Landlord and Tenant Act 1987

Product Information

Make sure you have a written agreement with the agent that sets out exactly what they will do on your behalf. If this is not clear, it might cause problems for you and your tenants. the terms on which the disposal was made, the price, any deposit paid, and the date it took place; and If you want your tenant to leave your property, you must follow the correct procedures. If you don’t, you may be guilty of illegally evicting or harassing your tenant.

You must ensure smoke alarms and carbon monoxide alarms are repaired or replaced if you are informed that they are faulty. Fit smoke alarms on every floor and carbon monoxide alarms in rooms with combustion appliances (such as boilers and wood- burners), and make sure they are working at the start of a tenancy Finally on price, the RFR carries certainty. The offer price is the certain price that will be payable (unless the landlord withdraws the offer). Under a 1993 Act claim, the price is not known for certain until the end of the negotiation, determination and appeal process, which can sometimes prove lengthy if it is a complex case.Someone who is a tenant of three or more flats in the building (as leaseholder or tenant) will not be a qualifying tenant of any of the flats and will not be entitled to the Right of First Refusal. Disposals

the principal terms of the proposed disposal, the property and the interest. However, there will be no price or deposit mentioned (nor is the landlord required to divulge the reserve price); You must provide the record to current tenants within 28 days or new tenants at the start of their tenancy. Failure to do so may mean you are not able to use section 21 of the Housing Act 1988 to take possession of your property if needed. 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. getting an energy performance certificate if required, and giving a copy to the tenant at the earliest opportunity (rented homes must meet the rating E or above)

Changes over time for: Section 8A

The nominated person must send a notice to the landlord at least 28 days before the date of the auction, electing that the remaining stages of the procedure should apply. the price is set by the auction and cannot be challenged unless the landlord is prepared to negotiate. Again it is a ‘take it or leave it’ offer but this time at a figure achieved in an open sale. you will be prohibited from using a section 21 notice to gain possession from the tenant if you fail to provide the tenant with copies of the energy performance certificate, gas safety certificate and the ‘How to rent’ guide

where the disposal is subject to a contract, then the disposal occurs when contracts are exchanged, not the later date of completion. In most cases, you must provide potential tenants with an energy performance certificate at the earliest opportunity. You will not be able to gain possession of your property using a section 21 notice unless you provide this. 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. You can increase the rent by agreement or as set out in your tenancy agreement, or by following a procedure set out in law. If you or the tenant want the tenancy to end Give noticeAsk your tenant if they have paid the bills they are due to pay. Ensure that any possessions are cleared from the property The RFR only applies when the immediate landlord of the tenants decides to sell. The immediate landlord is the one to whom the rent or ground rent is paid and who will be entitled to vacant possession of the flat when the lease expires. Where a landlord has a lease for less than seven years (or longer, but which is terminable within the first seven years) his landlord is also subject to the RFR in relation to those premises. The most common format is a company wholly owned by the tenants and, if this is the vehicle chosen by the participating tenants, the company will need to be in place prior to the landlord being informed. A solicitor, managing agent, accountant or company agent will be able to advise how to establish a company and can produce the Memorandum & Articles of Association necessary to reflect the purpose of the company and to govern voting rights and control of shares.

The other procedures are relatively uncommon and those for the Sections 5C, 5D and 5E are set out in Appendix 2. Service of the noticeThe nominated person then has a period of 28 days in which to accept the contract and pay any deposit required. This has the effect of the nominated person and not the successful bidder entering into the contract. The tenancy agreement should set out the amount of notice your tenant will need to provide if they want to end the tenancy. The landlord (or agent if they are acting on the landlord’s behalf) must protect the deposit in one of the schemes within 30 calendar days from the day the deposit is received and must provide the tenant with details (‘prescribed information’) of how their deposit has been protected within the same 30-day period. The tenant should remove all possessions (including any furniture) belonging to them or any member of the tenant’s household or visitors, and all rubbish from the property at the end of the tenancy. If any possessions are left at the property after the tenancy has ended, the tenant will be responsible for meeting all reasonable removal and storage charges. If you want to sell or dispose of the tenant’s possessions, you must give reasonable written notice of your intentions. The costs of removal, storage and disposal may be deducted from any sale proceeds. However, you should preserve the proceeds of sale for a reasonable period. 7. If things go wrong This could be where the landlord’s disposal is by way of a gift, or perhaps part of a deal with another landlord including its exchange for other land or rights.