Letting property – Tenancy Agreements
If you rent or are thinking of renting out your property it is vital that you are aware of your legal rights and obligations. The law protects both parties and does not permit you to take the law into your own hands, irrespective of circumstances.
When you let your property to a tenant, this is usually under an Assured Shorthold Tenancy (AST). If the intention of the parties is to grant a different type of tenancy a different procedure is required. Assured Shorthold Tenancies can be for a fixed term or left open-ended. Either way it is important you are aware of your obligations as Landlord and to comply with the Housing Act legislation dealing with the way in which the tenancy is created as well as requirements relating to safety and preventing discrimination. Failure to comply may result in civil or criminal proceedings.
What the Landlord is responsible for
- Repairs to the structure and exterior of the property, heating and fittings such as sinks, baths and heating system
- The safety of gas and electrical appliances
- The fire safety of furniture and furnishings provided
- Ensuring the property is fit for habitation
- The common areas in multiple-occupation dwellings
- Obtaining an Energy Performance Certificate
- Ensuring the tenant is not residing in the UK illegally
- Obtaining the consent of the freeholder (if the property is leasehold)
- Obtaining the consent of the lender (if the property is mortgaged)
- Placing any deposit in a designated deposit scheme
It is important to note that a breach of the above obligations can be a criminal offence.
Bringing the Tenancy Agreement to an end
Serving notice on a tenant to bring a tenancy to an end can be a minefield and be invalid of not served correctly. Our litigation team will support you at every stage of dealing with problem tenants and serving the correct notice depending on the type of tenancy and the grounds for doing so. Click here for more details.
Our team of expert conveyancing lawyers are able to draw up all necessary tenancy agreements and our litigation lawyers can also advise on problem tenants and applying to the Courts for possession if necessary, as well as serving the correct notice to bring the tenancy to an end.
Why choose us?
We have the necessary experience and expertise to deal with all aspects of letting a property.