What You Need to Know

Making the decision to let your vacant property is wise, considering the annual cost of maintenance which would include council tax, insurance and security considerations. But, before committing to letting your property, be sure to know your rights and responsibilities, since mistakes in letting can also be costly.

Shorthold Tenancy

The shorthold tenancy simple means that you, as the landlord and property owner, retain the right to take your property back after 6 months of letting. Other situations allow you to take back your property before the 6 month term, including lack of rent payment for 8 weeks, or incidents where the tenant is causing disturbance to neighboring property owners.

Assured Shorthold Tenancy

In this situation, the letting contract is drawn up including a specific time period that the tenant is allowed to remain in the property. This term can be for any time period that you and your tenant agree to, but you are bound to this time period and cannot retake your property until it expires, unless your tenant is failing to pay rent or being a nuisance to neighbors.

Taking Your Property Back

When the fixed term of a tenancy has expired, or 6 months has elapsed in the case of a standard shorthold tenancy, you have the legal right to retake possession of your property without providing any reason to the tenant. Be sure to provide 60 days written notice to your tenant of your intention to take back your property at the end of the tenancy. While most tenants will leave at the end of the agreed tenancy period, if you find yourself with a tenant who refuses to evict, you have the ability to apply to the local county court to retrieve your property.

If your tenant is up to date on rent payments, you may consider applying for what is called an Accelerated Possession Procedure. This can assist you in retaking your property without waiting for a court hearing. In this case, the court will only award you possession of your property and reimbursement of application costs, and will do so by reviewing the written evidence of your claim as presented by you and your tenant. If considering applying for accelerated possession, complete the Form N5B, and submit to your county court in addition to a copy of your lease and copies of any letters or other supporting documents of your claim.

In addition to your rights as a landlord, be sure to understand the rights of your tenants to have their deposit protected by a tenancy deposit protection scheme. If you, as the landlord, fail to comply with this legislation, the tenant may apply to the same county court to have you reimburse his deposit.