Landlord and Tenant Act 1987

Product Information

The tenant cannot be required to leave before any fixed period of the tenancy has come to end, unless there is a break clause in the tenancy agreement or you have grounds for eviction under section 8 of the Housing Act 1988. See the ‘Gaining possession from a tenant’ section below. If your tenant wants to leave The building will be excluded from the RFR if more than 50% (excluding the common areas) is not in residential use, say offices or shops. The measurement excludes any common parts of the residential building, such as staircases, landings etc. The Act refers to parts of the premises occupied or intended to be occupied for non-residential purposes. A building could be excluded if it contained empty spaces which made up more than half the building which the landlord intended to use for non-residential purposes, such as storage. The landlord the right follows a landlord’s decision to sell and the tenants can only react to the landlord’s offer. He can withdraw the offer at any time before the contract is binding.

We recommend you clear the property of any sentimental possessions, have the property cleaned to a professional standard and prepare a detailed inventory recording the contents and condition of each room in the property. Consider including photos (time and date stamped). If you have joined a landlord accreditation scheme, they may have a form of inventory that you can use.disposal to a receiver or trustee in bankruptcy: the transfer of the estate to the receiver, liquidator or trustee in the first instance is an exempt disposal. However, any subsequent disposal by the receiver, liquidator or trustee will not be exempt and the tenants will need to receive notice of their rights. You must ensure there is at least one smoke alarm on each floor of a rented home where there is a room used as living accommodation. Pay any other bills that they are responsible for on time, such as council tax, gas, electricity and water bills – if a tenant pays the gas or electricity bills, they can choose their own energy supplier

If they are still within the fixed term or the tenant wants to leave sooner than the notice period allows, the tenancy agreement can be ended if both parties agree. Unless or until a suitable replacement tenant is found, the tenant will remain liable for rent until the fixed-term agreement has ended or, in the case of a rolling periodic tenancy, until the required notice period has expired. Schedule 4 of the Housing Act 2004 sets out the mandatory conditions for property licences, including that the licence holder must supply a written statement of terms to the occupant of the house. They must also get references from people who want to occupy the house. Prepare and agree an inventory There must be at least two flats in the building, so the right does not apply to houses occupied as one unit – but will, of course, apply to a house which has been converted into flats. There are three requirements for the premises to be subject to the RFR: The procedure to be taken for acquiring the interest will depend on the disposal that has taken place; the rights are:Harassment can be anything a landlord does, or fails to do, that makes a tenant feel unsafe in the property or forces them to leave.

ensuring the property is fit for human habitation and free from hazards at the beginning of the tenancy and throughout if the qualifying tenants do not accept the offer made by the landlord or notify him of the nominated person, or if the nominated person withdraws from the acquisition or is deemed to have withdrawn because of a failure to adhere to the time limits, then the landlord is free to sell at auction within the next 12 months, with no further reference to the tenants, but subject to conditions. However, he may not sell privately (other than a sale at a public auction) without a new notice under S5A, or he commits a criminal offence. Be considerate to the neighbours – a tenant could be evicted for anti-social behaviour if they aren’t considerate The interest is offered at the auction. The tenants are free to attend or not – they are not required to. Similarly, they are not required to make a bid and would be unwise to do so as this will have the effect of driving up the price. If a successful bid is accepted at the auction the landlord must send a copy of the contract to the nominated person within seven days of the auction.Prospective tenants should be given every opportunity to read and understand the terms of the tenancy before agreeing to sign the tenancy agreement. Things to consider before making the agreement How long is the tenancy initially for? A house in multiple occupation is a property let out by at least 3 people who are not from the same ‘household’ (for example, a family) but share facilities like the bathroom and kitchen. If all of the following criteria apply, your property is defined as a large house in multiple occupation and you must have a licence to rent it: you will be prohibited from using a section 21 notice if you charge fees that are not permitted under the Tenant Fees Act 2019 A tenancy can be periodic (for example, month to month) or for a fixed term. There is no maximum fixed term for a tenancy, although one granted for longer than 3 years must be executed as a deed. If the tenancy is going to be for 7 years or longer, special rules apply and you will normally need to use a solicitor to draft a lease. Who is responsible for bills such as electricity, gas, water and council tax?

a statement that the notice constitutes an offer by the landlord to enter into a contract on the terms set out in the notice;

Changes over time for: Section 1

where no S11A notice was served, the date on which the tenants became aware of the transfer (for example, through a S3A notice). The most common uses of the procedures arise from sales by contract or auction and the details for the S5A and S5B notices are given below. The tenancy agreement should set out the amount of notice your tenant will need to provide if they want to end the tenancy.