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Domestic Letting and Factoring of Property

Leasing a House or Flat - Tenant

If you want to rent a property to live in your solicitor can provide you with the relevant advice.

It is important to have references available from a previous landlord and your employer and sufficient finance to pay at least one month's rent in advance and a deposit which is likely to be equal to one month's rent.

You will be asked to sign a lease of the property and you should check this over carefully before signing it. You may wish your solicitor to check it over and explain it to you. You should make sure that your landlord provides you with a full copy of the signed lease, including an inventory of furniture.

The lease often requires you to confirm that the contents of the house are in good condition and you should check that these are in good order before the lease starts. Your landlord is not entitled to charge you a fee for preparing the lease.

If you require assistance with payment of rent, contact the Benefits Agency and the Housing Benefit Department of your Local Authority.

If you are already a tenant and you are having a problem with your landlord then you should contact your solicitor right away. They may be able to solve the problem for you and, if you are receiving Income Support or are on a low income, you may be entitled to Legal Aid.

You should be aware that if you have signed a lease for a fixed period you must pay the rent for that period, even if you want to leave earlier. You may not be entitled to stay longer than the end of the lease unless you have agreed an extension with your landlord.

Paris Steele W.S. have many years of experience in acting for tenants in the leasing of residential property and would be glad to advise and assist you in that connection.

Leasing a House or Flat - Landlord

If you wish to rent out a property you need to choose your tenant with care. Your solicitor can assist you in choosing your tenant and acquiring the necessary references to show that the tenant is suitable. Your solicitor will also obtain a deposit from the tenant, usually a sum equivalent to one months rent and the tenant should pay rent in advance, usually on a monthly basis.

It is very important to have a proper lease drawn up or your tenant may be able to stay in the house even after the agreed period. In extreme circumstances, the tenant can become entitled to occupy the house permanently, even at a reduced rental. Your solicitor will be able to prepare a proper and enforceable lease to give you protection. In most cases a Statutory Assured Tenancy will be set up and your solicitor will ensure that this is done properly as the lease must be signed by the tenant before he or she moves into the house and certain forms delivered to the tenant and acknowledgement of receipt of these forms received.

In the event that the tenant falls behind with rental payments it can still take several weeks or months to remove the tenant but your solicitor will be able to give you full advice on the dangers of letting out your property. In the event that eviction proceedings have to be taken your solicitor will be able to act for you.

If you have a loan secured over the property from a Bank or Building Society you should be aware that you will probably have to obtain the permission of the lender before you can lease out the property.

There is now legislation in place regarding the safety of the central heating and other gas appliances and also what kind of furniture you can and cannot provide. If you are letting to a number of unrelated people, the property may be required to be licensed with the Local Authority as a house in multiple occupation. Your solicitor can assist with this.

Paris Steele W.S. have many years of experience in acting for Landlords in the letting of residential property and would be happy to advise and assist you in that connection.