Landlords

Draft tenancy agreements

A tenancy agreement sets out both a landlord and a tenant’s responsibilities and rights. A properly prepared tenancy agreement drafted by an experienced tenancy agreement solicitor reduces the risk of disputes later. 

• When drafting a tenancy agreement, we will discuss the following: 
• Reasonable restrictions. Would you like to prohibit your tenant from smoking, having pets, making alterations to the property, playing loud music, etc? 
• Rent and service charge details. What is your pricing structure? How frequently do you plan to adjust the rent? Are there any penalties for late payments? 
• Bills. Who will pay the bills and council tax? 
• Deposits. How much deposit will you request? If the annual rent is less than £50,000, you cannot ask the tenant to pay more than five weeks’ rent as a deposit. 
• Fixtures and fittings. Consider including an inventory of fixtures and fittings as part of a record of the property’s condition at the beginning of the tenancy. 
• Access. How often will you access the property? Generally, you must provide a tenant 24 hours’ notice before visiting. 

Under section 11 of the Landlord and Tenant Act 1985, you are responsible for ensuring that your property stays secure, well-maintained, and suitable for human occupancy. Your tenant is responsible for the daily maintenance of the property. The tenancy agreement will specify each party’s responsibilities in detail to reduce the chance of misunderstandings. 

Housing disrepair

Housing disrepair refers to a rental property requiring repairs to become suitable for tenants to inhabit. Legally you must ensure your property: 

• The structure is securely built 
•  No dampness or mould present 
•  Gutters are clean and clear 
•  Heating, water, electricity, and gas are safely and easily accessible  
• Sufficient toilets, basins, sinks, and sanitation facilities are available  
• No presence of insect infestations or vermin 

It is the tenant’s responsibility to notify you if there are any problems. By law, you must then act within a ‘reasonable’ period of time. Acting quickly is the best way to avoid a housing disrepair claim being brought against you by the tenant.

If a housing disrepair claim is being brought against you, contact our experienced landlord solicitors as soon as possible.

Deposit protection

By law, you must place your tenant’s deposit money in a government-backed tenancy deposit protection scheme (TDP) within 30 days of receiving it.

There are three schemes for you to choose from Mydeposits, Tenancy Deposit Scheme and Deposit Protect Service.

These schemes ensure tenants get their money back at the end of the tenancy, as long as they have not breached the terms of the tenancy. If you are in dispute with your tenant, the scheme will hold the deposit until the issue is settled.

Right to manage

Under the Commonhold and Leasehold Reform Act 2002, leasehold property owners can apply for the Right to Manage (RTM) a property. This means they can make themselves responsible for managing the service charge, looking after communal areas and the structure of the building, and more. 

Leaseholders qualify for RTM if the building is made up of flats. There are more eligibility criteria – your landlord solicitor can advise you of. As a landlord, you can accept an RTM claim or dispute it. You can only dispute the claim if you have strong legal grounds to do so. 

If you have received an RTM notice, it is essential to talk to a solicitor as soon as possible. You only have one month to produce a counter-notice to the claim. Otherwise, you are presumed to have accepted the leaseholders’ right to manage.

Davisons solicitors for landlords

At Davisons, our experienced solicitors support private landlords with a comprehensive service that covers every aspect of their business, from drafting tenancy agreements to expert legal advice about tenant evictions. You can trust us to make sure you meet all your legal obligations throughout the duration of the tenancy. At the same time, we will provide you with the high-quality advice you need to protect your investment both now and in the future.

Whether you are a new landlord or have a large property portfolio, we are here for you.