Know Your Rights As A Landlord
You’ve taken all necessary precautions; screened your tenant and conducted a thorough inventory. Nonetheless, you’ve found your tenant to be less than satisfactory – so what are your landlord rights?
In a nutshell;
- You have the right to charge a market rent;
- You have the right to receive rent when it is due;
- You have the right to agree the terms of the tenancy;
- You have the right to be advised of necessary repairs; and
- You have the right to be given proper notice to vacate by the tenant
Payment of rent
You should insist on having a written tenancy agreement in place which sets out the amount of rent payable as well as when it is to be paid.
It is in your interests to have an audit trail confirming which payments have or have not been made, so ensure that your tenant pays their rent by standing order.
Should your tenant not pay rent for a set period, and you cannot reach an acceptable solution, you have the right to serve your tenant with an eviction notice. (Make sure you follow the correct eviction process.) You may also claim for unpaid rent.
Neglect and damage of the property
It is not uncommon for tenants (or guests to the property) to cause minor damage to your property and furnishings. Your tenants have a level of responsibility to keep your property clean, in good condition and complete basic maintenance.
As the landlord, you are responsible for maintaining your property and for the cost of most ‘fair wear and tear’ repairs. However, if damages are caused by the tenant, then you should be able to claim these back either by making a deduction from the tenant’s damage deposit or asking them to pay for the cost of repair.
Should you be advised of damage, but remember that it is illegal for a landlord to enter the property without prior agreement from their tenant. Landlords do have rights to ‘reasonable’ access to carry out repairs, but you must get permission from the tenant with at least 24 hours prior notice.
Notice to end a tenancy
The tenancy agreement should stipulate either the fixed term expiry date or the notice period that both parties must abide by.
Your tenant is legally required to give notice as set out in the tenancy agreement.
Download Our Guide To Property Management
You can download our free guide to property management and learn about becoming a landlord in Scotland. Just fill in your details below and it will be emailed out to you.