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Letting a property is a common alternative to purchasing your own home, and involves entering an agreement with a landlord as a tenant. This agreement means that two sets of people with two differing sets of interests are entering a relationship, and thus both parties are protected by law. While this is an unconventional relationship, there is no need for it to be a difficult one.

Raeside Chisolm are here to give you an insight into the rights of both landlords and tenants, and what to expect when entering into an agreement like this. Our team of experts are here to help you make sense of your rights and responsibilities as a landlord or a tenant.

Relationship between Landlords and Tenants.

Landlords and tenants are both private individuals who have agreed to a set of conditions which have been laid out in a written agreement which is known as a Tenancy Agreement. This document leaves both parties with a set of rights and responsibilities.

A lease agreement between landlord and tenant must be signed before an agreement can be made. This is important in protecting both parties, as it sets out how both landlord and tenant must behave for the length of the tenancy. The agreement is related only to the use of the property which the tenant is living in.

How do I become a Landlord?

If you own a property which you are willing to offer to would-be-tenants for a monthly payment, then there are a number of considerations that must be made before you begin operation as a landlord.

The first thing which a prospective landlord must do before putting a property up as available for rent is to register with their Local Authority. This must be done as quickly as possible, as failure to register as a landlord before accepting a tenant to live in a property is illegal. To accept a tenant illegally as an unregistered landlord could mean receiving a large fine.

A landlord must decide what kind of tenancy they are willing to offer on the property. To want to offer a tenancy is not enough, a landlord must make clear the type of tenancy that they want to be made available, and in doing so they must ensure they follow the rules and restrictions related to this.

A Short Assured Tenancy (SAT) is the most common type of tenancy which is offered by landlords. This type of tenancy lands for a period of at least six months, and landlords that offer this type of tenancy are required to give tenants a document known as a Tenant Information Pack. A Tenant Information Pack includes information including the condition of the property, the rights and responsibilities of both landlord and tenant, and the details in the Tenancy Agreement.

A landlord must decide how many people they wish to offer their property to. Offering a property to more than person means that a Landlord must comply with even more rules. The most important of these is that the Landlord must apply to the Local Authority for House in Multiple Occupation Licence (HMO).

After a landlord has applied for this licence, the Local Authority will inspect the property to make sure a number of conditions are met. They will look to assess whether the landlord is a suitable to person to be given an HMO, if the property has been kept well, and what condition the property is in.

A landlord must follow the rules of their Tenancy Agreement. In signing a Tenancy Agreement, a landlord must comply with a number of rules including taking responsibility for the upkeep of the property, and ensuring that the flat is safe.

What responsibilities do I have as a tenant?

If you have taken up residence in a property from a Landlord for a payment of rent, you are held to a number of responsibilities.

The first responsibility is in making sure that rent is paid regularly and on time. Depending on the terms that have been laid out in the Tenancy Agreement, this can be done weekly or monthly. If you fail to make a payment when your rent is due, it may involve the landlord taking further action to receive payment. As long as they follow the correct process, landlords have the right to evict tenants from the property should they fail to make payments.

A tenant has a duty of care to the property they are living in. In being allowed to stay in a landlord’s property, the tenant is expected to keep the property in the same condition they found it in. This means that tenants must ensure that they keep the property clean, and do not cause intentional damage to the property. Tenants are also responsible for reporting any problems with the property to the landlord, including issues such as leaks or electrical problems.

It is important for tenants and landlords to remember that the contract which has been agreed is to protect both parties, and for the relationship to be successful, both parties must ensure they take seriously their rights and responsibilities.

Contact our landlords and tenants dispute solicitors Scotland

Our team of dedicated solicitors offer expert support to all clients, irrespective of the inquiry or legal concern. Our goal is to make sure that all our clients receive a successful outcome in any case we pursue. Raeside Chisholm are known in Glasgow and beyond for our commitment to clients, as well as the quality service we provide. To arrange a consultation with one of the best landlord and tenant dispute lawyers in Glasgow, call us today on 0141 248 3456, or fill out our online enquiry form here.

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