If you are a Landlord and are interested in letting a property, you should read the general guide on this page. However please note that this is not a complete guide of all the information you will need to know - for more detailed information please read our accommodation guide by clicking here.
Alternatively you should contact one of the agents listed within this section (previous page) and they will be very willing to give you any assistance you require.


The Current Rent System

Assured and Assured Shorthold Tenancies
A new letting by a landlord who is not living in the same house as his tenant will normally be either an assured tenancy or an assured shorthold tenancy. An assured tenancy will generally allow the tenant to stay for as long as he wants. An assured shorthold tenancy will allow the landlord to take the property back at the end of the agreed term.

Whether they let on an assured or an assured shorthold tenancy, landlords can now charge tenants a market rent. So don't worry that you will be forced to rent at an unrealistic low rate. There are a couple of rules in place to prevent landlords charging excessive rent but in general terms the tenant must pay what has been agreed between you and him or herself.
It used to be difficult to get your property back when you wanted to. Now it is possible to let property for any length of time that you find convenient and be totally confident that you can get it back. This type of letting is called an assured shorthold.


How much Rent can you Charge?
If you let on an assured shorthold tenancy, where you have the absolute right to get the property back, your tenant does have the right to ask the rent assessment committee to determine a rent for the tenancy during the first fixed period of the tenancy. This is an independent statutory body consisting usually of three people: a lawyer, an expert in property valuation and an ordinary layperson. The committee will only set a rate if there is evidence that you are being charged considerably and significantly more than other landlords of assured shorthold tenants in your locality. The rent they determine will be a market rent.

If you let under an assured tenancy that is not an assured shorthold, you and your tenant agree the rent he/she will pay and you can also agree how it is to be increased. No third parties can interfere with the rent or any rent review mechanism that is in place, once it has been agreed between you and your tenant. However you and your tenant can agree to a change in rent if you both wish to do so.

If you decide not to include in the initial agreement a mechanism for increasing the rent you can still do so in some circumstances. However you cannot try to increase the rent for which there is no rent review mechanism for a fixed term tenancy. But you will always been able to increase your rent if your agreement states you can.

How will you get your Property back?
Getting your property back when you want it is now easier than at any time previously. You have an absolute right to get it back at the end of an assured shorthold tenancy. You should remember that it is not normally possible for the landlord to get the property back during the first six months of any tenancy unless;

1. The tenant agrees to leave at an earlier date.
2. The tenant has breached one of the terms of your tenancy agreement with them.

The tenancy can be extended at the end of the initial tenancy agreement by either agreeing to a further fixed term, or by allowing it to continue as a periodic tenancy for as long as you so desire. If you allow a shorthold tenancy to run on in this way you do retain the right to seek possession of the property at any time (you must give the tenant two months notice of your intention to do so) and the court must grant you possession when you do eventually seek it.

A full assured tenancy (not a shorthold) gives the tenant more security. However you can still get the property back in certain circumstances, and the law does not protect bad tenants. There are seventeen grounds in law in which an assured tenancy may be terminated. The seventeen grounds are broken down into two types; mandatory and discretionary. If a mandatory ground is proven in court the court must order repossession by the landlord. If a discretionary ground is proven in court then the decision to allow the landlord to repossess lies with the judge and is at his discretion.

Some of the grounds are also prior notice grounds. This means that you must inform the tenant (in writing) before any tenancy is entered into, that under certain circumstances you may wish to repossess the property.


FAQ

How much rent can I charge?
You can charge a full market rent. It is a very good idea to read the local papers and see what other similar properties in your area are charging.

How do I start the process of finding tenants?
We would suggest speaking to an established letting agent in your area. They have the local knowledge and expertise to guide you in letting your property. Please see our list of agents by clicking here to find one in your locality.

How do I create an assured shorthold tenancy?
You just need to agree the main terms of the letting with your tenant; particularly the monthly or weekly rent and the length of the tenancy term. This should be done with a standard form called a tenancy agreement, which is available from your letting agent.

What happens when the fixed term of an assured tenancy comes to an end?
Your tenant has the right to remain in the property until the court has granted you possession. In the case of an assured shorthold tenancy, the court must grant you possession if you apply for it once the fixed term is over. To terminate an assured tenancy you will need to use one of the seventeen grounds mentioned previously.

How can I get my Tenant to leave?
You must give them a written notice that you intend to seek a possession order in the court. In the case of an assured shorthold tenancy where the term of the shorthold has come to an end, you just need to provide notice that you require possession. Although there is no prescribed form for this notice it should contain certain information - please check with your local agent.

If you are relying on one of the seventeen grounds to secure possession, you need to give notice of intent using a special form. You normally need to give two months' notice before applying to the court to bring an assured shorthold tenancy to an end, although in certain cases the period of notice can be longer.

Will I be liable for my tenant's Council Tax?
The short answer is no. In ordinary dwellings the resident (the tenant) is responsible for paying the Council Tax for the property. Where the property is an HMO the landlord will be responsible for the payment of Council Tax. Properties inhabited solely by students are exempt from Council Tax and, where the property is unoccupied, the landlord will be entitled to a 50% reduction.

What if the property is mortgaged?
Most mortgage deeds prevent you from letting without your lender's consent. You need to check before taking on a tenant.