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The Landlord & Tenant Act 1985 and Housing Act 1988 govern the renting or letting of property.


Landlords

Landlords must:

  • Your tenants should be able to live without being harassed, or inconvenienced by the landlord.
  • Provide property that is fit for human habitation. If a property is in an unhealthy state it is illegal under the Landlord & Tenant Act 1985.
  • Maintain building structures and the outside of the property.
  • Ensure that repairs are carried out properly.
  • Design and build property to certain standards. If they don't, they can be prosecuted under the Defective Premises Act 1972.

Tenants

Tenants must:

  • Pay rent
  • Pay Council Tax, Water Rates and any other bills connected with the property unless other arrangements have been agreed with the Landlord.
  • Take care of the property
  • Allow the landlord to enter and view the property, providing you've been given at least 24 hours notice.
  • Leases and renting
  • Both landlords and tenants have legal obligations that depend on the type of lease.
  • There are three types of lease for private tenancies:
  • Assured Shorthold Tenancy - tenancies started after 28th February 1997 unless the landlord has stated otherwise. Landlords are certain of retaining possession of the property at the end of the lease.
  • Assured Tenancy - tenancy is assured for a fixed period and can only be terminated by court order or surrender by the tenant.
  • Regulated (or 'protected') Tenancy - tenancies started before 15th January 1989. These offer the most protection against rent increases or eviction.
  • Under the Housing Act 1985, council or housing association tenants benefit from . They have greater protection from rent increases or eviction than private tenants and can transfer the tenancy to a spouse or dependants should they die.
 
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