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Landlord And Tenant Rights

Every landlord and tenant has certain rights and responsibilities, even though some of them may not be mentioned in the tenancy agreement. The rights that a tenant has may be affected by the type of tenancy of the tenant. Verbal or written agreement with a landlord is an addition to the basic rights of a tenant, and regardless of what it says, none of these rights can be taken away by tenancy agreements. A landlord or anyone acting on their behalf may be guilty of illegal eviction or harassment if they try to take away these legal rights of a tenant.

What Is A Landlord Responsible For?

Every landlord has obligations. Depending on the type of tenancy, the rules and procedures will vary accordingly. It must be kept in mind that tenants may not have all of these rights if they have a licence instead of a tenancy.

  • Not disturbing tenants - While access to the accommodation may be required by landlords for inspection and repairs, but they must not unnecessarily interfere in how tenants live in their home. Landlords cannot come unannounced at any time, if they need to visit, they should arrange a suitable time and give proper notice.

  • Protecting the tenants' deposit - The deposit made by tenants has to be paid into a government approved deposit protection scheme by the landlord. Moreover, unless there is a dispute, the deposit should be returned at the end of the tenancy. The correct procedure of evicting tenants is to acquire a court order and provide a written notice. Forcefully evicting tenants without a court order or notice counts as illegal eviction, which is a criminal offense.

  • Performing repairs - Carrying out a majority of repairs to the structure or exterior of the property is the responsibility of the landlord. This means that the landlord is responsible to deal with problems with the chimneys, drains, guttering, roof and walls. Keeping the equipment that supplies electricity, gas and water in safe working order is also the responsibility of the landlord.

  • Meeting safety standards - Ensuring the safety of tenants is the legal obligation of the landlord.

  • Following the rules on rent - Landlords have to inform tenants when and how they have to pay the rent. During the tenancy, landlords can only increase rent at certain times and in certain circumstances.
What Are The Responsibilities Of The Tenant?

Sticking to the rules is important for tenants and breaking the tenancy agreement should be avoided. Tenants who do not follow certain basic rules risk getting evicted.

  • Not leaving the home - It may sound obvious but living in and using the property as the main home is necessary for tenants if they wish to keep their tenancy. Staying up to date with the rent - Tenants usually have to pay the rent in advance, usually on a monthly or even weekly basis.

  • Paying the bills - Bills for electricity, gas, telephone and water as well as the council tax and payment for a TV licence have to be paid by the tenant.

  • Taking care of the property - As far as the upkeep of their homes is concerned; it is the responsibility of the tenants. Looking after the property should never be ignored and causing damage to the property or any of the neighbours' property should be avoided.

  • Not causing a nuisance - Behaving in an antisocial manner as a result of which the neighbours would get annoyed or upset should be avoided by a tenant. Landlords can legally evict a tenant who behaves in an antisocial way.

  • Being responsible for the household and visitors - Apart from their own behavior, tenants are also responsible for the behavior of anyone else that is staying with them or visits them.

  • Smoking - Unless it is said in the agreement that the property is non-smoking, tenants and those who visit them can smoke in the accommodation.

  • Ending the tenancy properly - Ending the tenancy properly is necessary for tenants wishing to move out. If the tenancy is not ended properly, then the tenant will remain liable for the rent even after leaving.

Thus, a landlord and tenant has a mutual relationship in which both parties have particular rights and responsibilities they must oblige to, as mentioned above.

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