Landlord And Tenant Advice
We provide advice and information to Landlords and Tenants in single and multiple let dwellings. We also ensure that properties are of the "statutory fitness standard" including the requirement to secure a satisfactory means of escape in the case of fire.
Letting your property to other people creates a legal relationship between landlord and occupier. However informal you intend the arrangement to be, there is legislation which sets out yours and your tenant's rights and responsibilities.
Properties and how they can be let
Various circumstances might lead you to be thinking about becoming a Landlord:
- you own an empty house or flat
- the property may be your old home which remains empty while you are working elsewhere
- an investment property which you have bought intending to let it
You may want to:
- let the whole of the property on one tenancy
- let to a number of different tenants
- let to a group of friends
- let part of the home you live in and either share with your tenant
- let a self-contained part of your home
Whatever you are planning to do you need to be clear what it is you have to let, and how you want to let it.
Resident Landlords
If you are letting part of the house you live in, even if it has been converted into self-contained flats, then you will be a resident landlord.
This is probably the simplest arrangement to understand, as the law attaches considerable importance to the fact that it is also your home. There are two basic types of letting involving resident landlords.
You should choose your tenant carefully, and make sure that you have a common understanding of the rules and courtesies you both expect. In these circumstances you are free to negotiate the rent.
These tenancies or licenses are called 'excluded'.
Landlord's Rights
- To charge a market rent (on lettings since January 1989)
- To fix terms of agreement before the tenancy begins
- To receive rent as and when it falls due
- To be advised of any necessary repairs or adaptations
- To be given proper notice by the tenants if they wish to leave
- To give correct notice to the tenant in order to evict them
- To inspect the property (by appointment)
If you are a resident landlord you can:
- Expect the tenant to leave without any special procedures if the relationship breaks down, you need to sell the property with vacant possession or if your circumstances or requirements change in any way
- You do not have to obtain a Court Order to get possession if you want the tenant(s) to leave
Remember, it is a criminal offence to evict without giving notice. If the tenant does not leave, you must not use force to evict them.
Tenant's Rights
- To know the terms of the tenancy
- To know who the landlord is (name and address)
- To safe and secure accommodation in a decent state of repair
- To 'quiet enjoyment' while living in the property
- To proper notice if the landlord wishes to inspect the property. The Landlord must give the tenant 48 hours notice that they wish to inspect the property. If the time is not suitable to the tenant, a mutually agreeable time must be arranged.
- To correct notice to leave the accommodation. Assured Shorthold tenants are entitled to two months written notice, two weeks notice in the prescribed format if they are being evicted for 2 or more months rent arrears or anti-social behaviour. Once this notice has expired, the Landlord must apply for a court Order.
- To a Court Order if they do not leave during the notice period (as long as they do not share facilities with a resident landlord)
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