Landlord Rights
UK landlord and tenant law gives landlords and tenants rights, responsibilities and obligations under several pieces of legislation.
In this blog, our Landlord and Tenant Lawyers examine a landlord’s rights.
Appointments are available at our offices in central London, by phone, or online consultation.
What rights do UK landlords have?
UK landlord rights are dependent on three factors:
- The terms of the tenancy agreement.
- The law.
- Relevant regulations.
The fact that a tenancy agreement says a landlord has a right to something does not necessarily give the landlord the right to do it, as contractual landlord rights in a tenancy agreement can be overridden by statute and regulations. That may appear unfair if the landlord and tenant are prepared to sign the tenancy agreement. However, the laws and regulations are designed to set minimum standards applicable to some types of tenancy agreements, such as assured shorthold tenancies.
UK landlord rights
UK landlords have the following rights:
- The right to charge rent and to be paid.
- The right to review the rent in accordance with their tenancy agreement and the law.
- The right to access the property to carry out repairs.
- Subject to the limitations of the law, the right to regain the property by applying for a possession order.
Landlords are right to think that they have many more obligations and responsibilities than rights. These obligations and landlord responsibilities are imposed by statute and regulation, so landlords cannot opt out.
Enforcing landlord rights
Landlord rights are usually enforced through one of three options:
- Landlord legal advice and resolution with the tenant.
- Letter before action.
- Court proceedings.
The court proceedings to enforce the rights of a landlord include:
- To recover rent arrears.
- Possession proceedings.
- Eviction notice.
Legal advice for landlords on landlord rights
It's essential for landlords to seek legal advice before enforcing their rights. Without specialist legal advice, landlords can lose time and money and find that they can't enforce their rights if they do not follow the correct procedure.
Here are some examples of where a landlord can lose their rights:
- A landlord cannot access their property unless it is an emergency or they have given reasonable notice and agreed on a date. If a landlord keeps turning up at their rental property, they could be accused of landlord harassment.
- A landlord can't serve a valid Section 21 notice to quit to regain their property if they have not given their tenant prescribed information at the outset of the tenancy agreement, a gas safety certificate, and an energy performance certificate.
- Landlords cannot rent their property to anyone they choose. They must carry out a right-to-rent check before the start of the tenancy agreement. A landlord can be sentenced to five years in prison or receive a substantial fine if they rent their property to someone they knew or had reasonable grounds to believe did not have the right to rent in the UK.
- Landlords cannot take possession of their property at the end of a Section 21 notice or after getting a possession order if the tenant refuses to leave voluntarily. If the law is not followed, and the eviction is unlawful, the landlord could risk imprisonment, fines, or losing their HMO license if their rental property is an HMO.
- A landlord can only increase the rent on an assured shorthold tenancy if they follow the law contained in Section 13 of the Housing Act 1988.
Landlord and Tenant Lawyers can help landlords understand their rights, duties, and obligations and how they fit together. A consultation with a Landlord Solicitor will guide you on how best to enforce your rights as quickly and cost-effectively as possible.
Contact our specialist UK Landlord Lawyers for expert legal advice on landlord rights.
Frequently Asked Questions on Landlord Rights
Do I have the right to rent out my property?
You may not have the right to rent your property in some circumstances. For example, if planning laws say that your house cannot be used as a holiday let, or if you would need a house in multiple occupation licence and have not obtained one, or if your property is mortgaged and you have not obtained permission from your lender to let it out. If you do have the right to rent out your property, it is vital that you get landlord legal advice on the terms of the tenancy agreement so that it meets your requirements.
What rights does a landlord have if a tenant damages their property?
The tenancy agreement usually states the tenant’s obligation not to damage the property. If the tenant causes damage beyond the scope of fair wear and tear, the tenant must pay to repair the damage, or the repair bill is met from deductions from the tenant’s deposit. The law limits the amount of the deposit that can be requested, so the deposit may not cover the repair bill. A court claim can be made to recover the outstanding repair costs, but landlords need to weigh the costs of court action against the likelihood of the tenant having the means to pay.
Landlord Lawyers recommend that an inventory be prepared and signed by the tenant at the outset of the tenancy agreement and that photographs of the property be taken before the tenants move in and when inspections occur. Having evidence will improve a landlord’s prospects of succeeding in a deposit or disrepair dispute.
Can I insist on inspecting my property?
Your tenancy agreement needs to spell out whether inspections will occur, their frequency, and their format. If a letting agent manages the property, the agent will usually carry out the inspection. If a landlord is carrying out an inspection, they need to be wary of being accused of landlord harassment. The inspection appointment should be agreed with the tenant, and any photographs should focus on areas of concern rather than the tenant’s belongings. For example, damage to walls or damp and mould, where the tenant reports that the property suffers from mould growth. Any concerns noted during the inspection should be communicated to the tenant in writing.
Contact our expert Landlord and Tenant Solicitors in London for legal advice on landlord rights.
Appointments are available at our offices in central London or by phone or online consultation.
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