What Are a Landlord’s Rights?
The internet is filled with advice for tenants about their rights, but what rights does a landlord have? As the owner of the property, the landlord has certain privileges that are enshrined in law and which are important for the smooth running of a tenancy. So what are a landlord’s rights? Read on to find out more.
Landlord’s Rights on Payment
At the very basic level, a landlord has a right to receive the rent due from their tenants on time. The due date should be outlined clearly in the tenancy agreement, which means every party knows exactly the amount that should be paid and when.
Should the rent be more than 14 days late, the property owner can begin the process of trying to reclaim the cash. Landlords are advised to begin by talking to the tenants and trying to work out a plan for repayment of the debt. The next step from there might be to appoint a mediator before, as a last resort, beginning legal action.
The Right to Know Who Lives in the Property
As the owner of a rental property, it is correct that the landlord knows who will be living there on a regular basis. The names of all the people who ordinarily reside at that address should be detailed in the tenancy agreement. This doesn’t prevent the tenant from having guests, but if someone is moving in on a permanent basis it needs to be made official through the proper channels.
This allows the landlord to check their references and ensure they are a suitable tenant. It also helps the landlord ensure there are no people in their property who shouldn’t be there, such as undocumented illegal immigrants.
The Right to Complain About a Letting Agent
As you would expect, the rules dictating how lettings agents should act are necessarily robust. If a landlord feels their agent has let them down, offered poor service or added in hidden fees, the landlord has a right to complain.
Each letting agent must by law belong to one of three industry bodies that deal with complaints like these. They are the Property Ombudsman, Ombudsman Services: Property or the Property Redress Scheme. All three of these bodies receive and independently investigate complaints by landlords against lettings agents.
A Landlord’s Right to Enter the Property
A landlord has the right to enter their property, but they must respect the tenant’s “quiet enjoyment’ of the house. Under the Housing Act 1988, landlords need to give at least 24 hours’ notice before attempting to gain access, unless it is an emergency.
This is so a property owner can inspect and repair the building, but without the tenants constantly worrying about a surprise visit.
The Right to End the Tenancy Without Giving a Reason
At the end of a fixed tenancy, the landlord can give a tenant two months’ notice to vacate the property without giving any reason. This can happen earlier if there is a break clause in the rental agreement. If there is a periodic tenancy, one without a fixed end date, then the owner can serve their two-month notice at any time following the first six months of the rental.
Tenancy Agreements
To avoid all doubt about tenant and landlord’s rights in a tenancy, you should make sure that the tenancy agreement is watertight.
Allen Residential have a team of experts who can look after this side of the business on your behalf. Contact us today to find out more. Phone 01761 412300 now, or email james@allen-residential.co.uk for more information.
