Landlord and Tenant FAQ
Do I need my mortgage lender's approval to let out my property?
It depends on the terms of your mortgage although most lenders require you to advise them that this is your intention. Contact your mortgage provider for further clarification on this.
The flat I am intending to let out is a leasehold property. Should I seek my freeholder's approval?
It depends on the terms of your Lease. Usually there is a clause requiring you to seek your freehold owner's approval in writing "consent not to be unreasonably withheld". Many freeholders request a fee for their approval. Pro-Leagle can advise on this, if required.
Can I rely on a Tenancy Agreement I downloaded for free on the internet?
There are many ways in which your personal circumstances or a landlord/tenant relationship can change. It is sensible to protect yourself against any difficult circumstances by reinforcing full rights in your Tenancy Agreement. Pro-Leagle offer both a customised Tenancy Agreement service and a law firm accredited eTenancy Agreement with step to step online guidance and downloadable supporting documentation. This product costs £19.99 and is available on the Pro-Leagle website.
Does it matter that I have not registered my tenant's deposit with an approved deposit scheme?
It is very important to register the deposit with one of the three approved schemes and provide written confirmation of this to your tenant. Failure to do so will result in a Section 21 Notice Seeking Possession being deemed invalid. This will have obvious costs and time consequences.
What are names of the three Tenant's Approved Deposit Protection Schemes?
- Tenancy Deposit Solutions Limited: www.mydeposits.co.uk
- Tenancy Deposit Scheme: www.tds.gb.com
- Deposit Protection Service: www.depositprotection.com
Do I have any legal responsibilities for maintenance and repair of my property once I have let it out?
Yes you do unless your tenant has failed to use the property in a "tenant-like manner". Under the Landlord and Tenant Act 1985, you are required to repair the structure and exterior of the property, including drains, gutters and pipes. You are also required to maintain the water supply, gas and electricity installations including basins, sinks, baths and toilets and boilers.As a landlord, you are also responsible for the safety of your tenants. The Gas Safety (Installation and Use) Regulations 1998 specifically deals with your duty to ensure that gas appliances and flues provided for use are safe. Regular documented checks by approved Gas Safe registered installers are required at least once a year.
My tenant has raised a Housing Disrepair complaint. What should I do?
It is always recommended that a complaint is taken seriously and dealt with efficiently. This means asking for a detailed breakdown of what the issue(s) is/are and if necessary, obtaining a professional opinion.
Do I need to serve a formal Notice Seeking Possession on my tenant when the Tenancy Agreement is coming to an end anyway?
Yes you do, even where the Tenancy Agreement is about to expire. This is because there is no automatic right to regain possession and statutory procedure must, therefore, always be followed.
What happens if there is no Tenancy Agreement in place?
If this is because the Tenancy Agreement expired without being renewed and your Tenant has remained in the property throughout, you may need to serve a Notice to Quit relevant to Periodic Tenancies. If there never was a Tenancy Agreement, you should seek specialist legal advice. Pro-Leagle can advise on this, if necessary.
What are the two main types of Notice Seeking Possession?
The Section 8 Notice to Quit (to seek possession during the Tenancy) and the Section 21 Notice to Quit (to seek possession at the end of a Tenancy). Under certain circumstances, you may wish to serve both Notices on your tenant. The reason for this is explained in further detail should you instruct Pro-Leagle to assist with your tenant's eviction, either by using Pro-Leagle's online Automated Notice to Quit Service or by instructing Pro-Leagle's solicitors to assist with this.
Does it cause any problems if I serve the wrong Notice Seeking Possession form on my tenant?
Yes. You must ensure that the right type of Notice is served at the right time or you may face the consequences of an invalid notice. If this occurs, you will have to start again by serving a further Notice, which will cost you time and money.
I have heard that service of a Section 8 Notice to Quit does not automatically result in my tenant leaving the property. Is this true?
Yes. Service of a Section 8 Notice is usually a precursor to a County Court application for possession.
Is it straightforward to remove a tenant using the Section 8 Notice to Quit route?
On first glance, you might think the process without complexity. After all, it is the case that a variety of non-law firm companies have entered the market and offer the service. Unfortunately this attitude is a false friend - illustrated by the fact that 7 out of 10 eviction notices are thrown out of Court for invalidity. Accordingly, there are many issues and consequences to consider before serving a Section 8 Notice. Get it wrong and you may find yourself in considerable difficulty.
Surely, the Section 21 Notice to Quit procedure offers much more certainty?
The procedure is statutory and subject to black and white rules. However, some landlords may find these obscure (for instance the consequences of an Assured Shorthold Tenancy reverting to a Periodic Tenancy). Failure to fully understand these rules may result in a Section 21 Notice being invalid, even if you feel everything has been complied with, such as providing two months notice.
How much will it cost to get Pro-Leagle to help?
A detailed listing of our costs for the online automated service and the personal service can be found on our services & costs page.
What other costs will there be?
It may be that you are obliged to issue an application for possession (accelerated or standard) in the County Court. The issue fee for this is currently £150.00. It may also be that your County Court application is contested. Pro-Leagle is here to help you with all stages of litigation and can offer a piecemeal service as well as full representation. Further details can be found on our services & costs page.
Are Pro-Leagle's costs fixed?
Yes. Pro-Leagle's charges are fixed up until the stage where litigation is required (if this is necessary).
Are you a firm of solicitors?
Pro-Leagle is a law firm regulated by the Rennes Bar (registered in France: SIRET ID 794 947 358 00014). All and any Pro-Leagle solicitors are regulated by the Solicitors Regulation Authority (SRA) of England and Wales. The Managing Director of Pro-Leagle is a solicitor qualified to practice in England and Wales and is registered with both the Law Society of England and Wales and the Rennes Bar.