Common Questions

What rent can I charge?

You can charge a full market rent. It may be useful to look in the local paper in the property or classified section under accommodation for an idea of local market rents.

How do I create an assured shorthold tenancy?

You simply need to agree the main terms of the letting with your tenant; the monthly or weekly rent, and the length of the term of letting. This should be done with a standard form called a tenancy agreement. These are available from your letting agent or legal stationer.

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 bring an end to a full assured tenancy you will need to use one of the seventeen grounds.

How do I get my tenant to leave?

You must give him written notice that you intend to seek a possession order in the court or, in the case of an assured shorthold tenancy where you are relying on the fact that the term of the shorthold has come to an end, simply notice that you require possession. Although there is no prescribed form for this notice it should contain certain information and suitable forms are available from legal stationers.

If you are relying on one of the seventeen grounds, rather than the shorthold, you need to give notice using a special form available from legal stationers. You normally need to give two months' notice before applying to the court to bring an assured shorthold tenancy to an end, although the period of notice you must give will sometimes be longer, for example for a yearly tenancy (one which runs from year to year) where the period of notice required is at least six months.

The period of notice is only two weeks for the 'bad tenant' grounds such as rent arrears, but longer (normally two months) for the other grounds.

If the tenancy is periodic you will need to provide the required period of notice, and the notice must expire on the last day of a period of the tenancy.

Will I be liable for my tenant's Council Tax ?

No, not usually. In ordinary dwellings (i.e. those dwellings which are not Houses in Multiple Occupation (HMOs)) the resident (in this case the tenant) is responsible for the payment of 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. Ask him before taking on a tenant.

What if I am leaseholder?

You should check the terms of your lease, and if necessary ask your landlord's permission.

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This site is maintained by the Letting Centre Ltd. The Letting Centre cannot provide legal or technical advice to landlords or tenants. If you require legal or technical assistance please contact your local Citizens Advice Bureau, Housing Advice Centre or a solicitor

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