Know about Landlord and Tenant Law before Leasing

Published: 02nd August 2011
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Information related to an increase in rent is usually laid out in the rental agreement. However, in the event that the rental agreement has no mention on how the rent increases or varies, or in the tenant does not accept a rent variation, the landlord can adopt the procedure laid out on Housing Act 1988.

Second, have written screening criteria in place before you start accepting rental applications and ensure that your criteria is legal and applied consistently. You should set forth the minimum requirements that are necessary to rent your property as well as what will cause an applicant to be denied in your screening criteria. You may provide the written screening criteria to each prospective applicant along with the application if you wish. At the very least, however, you should memorialize the criteria in writing, date it and keep it for at least 3 years. It is important to remember that if you make an exception to your screening criteria for one applicant that you have now lost the protection of having the criteria in the first place ---- so avoid making any exceptions. The screening criteria should be used as a checklist of sorts. If they meet requirement


Renters with specific physiological disabilities might have other legal answers at their disposal to stop drifting smoke from coming into their domiciles. Under state and local law, those with limitations are enabled with feasible quarters and/or changes of guidelines from their property managers to make sure that commensurate availability to and happiness of their living space.

Tenants are obligated to pay their rental due on or before the specified date every month. If there is going to be any delay in rental payment, the tenant must inform landlord of the same. The property structure must be maintained in good condition. The tenant will be expected to pay a security deposit amounting to two months of rent to the landlord. The tenant cannot be away from the property for more tan 14 days. An advance notice must be given to the landlord when the tenant is planning to leave the property.

The breach is actionable per se, which means that the tenant is entitled to compensation regardless of whether or not they have actually suffered any loss or damage as a result of the landlord's breach. Because of this, it is in the landlord's best interests to make sure that care is taken to comply with the legislation as even a technical breach can result in compensation being payable.


At the moment every residential tenancy is presumed to be an Assured Shorthold Tenancy unless there is an agreement that states otherwise. Tenancies of this type are subject to special rules.

Under pre-Obama law, the new investor had no reason to be concerned about tenant occupancy because he knew that the foreclosure sale wiped out the lease. Obama's blow-hard Protecting Tenants At Foreclosure Act changed that. Now, a real estate investor buys at foreclosure subject to any existing term lease. (All other leases require a needlessly long 90-day notice to terminate)."

If, however, Congress defined "Notice of Foreclosure" further out, say closer to the actual foreclosure sale, such definition would be better for tenants because it would bring more term leases within the ambit of the law and such leases would likely have more time left on them after the foreclosure.

A tenant has the right to end a tenancy at the end of the fixed period by vacating the property on the last day of the fixed period and it is not necessary to give a notice. This would include when the tenant has an Assured Shorthold Tenancy and the initial fixed period ended. However, if the tenant stays in the property beyond the end of the fixed term, then a periodic rolling tenancy will be created and he will need to give appropriate notice in order to terminate this.

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