Whether you’re a landlord already or are wondering whether you should become one, it’s important to know your legal rights. It’s fair to say that landlords must adhere to a range of requirements and regulations, but that doesn’t mean that they have no rights under the law. In this article, we’ll take a closer look at the various laws that have been put in place to protect you as a landlord in the UK.
Eviction Rights For Landlords
Landlords have two options when it comes to evicting tenants. Section 21 allows a landlord to take possession back of their property once a fixed-term tenancy has come to an end or when a break clause has become due. Section 21 evictions are typically known as “no fault” evictions.
Section 8 evictions are used if the tenant has breached their contract, either by not paying rent, damaging the property, or causing a problem.
To get an order for eviction, landlords have to prove their legal ground in court. Some common reasons include rent arrears, antisocial behaviour, and nuisance. There are some grounds that are deemed to be mandatory, in which case the court has to order the tenant to leave the property once the ground is proven. Others are discretionary. In these cases, a court can decide whether or not to permit the tenants to remain in the property.
Giving notice to tenants has to be done in a specific way. The notice and information you give depend on what kind of tenancy agreement you have with your tenants. Landlords can take possession of their property if a fixed-term or periodic tenant has ended. In such cases, tenants must be given written notice at least two months before the final departure date.
Rights Of Access For Landlords
Sometimes, landlords have to be able to access the rental property while tenants are residing there. While landlords own the rental property, they must still obtain consent from the tenant before they visit. If the landlord of their agent enters the rental property without obtaining consent in advance from the tenant who is trespassing, It is deemed to be a breach of a tenancy agreement.
Landlords are required to give a minimum of 24 hours notice in writing before they visit the property, although emails or text messages are appropriate notice too, as long as the date and time of the intended visit are included along with details of who will arrive at the property and the reason for the visit.
Landlords have certain rights to gain access to their property under certain circumstances. For example, they are entitled to enter the property to repair or maintain it. Landlords or their agents must access the property in order to carry out repairs to installations like electricity, gas, sanitation, and water.
As long as at least 24 hours of written notice are given, landlords or agents can access the property to carry out inspections at any reasonable hour.
In a few instances, landlords can access the rental property without giving any prior notice, such as if there’s a fire inside the property, water is flowing out of the building, gas can be smelled, or there is urgent structural damage to repair. Landlords can also enter the property without notice if a criminal or violent incident is suspected or if the tenant’s welfare is in doubt. Landlords must, in all of these cases, behave in a reasonable manner and take photos of any evidence issues, getting inspections signed by contractors to prove the situation has been remedied.
Increasing The Rent
Sometimes, landlords may want or need to increase the amount of rent they charge their tenants. Tenancy agreements should always outline when and how rental amounts are reviewed. In cases of periodic tenancies, landlords can’t increase the tenant’s rent more than once each year. In the case of fixed term tenancies, the rent can only be increased when the tenant agrees. If they do not, landlords can only increase the rent once the term has ended.
All rent increases have to be realistic, fair, and in line with the typical local rent for that property type. At least a month’s notice must be given for monthly or weekly rents, and six months’ notice is required for yearly tenancies.
Selling A Tenanted Property
Sometimes, landlords are keen to sell their rental property, but they worry that they cannot do so if it has tenants residing in it. Landlords are entitled by law to sell their property even if it is tenanted. There are two different options available. The first is to sell the rental property to the tenants in situ. Alternatively, they could terminate the tenant’s tenancy and then sell the property once it has been vacated.
If a landlord decides to sell the property with the tenant in situ, the tenants will simply remain residents in the house or flat, according to their existing tenancy agreement. They will stay there after the completion of the sale and then begin paying their rent to the property’s new owner.
If the landlord decides to only sell the property once they have regained possession of it, they must end the tenant’s tenancy before completing the sale, ensuring the property has been vacated before the sale finalises. That is often a more complex option since landlords can lose out on income while waiting for the tenant to vacate the property. It’s also harder to arrange viewings of the property since you have to give the tenant notice of your intention to show prospective buyers around. In some cases, if you’re selling the property while the tenants are still residing there, there may be problems with the property’s condition.
As a landlord, you have many responsibilities and you’ll need to adhere to many regulations and rules. Fortunately, landlords have their own rights too, and we’ve outlined some of those here so that you know what you can expect when you start renting out your property to a tenant.