|
|
|
|
Landlord and Tenant Law - Types of Tenancy
Any new tenancy agreement is bound by the terms of the Housing Act, 1988, and will be an "assured short hold" tenancy, or an "assured" tenancy. An assured short hold tenancy agreement, typically for a period of 6, or 12, months, is the most common type of tenancy agreement in the private rental sector. This type of tenancy agreement gives a tenant, or tenants, the legal right to live in a property for a specified length of time. Similarly, a landlord has a legal right to repossess a property at the end of that time.
An assured tenancy agreement, on the other hand, affords more rights to the tenant, and is the type often used by housing associations, and the like. A tenant, once again, has a legal right to live in a property for an agreed period, subject to the terms of the tenancy agreement.
Assured short hold, and assured, tenancies apply where a property is let as accommodation separate from that of the landlord, and is the main dwelling of a tenant, or tenants.
Other types of tenancy agreement, particularly those drawn up before January, 15, 1989, include "regulated" or "protected" tenancies, which provide tenants with more, and greater, rights against eviction than most private sector tenants, and "non excluded" and "excluded" tenancies, where tenants share some, or all, of their living accommodation with a landlord. A "bare contractual" tenancy is one is which the combined rent for a property exceeds £25,000 per annum. This is often the case, for example, in student households, where several individual contribute to the total rent.
There is actually no legal requirement for a landlord to supply a tenant with a written tenancy agreement; a verbal agreement is equally binding, from a legal point of view. However, in order to state, clearly, the terms and conditions of the tenancy, and to avoid unnecessary misunderstandings, a written tenancy agreement is a safer option for landlords and tenants alike.
The Housing Act, 1988
The Housing Act, 1988, grants certain rights to tenants, and, equally, to landlords. Tenants, for example, are entitled to know the full name and address of their landlord, and to enjoy reasonable use of a property, without interruption. A landlord has the right to enter a property for the purposes of inspection, or repair, provided that tenants are given adequate notice of such visits. Repairs to certain parts of a property – typically exterior or structural repairs – are the legal responsibilities of the landlord. Responsibility may include, but is not limited to, roofs, chimneys, guttering and down pipes, along with boundary walls, fences and railings.
Other Considerations
A rental property must, by law, be covered by a buildings insurance policy, which must also include an element of Public Liability insurance. Prospective private landlords should also bear in mind that many standard, residential insurance policies expressly forbid the letting of a property. It is wise, therefore, to seek advice from your existing insurance provider, if you are letting what was once your home, and to consider a specialised private landlord insurance package.
Landlord buildings insurance, like standard, residential insurance, protects you against the cost of structural repairs to a property. Buildings insurance should cover the cost of totally rebuilding a property; it has been estimated, by the Association of Residential Letting Agents (ARLA), that only 60% of rental properties in the UK do actually have adequate buildings cover. If you are letting a furnished property, you should also consider contents insurance to cover losses from items damaged, broken or stolen on a "new for old" basis.
Landlord liability insurance, for a sum of £2 million, is a legal requirement, and available, "as standard" from many insurance companies. This type of insurance protects a landlord against unforeseen accidents on a property, to tenants, or members of the general public. Death or bodily injury, caused by, for example, carbon monoxide poisoning, trespass or nuisance are typical eventualities covered by this type of policy. In the event of a personal injury claim against you, awards of £100,000, or more, are not uncommon, so it is worth making sure that you are adequately covered.
It is also the responsibility of a private landlord to protect his, or her, property, and its occupants, from the risk of fire. A "House in Multiple Occupation" (HMO), in other words, a house, or flat, that is shared by a number of people, or contains more than one "household", must be provided with adequate precautions, and means of escape, in case of fire. Any furniture, too, must comply with the latest fire safety standards; it is unwise, therefore, to furnish a property with older or second hand furniture.
Similar safety precautions apply to the installation, and operation, of any gas, or electrical, appliances in a property. As a private landlord, you must obtain, and display, an annual gas safety certificate in any property with a gas supply, for the information of your tenants. This certifies that the gas supply, and appliances, have been inspected by a CORGI registered engineer, and verified as safe.
The supply of electricity to a property, and any electrical appliances provided by a landlord, must obviously also be maintained in a safe condition. Unlike gas, a certificate of electrical safety is not a legal requirement; it is, nonetheless, an important, and wise, precaution.
If you would like one of Global Financial Limited's independent mortgage brokers to supply you with a no obligation quotation then simply fill in the form and a broker will phone you to discuss the finer points as you would not want to sign up to a mortgage that is not quite what you wanted.
|
