Advice for Landlords
We recommend that a landlord seeks legal advice before entering into an agreement with a tenant because the legislation is complex, the obligations on a landlord can be daunting and the fines and costs can be substantial if there is ever a dispute.
For advice about drawing up tenancy agreements or resolving disputes between a landlord and a tenant, please contact MKB Law’s Real Estate/Property Team for further advice.
When a landlord rents a property there are many areas that should be considered:
If you are managing the property yourself, you should seek legal advice from a solicitor to draw up a tenancy agreement for you because the legislation is complex and a landlord has legal obligations to a tenant.
Are you employing the services of an agent to find you a tenant and to check them out? Thereafter will you require the agent to manage the property on your behalf and what are the agent’s charges for doing so?
If you are instructing an agent they should be able to go through with you your obligations as a landlord.
If you are managing the property yourself you should ensure that you are fully up to date with current legislation and requirements.
Landlords are required to produce an Energy Performance Certificate (EPC). The certificate lasts for 10 years and has to be produced by an accredited assessor. An assessment of the property must be carried out and a certificate obtained prior to letting the property. Any existing landlord must carry out an assessment of the property after the current tenant leaves and before a new one moves in.
Advice for Tenants
MKB Law recommend that a tenant seeks legal advice before entering into an agreement with a landlord because the legislation is complex and it is essential that a tenant understands what is contained within an agreement before signing it. Once an agreement is signed it is a binding contract and the usual consumer rights about ending the contract do not apply.
Points to consider consider before taking a tenancy:
What length of tenancy is being offered and what are the renewal options at the end of the fixed term?
Does the Lease continue at the contractual expiry date by virtue of the Business Tenancies (NI) Order 1996?
What are the repairing obligations under the Lease and the risk of a claim for Dilapidations arising during or at the end of the Term?
The obligations on the Tenant to comply with statutory obligations and compliance issues?
Property due diligence including review of statutory approvals relevant to the property
Liability for service charge and insurance arrangements