Residential Tenancies - The Rules 2

Residential Tenancies -the rules (2)

Letting residential properties in the UK requires that the landlord grant the tenant a legal right to reside at the property in question. In UK law this is achieved by raising a tenancy agreement. In this second article, Menasche Scharf explains further the technicalities in layman’s language
Residential tenancy agreements are rarely that easy to comprehend. To help you navigate a path through their legal minefields I have assembled below some base rules that you will need to observe, both as landlord and as tenant.

As Landlord
· Creating a tenancy agreement is absolute. It cannot be changed for another type of agreement upon renewal.
· Never attempt to force a tenant out of the property. If they won't leave in accordance with the tenancy agreement you have in place you will need to obtain a court possession order.
· All occupants of legal age in the property must sign the tenancy agreement.
· Should you be worried about the financial viability of a tenant, obtain a surety / rent guarantee from a third party, such as a parent or guardian.

As Tenant
· Tenancy agreements protect the rights of the tenant AND the landlord. Should the landlord invoke a clause in the agreement that requires you to leave the property, then you MUST leave.
· If your tenancy agreement is an AST, and you feel that your rent demand is too high, you may apply to a rent assessment committee to have it reduced so that it is in line with rents for similar properties in the area.
· Should you breach the terms of your tenancy agreement - for example, if you default on rental payments for several successive months - the landlord has the right to start repossession proceedings against you.
Notices
When a landlord requires a tenant to leave his property, he must serve the correct notice at the correct time in accordance with the tenancy agreement in operation. One of three formal types of notice are used - Section 21a Notice, Section 21b Notice or a Section 8 Notice.
All notices are available as template forms and can be sourced through stationery outlets on the high street.