Five FAQs about landlords' rights
Can a landlord evict a tenant from their property?
The only legal way that a landlord can evict a tenant is if they have a court order to do so. To obtain a court order, the landlord must show that they have grounds to evict their tenant. The usual reason is the non-payment of rent. It is important to have a solicitor assist with any eviction notice to ensure it is carried out in full compliance with the Protection from Eviction Act 1977.
Is it possible for a landlord to end a tenancy early?
All tenancies should be governed by a tenancy agreement. This agreement will set out the terms under which the landlord could end the tenancy earlier than its normal review. Your property solicitor will explain that tenants with assured tenancies have rights their landlord must observe. To end the tenancy of an assured tenant under the Housing Act 1988, grounds must be shown. A solicitor can outline what these ‘grounds’ could be.
What is a break clause and how can a landlord use this to end a tenancy?
Most landlords will ensure that they have the option of ending a tenancy early. This is achieved by including in the tenancy agreement what is called a ‘break clause’. A solicitor should ensure that the break clause is properly written into the tenancy agreement. The break clause usually gives tenants two months to move out of the property.
Does a landlord have the right to withhold the tenant's deposit?
Since 2007, deposits should now be held by one of the Tenancy Deposit Schemes. This should ensure that a tenant gets their deposit back. However, a landlord could claim a percentage of the deposit if they can show that the tenant damaged the property in some way. If you are tying to claim any deposit for alleged damage, consult with a solicitor to ensure you make the correct application.
How can a solicitor help me set up my tenancy arrangements?
It is vital that landlords have their tenancy agreements written by a qualified property solicitor. As the agreement you have with your tenants will be a legally binding contract, it is important to ensure it fully complies with the law. And if you have issues with your tenants, a solicitor will be critical to help resolve the problems.
If you would like to obtain legal advice on landlords’ rights, Caven can put you in touch with a local property solicitor free of charge. So, if you have any questions or would like our help in finding local property solicitors please call us on 0808 129 5759 or complete the web-form above.
- Last Updated on 28/03/2012