Guide to independent and professional landlords

Page 1: Privately rented housing
Page 2: How is the lease drawn up?
Page 3: Will my landlord ask for a deposit?

Hannah Shanks - Editor

How is a lease drawn up?

Landlords can draw up their own lease, but generally use a template provided by a lettings agent or bought from a number of companies for a fee. Lettings agents usually have a standard lease which they will customise for an individual property according to a number of factors – the landlord's preferences, the property details, etc.

The content and conditions of a lease are regulated by the Unfair Terms in Consumer Contracts Regulations drawn up in 1999. These regulations can be viewed online.

It is important for the tenant to check that a lease also includes an inventory, which is a list of existing furnishings and their state of repair. A detailed inventory that you both sign will safeguard you against being accused of causing damage to the property that predates your occupancy. If necessary, take photos of any existing damage (for instance, cracked windows or broken furniture) to ensure that you can prove that the landlord and not you is responsible.

What are my rights as a tenant?

The law requires landlords to keep the property in good condition, including exterior repairs, guttering, window and doors. You have the right to live in a safe property and the right to live undisturbed; your landlord cannot enter the property without your permission without a specific reason.

In a situation where you feel that the gas or electrical connections in the property, or the building's infrastructure, might be unsafe, you can contact the Health and Safety Executive (HSE) who can investigate.

It is a good idea to be aware of your rights as a tenant and to seek advice from the public bodies available to help you (Citizens Advice Bureaus, local authorities and any number of charity organisations who assist with housing) or legal advice. However, it is worth noting that it is relatively easy for a landlord to evict an Assured Shorthold Tenant. Bear this in mind if you approach the landlord with any concerns or complaints.

When a landlord and a tenant are both involved in a property, how is responsibility for repairs and rates divided up?

Your lease may specify where the responsibility lies for particular maintenance tasks. However, as a general rule, the landlord retains responsibility for:

  • repairs to the structure and exterior of the property, heating and hot water installations, basins, sinks, baths and other sanitary installations
  • the safety of gas and electrical appliances
  • the fire safety of furniture and furnishings provided under the tenancy
  • ensuring that the property is fit for habitation
  • repairing and keeping in working order the room and water heating equipment
  • the common areas in multi-occupancy dwellings

The tenant is responsible for:

  • paying the rent and taking proper care of the property
  • bills as agreed in the lease: things like water rates, council tax, gas and electricity and telephone bills can be allocated to you or paid by the landlord as specified.

What if I don't want to leave after my lease is up? Or what if I want to leave early?

After living in the property for the minimum period specified in your lease, you can end the tenancy at any time, giving the length of notice specified in the lease. On the other side of things, the landlord can end the tenancy after the minimum period has elapsed, giving at least two months notice that they wish to take their property back.

Landlords can also end a tenancy at any time for certain reasons, including non-payment of rent or damage to the property. If you refuse to vacate a property after the landlord has asked you to, and if the landlord has followed the necessary steps or has adequate grounds for terminating the lease, then they can apply to the county court to have you evicted.

 
 


Property pros