|
|
|
|
|
by fdgdasfadsf
3501 days ago
|
|
In the UK the key is to make sure that the tenant is Assured Shorthold rather than Assured. Assured tenants can't be evicted (unless they don't pay rent or other similar reasons) and their rent can't be put up unless they agree to the increase. Assured shorthold puts the balance of power in favour of the landlord+. The default (since the late 1990's) is Assured Shorthold tenancy - but if someone tried to play silly legal games as joked about by the GP their tenant might accidentally become Assured. I am not a solicitor. I am not your solicitor. If you need legal advice on any of these issues stop reading and find a solicitor. + (not as much as most people assume because most tenants don't know or enforce their rights - wrongly thinking that it would be difficult when in reality the landlord will usually fold after a couple of letters long before things go to court.) |
|
Scotland and England have differing private landlord tenancy laws so it's worthwhile checking the fine details in this respect. Scotland has a similar agreement to the Assured Shorthold and Assured tenancy:
1. Short Assured Tenancy where [0]:
a) the tenant is entitled to remain in the property for at least six months provided they abide by the conditions of their lease. A landlord can only evict if there are reasonable grounds [1]
b) after the six months is up the landlord can then give notice to quit and the tenant has to leave [2]
In both cases these provide reasonable and fair conditions for both landlord and tenant.
[0]: http://scotland.shelter.org.uk/get_advice/advice_topics/rent...
[1]: http://scotland.shelter.org.uk/get_advice/advice_topics/evic...
[2]: http://scotland.shelter.org.uk/get_advice/advice_topics/evic...
2. Assured tenancies [3]
a) a tenant can more or less remain in the property for an unlimited period of time provided they aren't in breach of their tenancy agreement
b) the landlord has a much harder time evicting tenants unless there are "grounds" for eviction [4]
In this case the tenancy is skewed to be more favourable to the tenant and the landlord has to do a lot more work to secure an eviction [5[
[3]: http://scotland.shelter.org.uk/get_advice/advice_topics/rent...
[4]: http://scotland.shelter.org.uk/get_advice/advice_topics/evic...
[5]: http://scotland.shelter.org.uk/get_advice/advice_topics/evic...
In many cases now, most properties are let as Short Assured Tenancies. Anecdotally, my past three tenancy agreements have been Short Assured Tenancy agreements.
In Scotland:
Tenant deposits are no longer permitted to be held by landlords or agencies and should be deposited into one of three tenancy deposit schemes within 30 days of the beginning of the tenancy [6].
Landlords and agencies are no longer permitted to charge for additional "costs" such as credit checks and "administration fees" on top of a tenants deposit and first month's rent. In England this obnoxious behaviour is still a plague on tenants seeking to rent [7].
Most landlords are now required to register with the Landlord registration scheme run by the Scottish government [8]
[6]: http://scotland.shelter.org.uk/get_advice/advice_topics/payi... deposits schemes
[7]: http://scotland.shelter.org.uk/get_advice/advice_topics/find...
[8]: http://scotland.shelter.org.uk/get_advice/advice_topics/rent...