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We believe that it is important for both landlord and tenant to have a clear
understanding of their rights according to current legislation.
Since 15th January 1989 a landlord may let a residential property on an assured tenancy
or an assured shorthold tenancy, both governed by the Housing Act 1988. The law does
not differ whether a property is let furnished or unfurnished. The landlord can end both
types of tenancy on certain grounds set out by the Housing Acts. These grounds cover
rent arrears, damage by the tenant, breach of contract etc. An assured tenancy, designed
to give the tenant long term security, is unsuitable for many private landlords.
Changes introduced by the Housing Act 1996 have made letting your property easier and
safer. The more significant changes are that the landlord is not required to serve
a prescribed notice to create a shorthold tenancy (the agreement may be even verbal)
and the term of the tenancy is no longer required to be a minimum of 6 months.
The standard agreement used for the majority of our properties is currently an assured
shorthold tenancy for an initial period of three months. Longer fixed term contracts
can be prepared if requested. At the end of the initial fixed term the tenancy will
continue indefinately until either party serves notice.
Under the terms of the agreement the tenant must give 1 month's notice to leave, during
which time we will advertise the property for reletting.
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The landlord has a right to possession of the property either at the end of the fixed
term or during the periodic tenancy provided the tenant is given 2 months' notice in
writing. If the tenant does not leave, a court order must be obtained.
An accelerated possession procedure has been introduced to allow the application for
possession to be dealt with informally.
This procedure usually takes 6 to 8 weeks. The landlord cannot, however, ask the court
to grant possession of the property within the first 6 months.
Court proceedings are only necessary in a small minority of cases. Tenants tend to
vacate within the notice period to avoid court proceedings and costs. As a landlord
you should, however, be aware of the possibility of a delay.
The rent may be increased after the initial fixed term (or during the periodic tenancy)
by serving 1 month's notice. Once increased, the rent is then fixed for a further 12
months.
Under FULL MANAGEMENT we will serve Notice Requiring Possession or Notice Proposing a
New Rent on your behalf at no extra charge.
Exceptions to the shorthold tenancies are company lets, which can be for a fixed term
or an indefinate period. The length of notice from each party is to be agreed at the
commencement of tenancy
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