September 21, 2017
The growth of the private residential sector along with legislative changes such as; right to rent and the mandatory use Tenancy Deposit Protection schemes, are leading to increases in the number of issues faced by landlords when tenancies come to an end.
The most common issues that Landlords face stem from two main areas:
- The Tenancy Agreement
- Complying with legal obligations of the Landlord.
The Tenancy Agreement:
One of the most frequent issues Landlords have when seeking to evict a Tenant is they become aware that their Tenancy Agreement does not contain the key elements of the agreement between the Landlord and Tenant. Alternatively, it is not uncommon for Landlords to not have issued any written Tenancy Agreement at all.
A good Tenancy Agreement should be clearly drafted, containing all the key obligations and the rights of both the Landlord and the Tenant. It should set out the term of the tenancy and most importantly the amount of rent to be paid and when. If a Tenancy Agreement does not contain this key information the process of gaining possession will be substantially more complicated.
Complying with the legal obligations of the Landlord:
Itâ€™s becoming increasingly complicated to be a private residential Landlord. The government have introduced a variety of pieces of legislation over the past 10 years that imposes legal duties on Landlords, to ensure their tenants have the right to reside in the UK; that deposits are protected within a set period; that their properties have an Energy Performance Certificates as well as the mandated electrical and gas safety requirements.
So how can you avoid falling foul of these obligations?
At Tayntons we can assist you with any aspect of private residential rental. From the initial purchase of the property, to the drafting of the Tenancy, advising you on your obligations and regaining possession of your property if things go wrong.
If you require further advice or would like to speak to a member of our Litigation team at Tayntons in Gloucester, call us free on 0800 1584147.
Article by James Melvin-Bath, Trainee Solicitor