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Being a residential landlord comes with a set of responsibilities, but it also grants you specific rights. Understanding these rights is crucial for maintaining a balanced relationship with your tenants and ensuring the smooth operation of your property.
Right to rent
As a landlord, you have the right to rent out your property to earn income. However, you must ensure that your tenants have the legal right to live in the UK by conducting “right to rent” checks before signing any tenancy agreement.
Right to a fair rent
You have the right to charge a fair market rent for your property. While there are no rent controls for private residential properties in most of the UK, some rules apply in Scotland and Northern Ireland. Ensure to research local rental rates to determine a fair price.
Right to access the property
You have the right to enter the property for specific reasons, such as carrying out repairs or conducting inspections. However, you must provide your tenants with at least 24 hours’ notice and obtain their consent, except in emergency situations.
Right to evict tenants
If your tenants breach the terms of the tenancy agreement, you have the right to evict them. However, you must follow the legal eviction process, which varies depending on the type of tenancy agreement. Failure to follow the legal requirements could result in penalties.
The most common reason for eviction is due to non-payment of rent. If your tenant persistently pays rent late or is at least 2 months in arrears you can start the eviction process. It is important to note that you cannot evict without a Court Order. The earlier you instruct us to start the process the quicker you will regain control of your property.
Right to receive rent on time
You have the right to receive rent payments as stipulated in the tenancy agreement. If a tenant fails to pay rent on time, you can charge a late fee, provided this is outlined in the agreement. As set out above, you also have the option to start eviction proceedings for consistent non-payment.
Right to a deposit
You are entitled to ask for a security deposit from your tenants to cover potential damages or unpaid rent. However, you must place the deposit in a Government-approved tenancy deposit scheme and provide the tenant with the prescribed information about the scheme within 30 days.
Right to repair and maintenance
While it’s your responsibility to maintain the property, you have the right to access it for repairs. You also have the right to be reimbursed for any damages caused by the tenant, which can be deducted from their security deposit.
Right to sell the property
You have the right to sell the property, even if it is occupied by tenants. However, you must honour the existing tenancy agreement until it expires or negotiate with the tenants to end it early.
Right to dispute resolution
If disagreements arise between you and your tenants, you have the right to seek resolution through various means, including mediation or legal action.
As a residential landlord, you have a responsibility to your tenants, but UK laws stipulate that you have specific rights that help you manage your property effectively.
Understanding both is crucial for maintaining a good relationship with your tenant while continuing to operate a successful business as a landlord.
Don’t let rent arrears or tenant disputes spiral out of control. Click here for more information about how we can help you.