:: Landlord & Tenant Law ::
We can advise on all aspects of Landlord and Tenant Law whether you are a Landlord or Tenant.
We can prepare tenancy agreements and ensure compliance with the appropriate law.
Arrange the correct service of notices when you wish to end the tenancy.
Advise on what are the Landlords and Tenants responsibilities. How to deal with difficult Tenants or how to deal with bad Landlords.
Letting residential property
The governing law is the Housing Act 1996 and the majority of letting's will be Assured Shorthold Tenancies (‘AST’ for landlord tenant law) there other types of letting for particular circumstances and we can advise on those as required.
We can produce a standard AST (for landlord tenant law) letting agreement for you at a relatively low cost.
Important points
- This form of agreement is only suitable for individuals and an AST cannot be granted to a company
- It is important to have all occupiers over the age of 18 join in and sign the AST
- The initial term must be for at least six months but can be for any longer period you agree
- During the initial period the landlord cannot obtain possession unless the tenant has breached the terms of the AST.
- It can be granted on a month to month basis but again possession cannot be obtained during the first six months unless there is a breach of the AST
- Under either arrangement the landlord must give 2 months notice to the tenant to leave the premises. So if it is for a fixed term the notice must be served two months before the end of the term if it is not served the tenancy will continue
- An AST (for landlord tenant law) attracts stamp duty although there are exceptions, if it is not stamped it cannot be used in court to enforce the terms of the AST. It must be stamped within one month of its execution or you attract penalties. The tenant has to pay the stamp duty although a landlord still needs to present his counterpart AST and have it stamp should he/she wish to enforce its terms
- An inventory should be produced recording what of the landlords furnishings are in the property and its condition and signed by the tenant
- If you have a mortgage you will need the consent of your lender to any letting unless you have a specific ‘buy to let mortgage’
