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Letting your property

The law that governs tenancies is full of pitfalls for landlords. Make a mistake when dealing with your tenants, whether in drafting documents or in your ongoing treatment of your tenants and you could find yourself in litigation. Follow the correct procedures on the other hand and the role of a landlord is straightforward. A solicitor with experience of landlord and tenant law will be able to put you on the right track, potentially saving you time, money and stress down the line.

The main type of tenancy for private landlords in England and Wales is the assured shorthold tenancy. This gives the landlord the right to terminate the agreement after six months. In Scotland the short assured tenancy is the most common choice of private landlords. You may wish to put specific clauses in the tenancy to protect your property and ensure that the obligations you have to other tenants and neighbours as owner of the property are met.

Issues to watch out for

• What does the rent cover? Are bills or service charge included? How much should the tenant pay in advance?
  
  
• How do you serve notice on the tenant when you want them to leave?
  
  
• What happens if they refuse to go?
  
  
• What are your obligations to repair?
  
  
• Have you got all appropriate gas safety certificates?
  
  
• Is the property furnished? What level of damage entitles you to retain the tenant’s deposit?
  
  
• What are your rights to enter your property?
  
  

Solicitors’ fees

Solicitors who are experts in landlord and tenant law can help you draft your tenancy agreement and explain your obligations to your tenant. They can also help with eviction proceedings if this becomes necessary. Legal fees will depend on the level of expertise of the solicitor you employ. You can often arrange a first consultation for a fixed fee.

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