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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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What safeguards are to be taken while letting the property

Resolved Question:

What safeguards are to be taken while letting the property to tenants privately - not through estate agents - as their fees is quite high and in place till the tenant occupies the property.?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The most important things are:-
1. Tenancy agreement – Make sure you buy an assured shorthold tenancy agreement (if you are letting the whole of the property) from a reputable document provided. Many of these will also have completion notes to tell you how to complete the tenancy accurantely. You need to ensure that all adults that are occupying the property are named as tenants on the tenancy agreement and ensure that two copies are executed by you and the tenants, with both parties keeping one copy. If you wish to insert a break clause after the first 6 months then make sure this is included in the tenancy agreement
2. Deposit – If granting an assured shorthold tenancy agreement and also taking a deposit then this needs to be protected in a deposit protection scheme. You will not be able to get possession at the end of the fixed term without registering the deposit. Information here:-
https://www.gov.uk/tenancy-deposit-protection/overview
3. Eviction Notices. If the tenant observes the terms of their tenancy then you will only be able to get possession of the property at the end of the fixed term by serving a s21 notice.
Info:-
http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm
http://www.landlordzone.co.uk/pdf/servingS21.pdf
If the tenant breaches a terms of their tenancy agreement then you need to be aware of your limited rights to get possession before the expiry of the fixed term:-
http://www.tenancyagreementservice.co.uk/section-8-notice-to-quit.htm
4. Getting possession after serving a notice. You cannot evict a tenant without a court order. They way you get this is by using the government’s online services:-
https://www.possessionclaim.gov.uk
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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