As a landlord, how do you ensure a tenant pays their rent?
Well, in a nutshell, you can't! But you can try to protect yourself by taking some basic steps before you hand over the keys to the property.
Credit checks
What is your prospective tenant's financial position? Have they got multiple debts to other creditors? Are there any payment decrees granted against them in court? If so, alarm bells should ring and you should think twice about handing over those keys!
Referencing
Obtain references
The law is raining down on the private rented sector and over the next few years there will be major legal changes affecting you and your tenants. Are you ready for more changes in the private rented sector?
Ahead of the pack is the Private Rented Housing (Scotland) Act 2011 which should be in force by the end of 2011. If you're really keen or just looking for a cure for insomnia, the entire act can be found here. Meanwhile, keep reading for a handy
Would you know a dangerous dog if you saw one? Most tenants wouldn't and who can blame them. You may think the huge black snarling beast with the sharp teeth next door is a dangerous dog but the law probably disagrees. How can the Dangerous Dogs Act help?
The problems caused by dangerous dogs remains a topical issue and a controversial one. I've often had calls from landlords, who in turn have had calls from their tenants or other residents in the area - The
In an earlier blog we discussed the benefits of the new abandonment ground contained within the Private Housing (Tenancies) (Scotland) Act 2016.
Ground 10 states;
"It is an eviction ground that the tenant is not occupying the let property as the tenant's home."
This ground is only applicable to private residential tenancies.
A practical difficulty now anticipated in connection with this ground relates to service difficulties in the application for eviction.
The First-tier Tribunal for Scotland (Housing and Property Chamber) arranges service of the eviction
Registered Social Landlords will be all too familiar with the reasonableness defences available to tenants facing eviction in the Sheriff Court. However, they may be less aware of an additional defence under the Equality Act 2010 which is increasing in frequency
15 (1) of the Equality Act 2010 (the Act) provides:
A person (A) discriminates against a disabled person (B) if (a) A treats B unfavourably because of something arising in consequence of B's disability, and (b) A cannot show that the treatment is a
One of the most frequent problems faced by landlords is how they access a property when their tenant refuses to let them in. This is more common when the landlord, tenant relationship has broken down! What legal rights does a landlord have?
Routine Access
Most Short Assured Tenancies should have a specific clause covering landlord's access to the property. Most of these clauses say that the tenant agrees to give the landlord access:
