Call Our Experts Today: 0800 48 44 33
Home About Us Contact Us Affiliates Terms &
Conditions
 
This text is replaced by the Flash movie.
Blog Home Page | About Blog

Posts Tagged ‘tenancy’

Scottish landlords threatened by new law

Friday, August 6th, 2010

Landlords in one part of the UK are bracing themselves for a law change that will significantly affect how they conduct their business.

The Scottish Parliament is studying proposals to introduce a mandatory self financing deposit scheme where private landlords and agents will have to pay rent deposits from their tenants into a named bank account.

The scheme comes on the back of a report that said a large number of private tenants in Scotland find their rental deposit or at least part of it is withheld by the landlord at the end of the lease without good reason. The Scottish Government believe the new scheme would alleviate this problem by putting the deposit account in quarantine until a third party can judge on any dispute between landlord and client in respect to the condition of the property at the end of the lease.

At the moment there is no standard procedure in Scotland to deal with this kind of dispute, and although an aggrieved tenant could take his case to the Sheriffs court, government advisors believe many of the thousands of tenants who have had deposits withheld believe people are intimidated by the system and therefore let rogue landlords get away with their bad practices.

The move was welcomed by the National Union of Students who has many members in private accommodation in Scotland, a large of whom have had deposits withheld in the past. The scheme was slated, however, by the Scottish Association of Landlords whose spokesman said that the scheme would only be subscribed to by good landlords, the type who cared about both their properties and tenants, and the type who had landlord insurance and obeyed all required legislation already.

The final details of the scheme have yet to be finalised but it is anticipated that fines will be levied on non compliance. However, Scottish landlords will look back at the recently introduced Landlord Registration scheme which has failed miserably because of a lack of government action against non compliance in achieving good practice by all landlords.

Tags: Government, Landlord Insurance, Scottish Law, tenancy
Posted in Advice, Best Practice Guides for Landlords, Landlords Insurance | No Comments »

How long should your tenancy be for?

Monday, April 12th, 2010

An assured shorthold tenancy (AST) agreement can be granted by a landlord for a fixed period, such as six months. Tenancies of this nature are known as Fixed Term tenancies. If the landlord does not renew the tenancy agreement at the end of this stated period, it becomes a Statutory Periodic Assured Shorthold Tenancy (AST). This is a tenancy where the original terms remain in place, except that it now proceeds from period to period, depending on when the rent was required to be paid. So if rent was required to be paid every month, then the Statutory Periodic Tenancy also becomes monthly.

Another type of tenancy is the Contractual Periodic Tenancy, where the end time of the let period is not set. This type of agreement continues until it is terminated at the discretion of either the tenant or the landlord.

As to which is the best option out of a fixed term or a periodic tenancy agreement, the obvious big advantage of the former is that there is the supposed certainty with regard to the exact time period of occupation. However, there are actually fewer and less critical differences than you might have thought. With neither type of agreement in place can a landlord gain possession of their property within the tenancy’s first six months without giving two months notice (section 21) to the tenant, and even then they will have to satisfy other stipulations.

Many landlords fear that there is little leeway in getting their agreements ‘right’ as far as maintaining the ability to repossess their property is concerned. However, all residential tenancies since the 1996 Housing Act have been considered to be Assured Shorthold Tenancies, eliminating a source of much previous uncertainty for landlords. A landlord can now regain possession from the tenant after six months provided that two months’ notice is given - unless, of course, the agreement was for a longer period. That said, it is still important for landlords to keep abreast of all relevant legislation, including recent developments.

With regard to the most popular nature and length of tenancy, most landlords opt for a fixed term Assured Shorthold Tenancy (AST) for between six and twelve months. The shorter of those two lengths is to be recommended for most landlords, particularly if there is an unfamiliar incoming tenant.  This makes it easier to remove the tenants from the property if there are any problems.

The advantages of a longer agreement include, in the case of managed property, if an agent charges a landlord a fee on each occasion the contract is renewed. However, there are also several disadvantages to a longer let. If a tenancy is, for example much longer than a year, the amount of rent charged will not keep up with the market rate due to rental growth and inflation, causing you to lose money until the time finally does come for renewal - unless, of course, provisions exist in the agreement to increase it.

A landlord may also wish to let for a shorter time period. However, under an Assured Shorthold Tenancy Agreement, possession cannot be ordered even by a court to occur until after six months from the tenancy’s start. Nonetheless, there are several grounds on which you may gain possession earlier, provided that the tenancy’s terms include relevant provisions for it to be ended.

If you do not want possession at a definite time, then you can simply grant a Periodic Tenancy, which can be weekly or monthly and will continue from one period to another until you serve notice to end it.

At the end of your fixed term tenancy, you can grant one of a new fixed term tenancy or a contractual periodic tenancy, or alternatively, do nothing. This will cause the tenancy to become a statutory periodic tenancy, running from one rent period (i.e., a month if the previous agreement required rent to be paid that often) to another. It will then not end until either the landlord puts a new agreement in place, or the property is left by the tenant and is possessed by the landlord. Remember to look for good landlord insurance.

Tags: Advice for Landlords, tenancy
Posted in Best Practice Guides for Landlords, Landlords Insurance | No Comments »

  • Pages

    • About
  • Recent Posts

    • Internal wall cracks will need monitoring
    • Prince Charles to fit solar panels at Clarence House
    • Good news for landlords as rent arrears fall
    • Do the job right
    • Protect yourself in case lightning strikes
  • Categories

    • Advice
    • Best Practice Guides for Landlords
    • DIY
    • Help
    • Insurance Guides
    • Interest rates
    • Landlords Insurance
    • Rent Guarantee Insurance
    • Rent Loss Insurance
    • Students
    • Uncategorized
  • Archives

    • September 2010
    • August 2010
    • July 2010
    • May 2010
    • April 2010
    • August 2009
    • April 2009
  • Meta

    • Log in
    • Entries RSS
    • Comments RSS
    • WordPress.org
  • PropertyQuoteDirect Insurance Products

    • Landlord Insurance

PropertyQuoteDirect - Landlords & Buy to Let Insurance Blog is Designed and Hosted by Gravytrain Limited