Landlords
There are two types of tenancy - assured and assured shorthold. If you let on a shorthold tenancy, you can regain possession of your property six months after the beginning of the tenancy, provided that you give two months notice that you require possession.
If you let on an assured tenancy, your tenant has the right to remain in the property unless you can prove to the court that you have grounds for possession. You do not have an automatic right to repossess the property when the tenancy comes to an end.
If you think you may need to regain possession of your property at some time, you should consider offering a shorthold tenancy. If you have a mortgage, your lender may require the tenancy to be a shorthold tenancy. If you are sure that you want to let the property indefinitely, you should consider an assured tenancy. If you are unsure which type of tenancy to offer, you should seek legal advice.
If you already have an existing assured tenant, you cannot replace his or her tenancy with a shorthold tenancy.
As a landlord, you are responsible for:
If you let on an assured tenancy, your tenant has the right to remain in the property unless you can prove to the court that you have grounds for possession. You do not have an automatic right to repossess the property when the tenancy comes to an end.
If you think you may need to regain possession of your property at some time, you should consider offering a shorthold tenancy. If you have a mortgage, your lender may require the tenancy to be a shorthold tenancy. If you are sure that you want to let the property indefinitely, you should consider an assured tenancy. If you are unsure which type of tenancy to offer, you should seek legal advice.
If you already have an existing assured tenant, you cannot replace his or her tenancy with a shorthold tenancy.
As a landlord, you are responsible for:
- Repairs
Unless the tenancy has a fixed term of more than seven years, you are responsible under the Landlord and Tenant Act 1985 for repairs to:
- The structure and exterior of the property
- Baths, sinks, basins and other sanitary installations
- Heating and hot water installations
- If you are renting out a flat or maisonette, other parts of the building or installations in it which you own or control and whose disrepair would affect your tenant.
Responsibility for other repairs depends on what you agree with the tenant. You are not responsible for repairing damage caused by him or her. The rent you can charge can include a sum to cover the cost of repairs but you cannot pass the costs on to the tenant in the form of a separate service charge.
- Safety of gas and electrical appliances
You are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a tradesman who is registered with CORGI (Council for Registered Gas Installers).
You must keep a record of the safety checks and issue it to the tenant within 28 days of each annual check. You are not responsible for maintaining any gas appliances the tenant is entitled to take with him or her at the end of the letting.
You should ensure that the electrical system and any electrical appliances that you supply such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use.
- Fire safety of furniture and furnishings
You must ensure that any furniture and furnishings you supply meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988, unless you are letting on a temporary basis whilst, for example, working away from home.
The Regulations apply if the let is for a longer period or for a series of lets, where the property is regarded primarily as a source of income rather than your home. If you are not sure whether the regulations apply to you, seek advice from the Trading Standards Department of your local authority.
The regulations set levels of fire resistance for domestic upholstered furniture. All new and second hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950.
Most furniture will have a manufacturer's label on it saying if it meets the requirements.
- Other
A tenancy is a contractual agreement, even if there is no written agreement, so you must deliver whatever services or commitments you have agreed with your tenant(s).
- Access
You, or your agent, have the legal right to enter the property at reasonable times of the day to carry out the repairs for which you are responsible and to inspect the condition and state of repair of the property.
You must give the tenant 24 hours' notice in writing of an inspection. It is also helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement.
For further information on your responsibilities as a landlord, visit: www.communities.gov.uk.
LeicesterLet Home Finder scheme
The LeicesterLet home finder scheme provides people on a low income with the opportunity to move into a home of their choice and to avoid homelessness AND a stay in temporary accommodation.
By providing the advice, support and financial help required, the Council has increased the housing options available to people who are homeless or threatened with homelessness.
Managed by the Council’s Housing Options Prevention Team, the home finder scheme is very flexible. It can be used, for example, to prevent private tenants from becoming homeless by helping them to find alternative accommodation when their existing tenancy is coming to an end.
The scheme also offers great benefits to landlords or letting agents. Leicester City Council will provide the deposit and rent in advance to a landlord or letting agent in order to obtain accommodation for a client in the private rented sector.
Before a property can be let under the home finder scheme, the Council will carry out a series of checks to ensure that it is affordable, safe and fit for habitation.
An officer from the Housing Options Prevention Team will inspect the property to check that is in a reasonable condition. If there is a gas supply, they will request a valid gas safety certificate.
Under the LeicesterLet home finder scheme, letting agreements will normally be assured shorthold tenancies of at least 12 months.
Although not everyone helped under the home finder scheme is living on a low income, applicants will only be considered for the scheme if the Housing Options Prevention Team is satisfied that they are capable of paying their rent regularly and in full.
If the tenant is entitled to housing benefit, all of the housing benefit they receive will be paid directly to the landlord unless the landlord says that they are unwilling to accept direct payments.
For more information on the scheme, contact:
| Name: | The Housing Options Team |
| Address: | Housing Options Service, Phoenix House, 1 King Street, Leicester LE1 6RN |
| Telephone: | 0116 252 8707 |
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