Changes to legislation to protect the rights of tenants have been widely documented. However, it’s important to remember that these laws are in place to protect the rights of landlords as well.
Each country in the UK has its own rules and regulations for privately rented properties, so your exact rights will largely depend on where your rental property is located.
Here are the rights that apply to all landlords, regardless of where the property stands.
Related: A guide to tenant rights
The right to increase rent
You do have the right to increase rent as a landlord, but only if you stick to certain rules. For example, in a periodic tenancy, you may increase your rent once a year, but no more than that – unless the tenant agrees to an increase.
In a fixed-term tenancy agreement, the rent can typically be reviewed either when the term ends or if the tenant agrees. You will need to give at least a month’s notice and follow the process outlined in your agreement.
If you decide to increase your rent, it must be ‘fair and realistic’. A good way to ensure this is to check other rental listings in the local area or speak to your letting agent.
Access to the property
The tenant living in your property has a legal right to ‘quiet enjoyment’ of the home, which means you can’t show up unannounced. However, if you give your tenant the amount of notice stipulated in your tenancy agreement, you can then visit the property.
The only exception to the quiet enjoyment rule is if there is a genuine emergency in which your access to the property is necessary. Depending on the urgency of the situation, you should still attempt to contact the tenant before entering the home.
Repossession rights at the end of a tenancy
You have the right to repossess your property at the end of a fixed-term tenancy, but certain notice periods must be adhered to. The standard is two months, but make sure to refer back to your tenancy agreement to be certain.
Eviction rights
Under current guidelines, if your tenant falls into arrears with their rent, you have the right to evict them. You can also evict a tenant if you wish to sell the property or for any other reason. However, there are strict rules around evictions that landlords need to know about.
For example, you can use a Section 21 notice to evict a tenant at the end of a fixed-term tenancy, but not before. If your tenant is in breach of their tenancy agreement, you can use a Section 8 notice to evict them at any time during the tenancy. Valid reasons for serving a Section 8 notice might include:
- The tenant is in arrears with the rent
- The tenant has damaged the rental property
- They are, or have been, a nuisance to the neighbours.
If your tenant refuses to leave by the date specified on the notice, you will have to apply for a standard possession order through the courts.
If rent arrears are not the reason for the eviction, you will instead need to use an accelerated possession order. If the tenant still refuses to leave after this point, a warrant of possession is required, and in this scenario, bailiffs may be used to obtain the property.
Related: The Renters Reform Bill explained for landlords
Protecting your rights as a landlord
Many if not all of your rights as a landlord are reliant on your own legal compliance. For example, if you serve a Section 21 notice but have failed to provide the tenant with a gas safety certificate, this is a breach which will allow the tenant to appeal against the eviction notice.
This is why stringent property management is essential for protecting both landlords and tenants.
Using a break clause in tenancy agreements
It’s usually a good idea to insert a break clause into your tenancy agreements. This allows you or the tenant an option to end the tenancy at a fixed point, so it could be an extremely important measure.
Related: Why DIY tenancy agreements are a bad option for landlords
Deposit disputes
Deposit disputes are common, so it’s important to know your rights as a landlord in case you find yourself in this situation.
If there is damage to the property outside of what constitutes ‘fair wear and tear’, or if there is unpaid rent still due, you can suggest a reasonable deduction to cover the costs. If the tenant chooses to dispute the request, you will then need to contact the Deposit Protection Scheme in order to resolve the issue.
Where can landlords get help?
With legislation changing and tightening all the time, it’s not surprising that many landlords choose to use a letting agent to avoid any legal issues. As the rental landscape continues to change and evolve, taking the ‘DIY’ route poses more risks when it comes to legal compliance. A letting agent can help you navigate the legal complexities of renting, while also protecting your rights as a landlord.
For more help with your investments, contact Ellis & Co’s expert lettings team
