Whether you are a landlord or tenant, it is vital that you are aware of your legal rights and obligations. The law protects both parties and does not permit you to “take the law into your own hands”, irrespective of circumstances.

It is important that landlords fully understand their obligations. Please visit the information in the links at the end of the article and if you are in doubt about anything seek legal advice.

The Disability Discrimination Act, Sex Discrimination Act and Race Relations Act also apply to anyone letting, selling or managing premises.

What is the landlord responsible for?

• repairs to the structure and exterior of the property, heating and hot water I installations, basins, sinks, baths and other sanitary installations
• the safety of gas and electrical appliances
• the fire safety of furniture and furnishings provided under the tenancy
• ensuring that the property is fit for habitation
• repairing and keeping in working order the room and water heating equipment
• the common areas in multi-occupancy dwellings

What is the tenant responsible for?

• paying the rent as agreed and taking proper care of the property
• bills for gas electricity, telephone, etc if this was agreed with your landlord
• in most cases, paying the council tax, water and sewerage charges

Letting your home

If you rent or are thinking of renting out your home, it is vital that you are aware of your legal rights and obligations. When you let your property to a tenant, the tenancy is automatically an assured shorthold tenancy unless you agree otherwise in writing.

Shorthold tenancy

A shorthold tenancy means that:

• you have a guaranteed right to get your home back after six months if you need to
• you can charge a ‘market rate’ for rent, that is, the going rate for similar property in the area
• you can get your home back if your tenant owes you at least two months or eight weeks rent
• you can evict tenants who are causing a nuisance to local people

How long does an assured shorthold tenancy have to last?

That is for you to agree with your tenant. You can agree that it should last for a set period (known as a ‘fixed term’) or you can leave it open-ended.

How would I get my property back?

You can end the tenancy without giving a reason at any time after six months, provided any fixed term you agreed to has ended. You need to give your tenant at least two months written notice that you want your property back.

You can end the tenancy at any time on certain grounds (reasons) for possession set out in legislation. These include rent arrears, anti-social behaviour, and damage by the tenant. The length of the written notice you must give will depend on which ground you are using.

What if the tenant won’t leave?

Most tenants do. You cannot evict a tenant yourself, but you can apply to the county court to get your property back. Where the fixed term has ended you can use an accelerated possession procedure which can avoid the need for a court hearing.