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Renting

The Landlord & Tenant Act 1985 and Housing Act 1988 govern the renting or letting of property.


Landlords

Landlords must:

  • Your tenants should be able to live without being harassed, or inconvenienced by the landlord.
  • Provide property that is fit for human habitation. If a property is in an unhealthy state it is illegal under the Landlord & Tenant Act 1985.
  • Maintain building structures and the outside of the property.
  • Ensure that repairs are carried out properly.
  • Design and build property to certain standards. If they don't, they can be prosecuted under the Defective Premises Act 1972.

Tenants

Tenants must:

  • Pay rent
  •  Pay Council Tax, Water Rates and any other bills connected with the property unless other arrangements have been agreed with the Landlord.
  • Take care of the property
  • Allow the landlord to enter and view the property, providing you've been given at least 24 hours notice.
  • Leases and renting
  •  Both landlords and tenants have legal obligations that depend on the type of lease.
  • There are three types of lease for private tenancies:
  • Assured Shorthold Tenancy - tenancies started after 28th February 1997 unless the landlord has stated otherwise. Landlords are certain of retaining possession of the property at the end of the lease.
  • Assured Tenancy - tenancy is assured for a fixed period and can only be terminated by court order or surrender by the tenant.
  • Regulated (or 'protected') Tenancy - tenancies started before 15th January 1989. These offer the most protection against rent increases or eviction.
  • Under the Housing Act 1985, council or housing association tenants benefit from 'Secure Tenancy'. They have greater protection from rent increases or eviction than private tenants and can transfer the tenancy to a spouse or dependants should they die.