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Letting your home
If you rent out or are thinking of renting out your home, it is vital that you are aware of your legal rights and obligations. When you let your property to a tenant, the tenancy is automatically an assured shorthold tenancy - unless you agree otherwise in writing.
Shorthold tenancy
A shorthold tenancy means that:
- you have a guaranteed right to get your home back after six months if you need to
- you can charge a 'market rate' for rent, that is, the going rate for similar property in the area
- you can get your home back if your tenant owes you at least two months or eight weeks rent
- you can evict tenants who are causing a nuisance to local people
How long does an assured shorthold tenancy have to last?
That is for you to agree with your tenant. You can agree that it should last for a set period (known as a 'fixed term') or you can leave it open-ended.
How do you get your property back?
You can end the tenancy without giving a reason at any time after six months, provided any fixed term you agreed to has ended. You need to give your tenant at least two months written notice that you want your property back.
You can end the tenancy at any time on certain grounds (reasons) for possession set out in legislation. These include rent arrears, anti-social behaviour, and damage by the tenant. The length of the written notice you must give will depend on which ground you are using.
What if the tenant won't leave?
Most tenants do. You cannot evict a tenant yourself, but you can apply to the county court to get your property back. Where the fixed term has ended you can use an accelerated possession procedure which can avoid the need for a court hearing.
Why not just leave my property empty?
You can lose over £5000 a year by keeping a home empty through rent loss, council tax, insurance, dilapidation and security measures. There is also the risk of vandalism, squatting and complaints from neighbours.
What if the property needs repairs before it can be let?
Some local councils and housing associations may be able to help by providing a grant or loan, or arranging to lease and manage the property for you. Contact your local council for details.
More useful links
It's worthwhile reading the information provided in the links on this page. You can also get advice from a solicitor, Citizens Advice Bureau, housing advice centre or a landlords' association. Check whether your local council has an empty property officer who will be able to give you advice.
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