The relationship between a landlord and a tenant is a legal one that gives both parties certain rights as well as responsibilities. Here we look at what landlords and tenants need to consider when dealing with letting a property under an assured shorthold tenancy and issues to be aware of.

What are the rights of both parties?

Both the landlord and the tenant will have certain rights that are protected by the law. Before a landlord decides to rent out a property, they have to make it clear what the circumstances are surrounding the rental. This includes confirming:

• Whether the property is empty and independent of the landlord’s own home or will the tenant be sharing the landlord’s own home in some way?
• Has the property been purchased specifically to rent out?
• Whether the landlord wants to have single tenants or is will do multi-lets.

All tenants enjoy the following rights:

• The right to freedom from harassment and eviction.
• The right to proper notice to quit the property (at least 28 days’ notice, increasing to 12 weeks’ notice depending on the length of time the tenant has lived at the property).
• The right to a rent book giving details of the landlord as well as the amount of rent and when it is due and how much rates are payable if applicable.
• The right to due process of law, meaning the landlord has to follow the correct legal procedure before evicting the tenant.
• The right to default repairs and a default tenancy term (at least six months) and a tenancy statement if the tenancy began after 1st April 2007.
• The right to 24 hours’ written notice before the landlord is allowed access to the property.

A tenancy agreement cannot take away from these basic rights, but it can supplement them with additional rights on issues such as repairs, subletting, taking in lodgers, keeping pets, ending the tenancy and passing on the tenancy to someone else.

A landlord also has certain basic rights such as:

• The right to charge market rent in an uncontrolled tenancy.
• The right to agree the terms of the tenancy.
• The right to receive rent that is owing.
• The right to be advised of repairs that are needed.
• The right to give the tenant proper notice to quit.

Considerations for the landlord

As well as basic rights, both parties also have various obligations. Before letting a property there are various issues that a landlord needs to ensure are complied with including:

• Ensuring any gas appliances are covered by a current Gas Safety Certificate and that it is renewed annually by a Gas Safe registered gas engineer. Tenants must be supplied with copies of these certificates.
• All properties must hold a current energy performance certificate (EPC) showing the rating for the property’s energy efficiency. An EPC lasts for ten years, and those properties that fall in the lowest bands cannot be let from April 2018.
• Deposits must be protected in a deposit scheme, and the relevant documentation has to be given to the tenant within 30 days of the deposit payment.
• A multi-let property has other requirements including licences as well as planning permission where a property’s use is changed from a family dwelling to a multi-let property.
• If the property is mortgaged, then the landlord must check that it is permissible under this to let the property.
• Does the property’s insurance cover tenants?
• The property must have smoke alarms on every floor and carbon monoxide detectors if there are solid fuel appliances. Evidence that these are working must be provided to the tenant and the tenant should regularly check they are working.

Other issues that the landlord needs to consider is:

• Making sure they have performed the immigration right to rent checks within the 28 days before signing the tenancy.
• Credit checks on the tenant to ensure they can pay. These require the consent of the tenant. For tenants based overseas this will not be possible, and so the landlord may wish to consider payment of the full amount of rent at the start or the use of a guarantor.
• References from previous landlords may be requested.
• Does the landlord wish to use a letting agent to let and manage the property? This is something the landlord should consider. Despite being an additional cost, it can eliminate some of the stresses of letting a property.

Checks for the tenant

There are various factors that the tenant will want to consider, which include:

• The length of the tenancy- this can be between 6 months and a year, but landlords are advised to start with a 6-month tenancy as a probation period, after which a longer tenancy may be offered.
• The tenant needs to decide how much they can afford to pay.
• Tenants that qualify for housing benefit or Universal Credit may be entitled to receive help with all or part of the rent.
• The tenant should ensure they have all the relevant documentation required by the landlord to perform their checks. This includes ensuring that they have the right to rent a property in the UK.
• Tenants that need to have their rent guaranteed will need to ensure they have a relevant guarantor. Where this is not possible, then guidance is offered by the charity, Shelter.
• Check the requirements of the landlord since there can be restrictions on the use of the property including whether pets and children are allowed, if smoking is permissible and rules on recycling and refuse.
• The tenant should ensure they check who pays the bills for the property- this is usually the tenant.
• Tenants should insist on a written tenancy agreement and make sure they read it properly before signing. Before moving into the property, the tenant and landlord should agree upon an inventory and make sure meter readings are taken.

Obligations after the start of the tenancy

The tenant must make sure they pay their rent on time as well as all bills they are responsible for. They must look after the property and get permission to perform any repairs or decorating. Tenants must be considerate to the neighbours to avoid complaints as well as not sub-letting or taking in a lodger without the landlord’s permission. If the property is in need of repair, then the tenant must tell the landlord.

The landlord has to ensure that the structure and exterior of the property are maintained and deal with any problems with the supply of utilities. Repairs need to be carried out where necessary and any appliances and furniture left in the property by the landlord need to be maintained.

Contact our Property Solicitors in London Today

If you require advice as a landlord or tenant on the issues surrounding letting a property, please contact Lewis Nedas and our expert property lawyers will be able to advise and guide you on your personal circumstances. Call us today on 020 3131 2928 or complete our online enquiry form.

What are the rights of both parties?

Both the landlord and the tenant will have certain rights that are protected by the law. Before a landlord decides to rent out a property, they have to make it clear what the circumstances are surrounding the rental. This includes confirming:

• Whether the property is empty and independent of the landlord’s own home or will the tenant be sharing the landlord’s own home in some way?
• Has the property been purchased specifically to rent out?
• Whether the landlord wants to have single tenants or is will do multi-lets.

All tenants enjoy the following rights:

• The right to freedom from harassment and eviction.
• The right to proper notice to quit the property (at least 28 days’ notice, increasing to 12 weeks’ notice depending on the length of time the tenant has lived at the property).
• The right to a rent book giving details of the landlord as well as the amount of rent and when it is due and how much rates are payable if applicable.
• The right to due process of law, meaning the landlord has to follow the correct legal procedure before evicting the tenant.
• The right to default repairs and a default tenancy term (at least six months) and a tenancy statement if the tenancy began after 1st April 2007.
• The right to 24 hours’ written notice before the landlord is allowed access to the property.

A tenancy agreement cannot take away from these basic rights, but it can supplement them with additional rights on issues such as repairs, subletting, taking in lodgers, keeping pets, ending the tenancy and passing on the tenancy to someone else.

A landlord also has certain basic rights such as:

• The right to charge market rent in an uncontrolled tenancy.
• The right to agree the terms of the tenancy.
• The right to receive rent that is owing.
• The right to be advised of repairs that are needed.
• The right to give the tenant proper notice to quit.

Considerations for the landlord

As well as basic rights, both parties also have various obligations. Before letting a property there are various issues that a landlord needs to ensure are complied with including:

• Ensuring any gas appliances are covered by a current Gas Safety Certificate and that it is renewed annually by a Gas Safe registered gas engineer. Tenants must be supplied with copies of these certificates.
• All properties must hold a current energy performance certificate (EPC) showing the rating for the property’s energy efficiency. An EPC lasts for ten years, and those properties that fall in the lowest bands cannot be let from April 2018.
• Deposits must be protected in a deposit scheme, and the relevant documentation has to be given to the tenant within 30 days of the deposit payment.
• A multi-let property has other requirements including licences as well as planning permission where a property’s use is changed from a family dwelling to a multi-let property.
• If the property is mortgaged, then the landlord must check that it is permissible under this to let the property.
• Does the property’s insurance cover tenants?
• The property must have smoke alarms on every floor and carbon monoxide detectors if there are solid fuel appliances. Evidence that these are working must be provided to the tenant and the tenant should regularly check they are working.

Other issues that the landlord needs to consider is:

• Making sure they have performed the immigration right to rent checks within the 28 days before signing the tenancy.
• Credit checks on the tenant to ensure they can pay. These require the consent of the tenant. For tenants based overseas this will not be possible, and so the landlord may wish to consider payment of the full amount of rent at the start or the use of a guarantor.
• References from previous landlords may be requested.
• Does the landlord wish to use a letting agent to let and manage the property? This is something the landlord should consider. Despite being an additional cost, it can eliminate some of the stresses of letting a property.

Checks for the tenant

There are various factors that the tenant will want to consider, which include:

• The length of the tenancy- this can be between 6 months and a year, but landlords are advised to start with a 6-month tenancy as a probation period, after which a longer tenancy may be offered.
• The tenant needs to decide how much they can afford to pay.
• Tenants that qualify for housing benefit or Universal Credit may be entitled to receive help with all or part of the rent.
• The tenant should ensure they have all the relevant documentation required by the landlord to perform their checks. This includes ensuring that they have the right to rent a property in the UK.
• Tenants that need to have their rent guaranteed will need to ensure they have a relevant guarantor. Where this is not possible, then guidance is offered by the charity, Shelter.
• Check the requirements of the landlord since there can be restrictions on the use of the property including whether pets and children are allowed, if smoking is permissible and rules on recycling and refuse.
• The tenant should ensure they check who pays the bills for the property- this is usually the tenant.
• Tenants should insist on a written tenancy agreement and make sure they read it properly before signing. Before moving into the property, the tenant and landlord should agree upon an inventory and make sure meter readings are taken.

Obligations after the start of the tenancy

The tenant must make sure they pay their rent on time as well as all bills they are responsible for. They must look after the property and get permission to perform any repairs or decorating. Tenants must be considerate to the neighbours to avoid complaints as well as not sub-letting or taking in a lodger without the landlord’s permission. If the property is in need of repair, then the tenant must tell the landlord.

The landlord has to ensure that the structure and exterior of the property are maintained and deal with any problems with the supply of utilities. Repairs need to be carried out where necessary and any appliances and furniture left in the property by the landlord need to be maintained.

Contact our Property Solicitors in London Today

If you require advice as a landlord or tenant on the issues surrounding letting a property, please contact Lewis Nedas and our expert property lawyers will be able to advise and guide you on your personal circumstances. Call us today on 020 3131 2928 or complete our online enquiry form.