Do private landlords have any rights?
05-05-2023 | Legal Advice for LandlordsAs a private landlord, you have a responsibility to treat your tenants in the rental market fairly, and this works vice versa. Usually, the rights of landlords and tenants will be clearly set out in the tenancy agreement, signed by both parties.
Although landlord rights can feel slightly blurred at times, this article explores the different rights and responsibilities private landlords have to their tenants.
Do private landlords have the right to increase the rent?
As a landlord, you do not have the right to increase the rent of your property whenever you wish.
Particular rules must be followed if you wish for your tenants to pay more, and these rules may also depend on the rental agreement which was made. Tenants have the right to challenge private landlords who attempt to increase rent payments.
However, if a tenant has already begun paying the increased amount of rent, they cannot then change their mind and go back to paying less. In this case, the private landlord has the right to stick by the increased amount.
Can private landlords ask tenants to leave?
If you wish for your tenants to leave the property, you will need to give appropriate notice to your tenants.
As well as this, you need to offer valuable reasons as to why you are evicting your tenants. An example of a valuable reason could be if they have caused serious damage to the property or missed several rent payments.
Whilst you have the right to ask tenants to leave, to do this, you must go to court and get a court order. The Renters’ Reform Bill has proposed a ban on the use of Section 21 notices, which means that only tenants will be able to end a tenancy without a reason.
Can private landlords turn up unannounced?
Landlords should give their tenants at least 24 hours’ notice before turning up at the property, and your visit should take place at a reasonable time of day. The only exception to this is in an emergency where you need immediate access to the property.
Tenants have the right to live on the property without being disturbed by unreasonable circumstances. It might be seen as harassment if you were to turn up unannounced or enter the property without the permission of the tenant.
Set out rules and regulations
Setting out a tenancy agreement before your tenants move in, will outline the rights and duties of you, the private landlord, and your tenants so that you both understand what is expected on either side.
Setting out any rules clearly in this agreement will help to make sure that neither party breaks them, as well as protect the rental property and the landlord. This strategy will make your rights as a private landlord clear, and can act as a source to refer back to if any issues arise.
The tenancy agreement might outline that your tenants must:
- Look after the property with good care.
- Pay the agreed rent, on time. This should be the case even if repairs are needed or they are in any type of dispute with the landlord.
- Pay other fees as agreed, such as Council Tax and utility bills.
- Repair or pay for any damage caused by the tenant.
There are many other rules or regulations that could be set out in the tenancy agreement.
As a landlord, you have the right to take legal action to evict your tenants if they do not meet their responsibilities set out in the agreement.
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