damages.
The other side won’t pay, can I sue?
After a formal demand, you can issue a County Court claim. Darren ensures your claim complies with the Civil Procedure Rules and maximises recoverable costs.
Do I need to send a Letter Before Action?
A Letter Before Action gives debtors 14 days to pay before legal action. It demonstrates compliance with the Pre-Action Protocol and often prompts payment.
What happens after I get a County Court Judgment (CCJ)?
If unpaid, Darren can use enforcement options which he can explain further:
- Bailiffs or High Court Enforcement Officers
- Attachment of earnings
- Charging order
- Third-party debt order
Can I add interest or costs to the debt?
You can add 8% statutory interest under the County Courts Act or higher under the Late Payment of Commercial Debts Act. Darren ensures these are claimed correctly.
Why do I need a solicitor for a settlement agreement?
To be valid, a settlement agreement must include a certificate confirming you received independent legal advice. Darren can provide this same-day, ensuring your rights are protected.
Will my employer pay my legal fees?
Employers typically contribute £350–£500+VAT toward your legal fees. Darren handles this directly with HR or your employer.
Can I negotiate better terms?
You can negotiate higher compensation, extended notice, or better references. Darren will handle negotiations professionally to secure a stronger outcome.
The executor isn’t acting properly, what can I do?
Executors must act in beneficiaries’ best interests. If they delay, mismanage assets, or act dishonestly, Darren can apply for their removal or compel an account of the estate.
How long do I have to contest a will?
Strict time limits apply, especially for Inheritance Act claims. Early legal advice is crucial to avoid missing your opportunity.
Can I challenge a will after probate?
Although harder, it’s still possible to challenge after probate if fraud, forgery, or lack of capacity can be shown.
My neighbour built an extension over the boundary, what can I do?
You may be entitled to an injunction or damages. Darren will review title plans, instruct a surveyor, and negotiate or litigate as needed.
My neighbour’s tree is damaging my property, can I make them cut it down?
You can cut overhanging branches back to the boundary, but serious damage may justify legal action. Darren can help you send a formal notice or claim for property damage.
My neighbour’s extension is blocking light to my windows, what can I do?
If your property has enjoyed uninterrupted light for 20+ years, you may have a legal easement of light. Remedies include compensation or injunction.
How quickly can I remove trespassers?
Trespass claims can be issued immediately in court, and interim possession orders can remove squatters within 24 – 48 hours once granted.
Can I claim damages from trespassers?
You can claim compensation for property damage or lost rent. Darren can quantify and pursue these damages after possession is restored.
What’s the process for bringing a claim?
- Pre-Action correspondence
- Claim form and particulars
- Defence and disclosure
- Witness statements and trial
Darren manages the entire process with attention to protocol and cost efficiency.
What is mediation?
A neutral mediator helps parties reach an agreement. It’s quicker, cheaper, and confidential. Darren prepares clients thoroughly and represents them during mediation.
Can I appeal a court decision?
Appeals must usually be filed within 21 days and require permission from the court. Darren will assess whether there are grounds such as legal error or procedural unfairness.
My tenant won’t leave after the tenancy ended, what can I do?
If a tenant refuses to vacate after notice expiry, you’ll need a court possession order. Darren can issue a standard possession claim (for rent arrears) or an accelerated claim (for Section 21). Once granted, bailiffs can lawfully evict the tenant if they still refuse to leave.
What if my Section 21 notice has expired but the tenant is still there?
Once a valid Section 21 notice expires, the next step is a court claim for possession. If you succeed, the court issues an order for possession (usually 14 days). If ignored, Darren can apply for bailiff enforcement.
My tenant’s fixed term ended, can I just change the locks?
Changing locks or removing tenants without a court order is a criminal offence under the Protection from Eviction Act 1977. Always seek legal advice before taking action, Darren can guide you through lawful possession.
The property has damp, and the tenant is blaming me, what should I do?
Landlords must keep the property free from serious hazards. Darren can advise whether the issue is due to tenant lifestyle or structural disrepair, and help you prepare an inspection report or response letter.
Can I increase the rent during a tenancy?
You can increase rent:
- By agreement with the tenant; or
- Preparing and serving a Section 13 notice.
It must be fair and in line with market rates. Darren can prepare the notice and check your tenancy agreement’s terms.
Can I evict my tenant if I want to sell the property?
If the tenancy is periodic or nearing its end, you can issue a Section 21 notice. The sale process can proceed once possession is obtained. Avoid serving notice during a fixed term unless a break clause allows it.
My tenant is subletting without permission, what can I do?
Subletting without consent breaches the tenancy agreement and can justify a Section 8 notice. Darren can advise on evidence and draft the notice correctly.
Can I keep the tenant’s deposit to cover damage?
You can deduct costs for damage beyond fair wear and tear, but only with evidence (photos, invoices). Darren can review your claim and help you document deductions properly through the deposit scheme.
Can I sue my accountant for negligence?
If your accountant made errors that caused you loss (e.g. incorrect tax advice, missed filings), you can claim damages. Darren will review and assess whether the standard of care was breached.
Is there a time limit for bringing a negligence claim?
You typically have six years from the date of negligence, or three years from discovery (if you only realised later). Darren can check limitation and preserve your rights with a Letter of Claim.
What can I recover in a negligence claim?
You can claim for direct losses and foreseeable consequences — e.g. wasted fees, financial penalties, or loss of opportunity. Darren will quantify your losses precisely.
Can I cancel a contract if the other side breaches it?
You can end a contract if the breach is repudiatory (serious enough to undermine the whole agreement). Darren will advise if it’s safer to terminate or claim damages instead.
What’s the difference between a breach and misrepresentation?
A breach is failing to perform a promise under contract; misrepresentation is giving false information before signing. Remedies differ, Darren can advise on rescission or damages.
The other side won’t pay, can I sue?
After a formal demand, you can issue a County Court claim. Darren ensures your claim complies with the Civil Procedure Rules and maximises recoverable costs.
Do I need to send a Letter Before Action?
A Letter Before Action gives debtors 14 days to pay before legal action. It demonstrates compliance with the Pre-Action Protocol and often prompts payment.
What happens after I get a County Court Judgment (CCJ)?
If unpaid, Darren can use enforcement options which he can explain further:
- Bailiffs or High Court Enforcement Officers
- Attachment of earnings
- Charging order
- Third-party debt order
Can I add interest or costs to the debt?
You can add 8% statutory interest under the County Courts Act or higher under the Late Payment of Commercial Debts Act. Darren ensures these are claimed correctly.
Why do I need a solicitor for a settlement agreement?
To be valid, a settlement agreement must include a certificate confirming you received independent legal advice. Darren can provide this same-day, ensuring your rights are protected.
Will my employer pay my legal fees?
Employers typically contribute £350–£500+VAT toward your legal fees. Darren handles this directly with HR or your employer.
Can I negotiate better terms?
You can negotiate higher compensation, extended notice, or better references. Darren will handle negotiations professionally to secure a stronger outcome.
The executor isn’t acting properly, what can I do?
Executors must act in beneficiaries’ best interests. If they delay, mismanage assets, or act dishonestly, Darren can apply for their removal or compel an account of the estate.
How long do I have to contest a will?
Strict time limits apply, especially for Inheritance Act claims. Early legal advice is crucial to avoid missing your opportunity.
Can I challenge a will after probate?
Although harder, it’s still possible to challenge after probate if fraud, forgery, or lack of capacity can be shown.
My neighbour built an extension over the boundary, what can I do?
You may be entitled to an injunction or damages. Darren will review title plans, instruct a surveyor, and negotiate or litigate as needed.
My neighbour’s tree is damaging my property, can I make them cut it down?
You can cut overhanging branches back to the boundary, but serious damage may justify legal action. Darren can help you send a formal notice or claim for property damage.
My neighbour’s extension is blocking light to my windows, what can I do?
If your property has enjoyed uninterrupted light for 20+ years, you may have a legal easement of light. Remedies include compensation or injunction.
How quickly can I remove trespassers?
Trespass claims can be issued immediately in court, and interim possession orders can remove squatters within 24 – 48 hours once granted.
Can I claim damages from trespassers?
You can claim compensation for property damage or lost rent. Darren can quantify and pursue these damages after possession is restored.
What’s the process for bringing a claim?
- Pre-Action correspondence
- Claim form and particulars
- Defence and disclosure
- Witness statements and trial
Darren manages the entire process with attention to protocol and cost efficiency.
What is mediation?
A neutral mediator helps parties reach an agreement. It’s quicker, cheaper, and confidential. Darren prepares clients thoroughly and represents them during mediation.
Can I appeal a court decision?
Appeals must usually be filed within 21 days and require permission from the court. Darren will assess whether there are grounds such as legal error or procedural unfairness.