Rent Book For Landlords & Tenants - Weekly or Monthly Rent Payments - By LegalPath®

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However, it may be advisable to remind the occupier before the end of the fixed term that you want her to leave.

The Unfair Terms in Consumer Contracts Regulations apply to tenancy and licence agreements, and if a term is found to be unfair it is not enforceable. A tenant is under a duty to use the property in a proper, “tenant-like manner”, and you would not be responsible for repairing damage caused by his or her failure to do so. Resident landlords have this greater freedom to end an arrangement because it is acknowledged that, should the relationship break down between the landlord and the person he or she lets to, the landlord is more vulnerable in his or her own home. Also, in some cases, even if the occupier pays little or nothing to the landlord and shares his or her accommodation, benefit may be calculated taking into account how much he or she could reasonably be expected to pay. You are also entitled to take a deposit before the person you let to moves in, to act as security in case he or she leaves the property owing you money, or to pay for any damage at the end of the letting.

For example, if you pay rent to a private landlord who doesn’t live with you and you’ve agreed a 6 month tenancy, you’re likely to have an assured shorthold tenancy. However, you can calculate whether this or the normal method is better for you in any particular year and tell your tax office which one you want to apply (this will then continue until you inform them that you want to use the other method). Normally the First-tier tribunal will not consider an application for a new rent within two years of the last registration; the exceptions are either if you and the occupier apply jointly, or that either party applies on the grounds that there has been a change of circumstances which means the registered rent is no longer reasonable. If the occupier has to share his or her room (or all of his or her rooms, if more than one) with someone he or she did not choose, the letting would be a licence.

Other circumstances in which housing benefit can be paid to the landlord include where a tenant is in rent arrears of eight weeks or more or where the tenant is unlikely to pay the rent based on evidence of past, or likely, failure to pay rent. You may also have signed an agreement stating that the property was granted under a licence to occupy. It can be used for tax purposes to claim expenses related to the property, such as mortgage interest, repairs and maintenance. Whereas the usual assumption for any letting arrangement is that it will be a tenancy, there may be some factors present that will make it merely a licence to occupy. The point of having a ‘Balance’ column is to make a note if there has been any overpayments or underpayments.This is calculated by setting against the rent expenses of letting, including things like replacing fixtures or furniture, or a ‘wear and tear’ allowance. Whether the letting was a tenancy or a licence, the court will award possession to you, where there is no question that the let has properly come to an end and where you have followed the correct procedures for regaining possession.