We’ve put together this handy FAQ guide to give the answers to some of the most common questions that landlords and tenants may have.
What is a Tenancy Agreement?
A Tenancy Agreement is a legally binding contract between the landlord and tenant, detailing the requirements and obligations expected of both parties during the contract length.
A tenancy agreement should include:
- the names of all people involved
- the rental price and how it’s paid
- information on how and when the rent will be reviewed
- the deposit amount and how it will be protected
- details of when the deposit can be fully or partly withheld (for example to repair damage you’ve caused)
- the property address
- the start and end date of the tenancy
- any tenant or landlord obligations
- an outline of bills you’re responsible for
It can also include information on:
- whether the tenancy can be ended early and how this can be done
- who’s responsible for minor repairs (other than those that the landlord is legally responsible for)
- whether the property can be let to someone else (sublet) or have lodgers
What if my landlord doesn’t keep to their side of the Agreement?
If the landlord breaches the terms in the lease, you can take legal action against them. This is because the lease is a contract between two parties (the leaseholder and the landlord) and any actions for breach can be enforced via the courts.
Is my landlord allowed to enter the property at any time?
All tenants have the right to quiet enjoyment. This means having the right to live in your rental property without interference from a landlord, letting agent, or anybody else. Landlords may need to access the property to carry out general repairs or a property inspection. But before doing so, they need provide you with 24 hours’ written notice of their visit.
You can refuse access and prevent the landlord from entering if there hasn’t been prior warning. The only exception is in the event of an emergency.
Can a landlord refuse pets?
The Government has set out new regulation for tenants who own pets – plus more ways for landlords to recoup costs in case of damages.
The Renters (Reform) Bill is one of the most significant pieces of legislation for renters in the past 30 years. It will likely become law this year, but official timelines remain unclear. The Bill indicates that tenants can request in writing to have a pet in their rented property. A landlord must have a “reasonable” ground if they wish to refuse this request. More will become clear on this in the coming months.
Can my tenant refuse an increase in rent?
For a rolling week-by-week or month-by-month basis you can’t normally increase the rent more than once a year, unless you seek the tenant’s agreement. For a fixed-term tenancy (running for a set period of time) you can only increase the rent if the tenant agrees.
What if I want to remove my tenant?
You must follow strict procedures if you want a tenant to leave your property, depending on the type of Tenancy Agreement you have and the terms of it. Some tenants do leave by consent. However, if your tenant does not leave by consent you will require a court order and potentially a warrant of possession to force the tenant to leave your property.
What if my tenant damages the property?
If the tenant causes damage to the rental property, either the tenant pays to fix the damage, or the cost for fixing the damage is deducted from the tenant’s deposit at the end of the tenancy. Failure to resolve issues could lead to potential eviction.
Wear and tear should be allowed for.
This blog is concerned with properties in England and for information regarding rented properties in Wales see our blogs in relation to RHWA 2016.
For further advice, whether you are a landlord or a tenant, contact us for specialist advice on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
