Introduction to law for landlords

16

Transcript of Introduction to law for landlords

Page 1: Introduction to law for landlords
Page 2: Introduction to law for landlords

Introduction to Law for LandlordsBonita Walters

Partner

Page 3: Introduction to law for landlords

What we do

Services for Businesses: Business & FinanceBusiness PropertyBusiness Start-ups Charity LawDebt Recovery LitigationEmployment & DiscriminationHealth & Social Care LawLegal CostsPharmacy Law

Services for Individuals: Conveyancing Employment & Discrimination Family & RelationshipsLasting Powers of AttorneyLitigation Medical Negligence Mental Capacity Personal Injury ProbateWills and Tax Planning

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Contents

• Tenancy basics and your legal obligations

• Risk control

• Tenancy termination

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Pre-tenancy

• Getting consent

• Landlord Licence

• Insurance

• Energy Performance Certificate

• Gas Safety Certificate

• “How to rent” prescribed information

• Smoke alarms & carbon

monoxide alarms

• Fire safety

• Electrical safety

• Immigration check

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Commencement of tenancy

• Know your tenant

• Check out guarantors

• Tenancy Agreement

• Tenant’s belongings

• Break clause

• Protect deposit & serve Prescribed Information

• Take inventory

• Take meter readings, Council tax, Manuals

• Managing Agents contract

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During the tenancy

• Keep records of all rent received

• Keep records of all correspondence

• Periodic inspection, maintenance and repair

• Annual gas safety checks

• Renewals and extensions

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Ending a tenancy

• Section 21 Notice

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Deregulation Act 2015

• Time Restrictions

• Validity – 6 months

• S21(4) Notice – termination date calculation

• Rent refund

• Breach of landlord’s obligation

• Complaints about condition

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Ending a tenancy

• Section 8 Notice

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Section 21 or Section 8?

Section 21 Section 8

Can only be used to terminate

tenancy on or after expiry of fixed

term

Can be used at any time

No need to give reason for ending

the tenancy

There must be at least 2 months

rents arrears of other breach of

tenancy terms

2 months minimum notice 14 days

Accelerated procedure Court hearing

Cannot make money claim if use

accelerated procedure

Money judgement (though likely

academic)

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Court process

• Court Fee

• Timescale

• Bailiffs

• Tenant’s appeals and applications

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Thank you for listening!

For free first advice please contact:The Landlord Services Team

0117 929 [email protected]

@QS_BurroughsDay

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What we do

Services for Businesses: Business & FinanceBusiness PropertyBusiness Start-ups Charity LawDebt Recovery LitigationEmployment & DiscriminationHealth & Social Care LawLegal CostsPharmacy Law

Services for Individuals: Conveyancing Employment & Discrimination Family & RelationshipsLasting Powers of AttorneyLitigation Medical Negligence Mental Capacity Personal Injury ProbateWills and Tax Planning

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