Renting a property
It is only over the last ten years or so that the private rented sector has expanded and it is no longer considered unusual to rent a property. Prior to the 1990’s, rented accommodation still had a bit of a stigma attached to it.
Most leases now are for a minimum of six months. There are three main types of lease; the most common is an Assured Shorthold Tenancy which governs tenancies up to a maximum of £25,000 rent a year. Anything over this and it becomes a non Housing Act Tenancy. There are also Company Tenancies. Most contain the same detailsl and obligations on both sides but the amount of protection they afford the tenant varies.
All tenancies are governed by various pieces of legislation which are far too long and detailed to go into now but the main points for landlords and tenants are as follows:
Landlords must:
Not harass or disturb the tenant in any way. They cannot enter the property without the tenant’s permission
Maintain the property (also known as a full repairing obligation) and all common areas and the exterior of the property. Also if the property has been provided with certain facilities then the landlord must maintain these (e.g. electrical goods in the kitchen). This is of course providing the tenant has not caused the damage in the first place in which case it would be the tenant’s responsibility.
Pay all taxes and mortgage payments associated with the property. It is not completely unknown for a landlord to collect the rent and then not pay his mortgage. In this case the mortgage company has the power to apply for possession of the property. Likewise HM Customs and Excise can ask that you pay the rent net of tax and pay the tax over to them direct.
Tenants must:
Pay the rent in full and on time