Letting Property

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, the tenancy is usually an assured shorthold tenancy . If the intention of the parties is to grant a different type of tenancy, such as an assured tenancy, then the correct legal procedure must be followed.  Assured shorthold tenancies have many benefits for both parties and can be for a fixed term or left open-ended.

It is important that as a landlord you fully understand your obligations. The Disability Discrimination Act, Sex Discrimination Act and Race Relations Act applies to anyone letting premises and failure to comply with these Acts can result in a civil claim against the landlord.

What is the landlord responsible for?

  • repairs to the structure and exterior of the property, heating and hot water installations, basins, sinks, baths and other sanitary installations
  • the safety of gas and electrical appliances
  • the fire safety of furniture and furnishings provided under the tenancy
  • ensuring that the property is fit for habitation
  • repairing and keeping in working order the room and water heating equipment
  • the common areas in multi-occupancy dwellings

It is important for the landlord to appreciate that breaches of some of the landlord’s obligations can amount to criminal behaviour leading to severe penalties in the event of a conviction. 

You can end an assured shorthold tenancy without giving a reason at any time after six months, provided any fixed term you agreed at the outset has ended. You need to give your tenant at least two months written notice that you want your property back.  You can also end the tenancy at any time on certain grounds for possession set out in legislation. These include rent arrears, anti-social behaviour, and damage by the tenant. The length of the written notice you must give will depend on which ground you are using.

Whatever grounds the landlord relies on to evict the tenant it is not lawful for the landlord to take repossession of the property when the tenant is still in occupation without the sanction of a court order authorising the repossession.  
We are able to draw up all necessary tenancy agreements together with giving advice and guidance on problem tenants and applying to the courts for an eviction order if necessary.

For more infomation please contact one of the following:

Name Position Office
Clare Trevelyan Thomas LLB Hons Partner Crediton
Stephen Govier TEP Senior Solicitor Budleigh Salterton
Wendy Sandford Conveyancing Executive Crediton