Rights Of The Tenant In An Assured Shorthold Tenancy
Nov 3, 2009 Real Estate
An assured short hold tenancy or AST gives a tenant the legal right to live in a property for a specified time. This specified time a tenancy runs for can be a fixed term tenancy of 6 months or a periodic tenancy which rolls on week to week or month to month.
A tenant has the right to live in your accommodation without being disturbed. They have the right to have control over their home so that their landlord and other people cannot freely enter whenever they want to.
A landlord cannot interfere with the tenant’s rights to live in their property.
The law says your landlord has to keep the structure and exterior of the property in good repair. This includes:
The roof Guttering Walls (doesn’t include internal decoration) Windows and doors
Gas, electricity, heating, water and sanitation must be kept in good repair by you the landlord. Your property should have the relevant gas safety certificates for all the gas appliances in your property and any furniture given by you must be fire proof.
Your tenant has certain responsibilities when it comes to looking after your property.
Depending on what the tenancy agreement says a tenant can have more responsibility for the upkeep of the property.
If your tenancy started after March 1997 a tenant the right to ask their landlord to provide a statement of the terms of their tenancy. The information that must be provided is as follows.
The start date of the tenancy The amount of rent and the date it must be paid How and when the rent may be changed If the rent is charged weekly a rent book must be provided The length of any fixed term
You will have to hand this information over to the tenant within 28 days of the request being made by your tenant. They have to make this request in writing.
Start date of the tenancy Amount of rent and the date it must be paid How and when the rent may be changed If rent is charged weekly a rent book must be provided The length of any fixed term
The tenant has rent arrears The tenant is constantly or regularly late with the rent The terms of the tenancy have been broken The tenant has allowed the condition of the property to get worse The property is being repossessed The tenant has caused nuisance or annoyance
If the landlord wishes to evict a tenant before the fixed term is up he will need to apply to the court for a possession order. Before applying to the court he must first serve the tenants with a correctly written Section 8 Notice specifying the grounds the landlord has for regaining early possession.
Unless you have a valid reason for possession of your property the court will not grant a possession order. The court will also consider if it is within reason to evict your tenant.
To evict the tenant before a fixed term is up the landlord will need to have applied to the court for a possession order. Before serving a possession order he must first serve the tenants with a section 8 notice specifying the grounds of possession.
Unless a valid reason exists the court will not grant a possession order. The court also has to take into consideration whether it is reasonable for a tenant to be evicted.
There is no need for landlords to give a reason to the court but s/he must be able to show that the tenancy is an assured shorthold tenancy and that the correct Section 21 Notice to Quit has been served.
A tenant cannot be evicted before the landlord has gone to court and the court has agreed to the landlord regaining possession of the property. The court has to give permission on a written notice known as a possession order.
The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. It is possible for tenants to get the court to delay the eviction for up to six weeks if they can show they will face exceptional hardship.
If a tenant does not leave even after the possession order has been granted then the landlord can apply to the court to physically remove tenants from a property.
To serve an eviction notice on your tenant in as little as 3 minutes check out Landlord Angel.
Tags: Landlord, law, Real Estate, Solicitor, tenant, tenant eviction
8 Things to Consider Before You Buy Investment Rental Property
Sep 19, 2009 Real Estate
While searching for investment rental property, there are some essentials you should keep in mind. From the very start, you need to know exactly what you have in store for the future success of your investment.
You need to understand the potential rental income. For instance, has the property already been in use as a rental property? If so, you need to find out the amount that the property previously rented for as well as research whether the amount is current for the location or not. Keep in mind that some properties may have rented in a lower or over the amount that is current for the location. Ask around to find out whether the property is on target with comparable properties. By doing so, you can determine if you will get the amount, you think you should or if your expectations are improbable.
Another thing you need to consider with care is the mortgage interest. Because the mortgage interest is the biggest cost you’ll probably encounter when buying an investment property, it’s important that you understand the details of your specific loan along with the interest rates. Most homes and duplexes have mortgage loan structures that are very alike. Triplex and bigger properties are generally somewhat higher, while rates and terms are completely different when a commercial property with more units is being considered. Generally speaking, the bigger your down payment on the property, the less interest you have to pay.
Taxes will also need to be taken into account. Most people simply look at the property taxes from the year before the investment property was purchased, and assume that figure will be similar when they estimate their costs. However, since taxes usually change from one year to another, this isn’t always true. Taxes often increase after a purchase, particularly if the owner previously occupied the property, so it’s clearly a good idea to presume that the property taxes will increase after you’ve purchased the rental property.
Although, you may hope that your property is rented all the time, this is not reality; you need to consider the costs of vacant property as well. There are times when your property will be vacant by nearly a ten percent vacancy rate.
Tenant turnover is something else to keep in consideration, since as much as you’ll want to assume that tenants are staying in the property for awhile, you can’t take it for granted. And when tenants leave, a bunch of costs suddenly appear, as you’ll need to prepare for renting the property again. These expenses can include things like repainting, cleaning, and advertising for new tenants. And it’s usually wise to expect that the security deposit won’t cover any damages left behind by the tenants.
Insurance costs are something else to remember, especially since the property insurance for an investment property is likely to be higher than a property that an owner was occupying. Not only that, there’s also liability insurance to consider as well. Make sure you research quotes instead of estimating the cost yourself.
A common error many property errors make is to underestimate the true cost of their utilities. If you’ve purchased property that was previously rented, you should find out what you pay for as opposed to what your tenants pay for. Who pays for waste disposal, for example. It’s important to figure out what exactly your responsibilities are.
Lastly, you should consider the costs of property management if you are not managing the property yourself.
Joaquin Schneggle has worked closely with investment property owners for more than thirty years as lawyer, adviser, and property manager. He provides excellent free rental forms for every state on his Law for Landlords website.
Tags: INVESTMENT, Investment Property, investment rental property, Landlord, legal, property management, Real Estate, Rental Investment, rental property
Tips on Conducting Rental Property Move-In Reports
Sep 6, 2009 Real Estate
Did you know tenants are required to leave the premises they rent, in as good as or better shape then when they moved in? But how do you know what shape it was when they moved in?
This is why conducting a complete and comprehensive move-in report is so indispensable. Having signed, written proof of the condition of the residence prior to the tenant moving in will relieve you of any confusion come move out time.
Don’t be too hasty when performing the move-in. A little time allotted for precise and meticulous documentation, will go a long way in the end.
Having an established route you take when performing move-ins or outs help prevent any oversights. Many landlords start with the first room they come to when entering the house. Often it will be an entryway or living room. Now is the time where details matter; marking the entire living room as okay is severely lacking details.
Start from the ceiling and work your way down to the floors. Are there hooks or cracks in the ceiling? Is the popcorn crumbling in some areas? Check to see if the ceiling fan works properly. Make sure all the lights are all working properly
As soon as you finish one area (ceiling, walls, ceiling fans, etc.) move on to the next. Does the room have a sliding glass door? Is it in proper working order? Are there any blinds or drapes? Is the screen door free from dents or holes?
Continue on whatever course you have set for yourself. Make sure to check any storage areas, bedrooms, office, bonus rooms, etc. Flush toilets, turn on showers and baths. Check for leaks, look for any sign of previous water damage. Turn lights off and on, open closets, pull out drawers. Check everything.
Taking pictures of the home is always a good idea, especially focus on areas of concern or new items through the house. Documenting the outside condition is vital as well. Check the exterior lighting and fences. Is the yard alive, recently mowed or raked?
After you have finished the report; review it with your tenant. Address any issues or questions they may have. Make certain the sign and date the form, and provide them a copy for their records. Also, allow them time to report any missed details, usually about 7 days. A report of a fist size hole through a bedroom door reported three months after they move-in is not tolerable.
Detailed move-in reports are essential to rental properties. You as the landlord and the tenant will benefit from such a report. Not only does it protect the tenant from incurring costs from damage that was present prior to their move-in; it also protects you the homeowner in the event that there is new damage after the tenant moves out.
Looking for the best Red Bluff Property Management or Red Bluff Rentals? Northern California Property Management is the premier property management in the area. Click on the previous links to find out more about us. You can get a unique content version of this article from the Uber Article Directory.
Tags: Investment Property, Landlord, Move-in report, move-out, property management, Real Estate, rental property, rental property condition, Security Deposits, tenant
How To Become A Landlord
Sep 5, 2009 Real Estate
To know how to be a landlord you must understand what a landlord is and does. A landlord is an individual who owns a piece of property. This property may be an apartment, a house or a piece of land. This individual then rents this property out to someone to use for an agreed sum called rent. This person who rents out this property is called a landlord. Here are tips on how to become a landlord.
If you want to know how to be a landlord you must first know how to acquire the property. One of the easiest ways of becoming a landlord is by inheriting the property. Someone who owned the property passes away and leaves their property to you. You automatically become a property owner.
The other way of being a landlord is by buying the piece of property. You may have to get a loan or a mortgage to be able to do this nowadays. Most people cannot pay for these properties in cold hard cash. It is just too much to afford today.
To know how to be a landlord requires that you know how to take care of your property. If you want a lot of people coming to rent your property then it must be well taken care of. You must always take the effort to make sure that you maintain your property.
The second thing about knowing how to be a landlord well is to learn. You will have to learn the laws of owning your piece of property. For example you cannot just rent out your property for the construction of a bar if the area does not permit bars in the neighborhood. You will have to learn all these codes.
The third thing when want to know how to be a landlord is to keep tabs on property values. A good landlord will always want to know if he is charging too little or too much rent for his property. If you do not monitor this then you will end up being the sore loser.
One more thing in knowing how to be a landlord knows the timing of purchasing property. You will have to be aiming for low property values that will appreciate in the future. You may take years before you get your shot at a piece of property but it is totally worth the wait.
A good landlord will know not to rush into buying property where crime is on the rise for example. He must always put in the time and energy to find the right location for his venture. If he wants to rent out a piece of land for agricultural purposes then he will have to buy in an area with fertile soil.
Dawn Enstruthe has written info on The Rent Source about inexpensive auto rental insurance and discounted landlord rent guarantee insurance.
Tags: apartment, business, finance, Landlord, property, Real Estate, real;estate, realtor", rent
Convince Your Landlord To Accept Your Pet
Aug 9, 2009 Real Estate
When you move into rental homes in Utah you might find many landlords don’t like to accept pets into their rental property. This is because they fear the pet will cause more damage and possibly be a nuisance to the neighbors. There are a couple of ways you can convince your landlord or Utah property management KeyRenter that your pet is trained and will be okay on the rental property.
Provide any training certificates to the landlord showing the pet has been taught obedience in proper schooling. This helps the landlord trust your pet knowing it has been trained by professionals. If your pet hasn’t had formal training, then there are other ways to prove that your pet will behave at the rental home.
One way is to invite your landlord to your current place of residence so they can see the condition of the place with your pet living in it. You could also get a letter of reference from the neighbors and current landlord for the pet. The landlord can also meet the pet at that time to see how they get along and its behavior.
Negotiate a possible pet deposit for having your pet live there. This will give the landlord money in case there does happen to have damage from the pet. If nothing is damaged, you can get the money back when you move out.
Check the laws since some states have policies that allow pets into rental homes. This includes if tenants have special circumstances such as if the tenant is visually-impaired and needs a dog to help get around. This would over-ride a no-pet policy.
If your landlord won’t budge on their no-pet policy, then you will have to find a different rental home to move into. Ask KeyRenter to find a rental home that fits your needs including a home for your beloved pet.
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Renting A Home In Utah
Aug 8, 2009 Real Estate
You may be deciding on renting a home in Utah, but don’t know the first steps in going about it. Utah property management such as KeyRenter.com helps many find rental homes in Utah that fit their needs. There are several things you should know on how to rent a home in Utah.
Search listings on-line for rental homes in Utah that are available. If you live near the area you want to live in, then you could also drive around looking for rent signs. The best way is to go on Utah property management websites like KeyRenter.com that will have reliable information on all their rental listings.
Once you find a few homes that fit your criteria and is something you want to look further into, then call the landlord or Utah property management to ask for a viewing of the home. Set up an appointment to see the home.
When you go visit the rental homes, bring your background information about yourself with you. This is so you can fill out the application right there if you want to be the first on the list for the home. When you view the home ask questions about it and about the neighborhood.
After the viewing, if you decide you’re not interested in the home, then just thank the landlord or agent for showing it to you. You can also say you’re looking at some other rental homes and if you’re interested you’ll contact them. If you already know you are interested, then ask for an application and fill it out to return to them as soon as you can.
Most likely they’ll run a background check and a credit check on you. If you get accepted after that, then meet with them sign the contract and talk about a move-in date. Ask any questions you may have on the contract before you sign it. After it is signed, make a copy for yourself to keep. The landlord will then give you the keys to the home. Start moving in at the date the landlord said you could. Make sure to make all of your payments on time and to not damage any property while residing there.
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Managing Your Utah Rental Homes
Aug 8, 2009 Real Estate
If you own multiple properties in Utah and have decided to rent out your homes, be sure to know how to manage your Utah rental homes. You have the choice to do it yourself or to team up with a Utah property management company like KeyRenter to manage all your rental homes in Utah.
If you decide managing all you rental homes in Utah is too much, consider looking for a Utah rental property company. KeyRenter has helped hundreds of homeowners manage their homes and can help you save time and money letting them handle your multiple properties.
Advertise your rental homes through yard signs, ads in the newspaper and local magazine, and internet websites. Keyrenter.com can provide all of this for the homeowner as well as a lockbox. Answer phone calls from prospective tenants and set up a time to meet with them to show them the rental home. Keyrenter.com can set these up for you or can use the lockbox to let potential applicants roam the house by themselves when they are told the code to a lockbox.
Give applications to those who want to fill one out and are interested in your rental home. Ask for references and ask if you can run a credit check on them. Keyrenter.com does a full 12-point residential screening on applicants. Evaluate applicants to find the best tenant.
Fill out the contract with the new tenant so all responsibilities are understood. During the length of stay make sure you and the tenant adhere to the contract. Take pictures of the rooms before the tenant moves in so the original condition of the place is known.
Have an organized way of filing your rental payments and security deposit and any other fees. When your tenant moves out, do an inspection of the property to see if there is any damage that needs to be paid for. You can use the pictures you took to compare to the property. If there is, take it out of the security deposit. Any leftover money is returned to the tenant. Be sure your property has fire, theft, liability, and other insurance for your Utah rental homes before the tenant moves in.
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Getting Your Rental Security Deposit Back
Aug 8, 2009 Real Estate
When moving into Utah rental homes, many landlords ask for a security deposit along with the first month’s rent. The security deposit is usually around as the same amount as your monthly rent. They ask for a security deposit is to secure money aside for the landlord if anything is damaged or needs to be repaired due to the tenant’s use.
This doesn’t include if an appliance or fixture breaks because of age or other reasons. But if the tenant ruins something such as dirtying carpet, they can get money deducted from their deposit. Utah property management like KeyRenter also ask for security deposits for the same reasons. Make the most of your deposit and do certain things to keep your house clean to get your security deposit back.
Do a run through with the landlord or Utah property management like KeyRenter to document what parts of the house may already be damaged so you won’t be blamed for it after you move out. Take pictures and make a list of what things are already damaged and have a witness sign it as well as the landlord.
Consistently do quick daily cleanings of the rental home. This includes the bathroom sink, tub, and toilet and kitchen appliances like the fridge and stove. This will make it easier when you move out because there won’t be dirt or grime built up from your time there.
When you move out, refer back to the list you made at the beginning and compare the condition of the apartment to what was listed on the document. That way you personally know what has changed in the condition of the rental home.
Arrange for a tour of the rental home after you move out to show the landlord or Utah property management what the home looks like. If there are any disputes, be sure to negotiate or work it out immediately instead of drawing it out and burning bridges.
After you’ve cleaned up and given a tour with the landlord, ask for your security deposit. They might give it to you on the spot or mail it to you later. If you don’t receive it in a few weeks, write a formal letter asking for your deposit back. If for some reason, the homeowner still doesn’t give it to you when you deserve it, you’ll have all the documents and pictures to prove the homeowner is in the wrong.
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Stress-Free Finances While Renting Out Your Home
Aug 8, 2009 Real Estate
Money, Bills, Checks, Deposits, Taxes… the financial responsibilities may seem endless when you’re a landlord managing your own rental home. An alternative to handle stress-free finances would be to let someone else do it for you.
Property management companies can help with this as well as other renting issues and questions you may have. Utah property management in particular can help from finances, maintenance and legal help. KeyRenter is a property management company that helps its clients have stress-free finances.
First, handle the rent check properly. At KeyRenter, this means the check is written to them on the 1st of each month from the tenant. The check is then cleared through themselves before sending it to the tenant. So if there are any delinquencies, they can handle it for you.
Second, direct deposit makes sure checks are accounted for. Keyrenter not only could send you the check, but can also do a direct deposit right into your banking account. This saves you time of going to the bank to deposit it and gets the money to you quicker.
Third, perform a year-end tax summary report on your rental home to help you know what to file in your taxes for your rental home in Utah. KeyRenter provides this service to their clients.
Use a Utah property management company for a small fee like KeyRenter to handle your finances. This is all for a three-structure fee of $75 monthly management, $400 leasing fee once tenants are secured, and $75 for the year-end tax summary report. These prices are among the lowest for Utah property management.
Other companies can charge 8-10 percent for the monthly fee and charge 25-50 percent leasing fee. Letting others handle your finances while renting out your home can provide a better experience for you and a more organized way to keep track of your records when they do it for you.
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How To Find Utah Rental Homes In Springville
Aug 8, 2009 Real Estate
Finding rental homes in Springville, Utah, may be something you are looking at doing. Springville is just south of the bustling Provo and can provide an escape from the college town atmosphere while still be close to it. There are several rental homes in Utah with some located in Springville. You just need to look at the right places to find them and know what areas in Springville would fit your needs the most.
Looking at Utah property management listings such as KeyRenter can be a good place to start. They have reliable listings since they are a business who is catering to the needs of landlords and tenants. Search their websites and look at the various listings to find ones in Springville and get a general idea of the area.
Springville is close to the mountains and provides hiking trails around the area. If you like to hike and be outside, you should live near the mountains which are on the east side of the town. There are several rental homes in the area if you look for them. You can drive around to find them as well.
The disadvantage to living so eastward in Springville is that you are quite away from I-15 the only freeway in the area. If you have to commute out of town, it’s suggested to live more on the west side of Springville if you are looking for a quick and easy commute. The freeway is fast and if you live near it, it can save you a lot of time.
If you like the arts, consider living near the Springville Art Museum which is close to the center of Springville. Many activities and showings are held there and can provide a way to pass the time for you if you live near it. You could just walk by to check out what they have. Check Utah property management as well for rental homes in Springville. KeyRenter is a good source to go to.
If you are a college student, but don’t like the traditional college atmosphere. You could live in the most northern part of Springville. This will provide you an atmosphere different from the college one, yet is within 5-10 minutes of the nearest university. Good luck in your search for rental homes in Springville, Utah. Location is key in determining your rental needs.
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Tags: business;finance, homes for rent utah, l, Landlord, lease, leasing, m, moving, r, Real Estate, real;estate, rent, Rental Agreement, rental homes utah, rental industry, renting, tenant, u, utah homes for rent, Utah Property Management, utah rental homes