Renting a property from a landlord can be a worrying affair unless you exercise common sense and care. You should never sign a lease with a landlord without first thoroughly reading and understanding the contract, as otherwise you are open to abuse from the landlord. It is important to remember that, although you do not own the property, it is still to be your home so the last thing you want is for the landlord to have the run of the house and what you do in it. Of course, the landlord does have some say over this – he may stipulate that he wants no pets, no smoking, etc. within the property – but his stipulations must be in the tenancy agreement, and you should not sign unless you are happy with these stipulations.
A lawyer can help you to understand a tenancy agreement, and if you are having trouble working out the legal jargon it is always advisable to seek advice from a professional rather than signing something you are unsure about. Many tenants that have signed without fully understanding the tenancy agreement have found themselves in a hole a few months down the line – they discover that the landlord can ask them to leave at a week’s notice, that the landlord has the right to enter the property whenever he likes, or that the landlord can put up the rent without any notice – and they find themselves stuck with the problem simply because they did not read the agreement. The fact that they signed an agreement stating the landlord could do all these things reduced the tenants’ rights.
There are a number of things you should look out for in a basic tenancy agreement, and if no mention is made it is worth questioning the contract with the potential landlord and insisting that the agreement is amended before you sign. Tenants have basic rights that should not be abused by landlords, and these include:
Peaceful possession: The tenant should have the right to live peacefully in the property without harassment or interference by the landlord. The landlord should not be able to enter your property without giving you a specified period of notice (which should be in the tenancy agreement) and should only be allowed to enter in the case of an emergency. All entry must be either overseen or authorized by yourself as the tenant. Your landlord does not have the right to cut off your water, electricity ,etc. (unless done with notice and for a legitimate reason), and cannot change the property locks to keep you out.
State of property: The property must meet the legal safety and construction standards before it is let to you (or to any other tenant). You should have access to running hot and cold water, adequate sewerage facilities, heating, smoke detectors, checked gas and electrical appliances/services, and other basic services. Your landlord should also be responsible for taking care of the above and other services/provisions. You should ensure that the landlord makes it clear in the contract what he or she is responsible for and what you as the tenant are responsible for when it comes to repair and costs.
Notice period/eviction: Your tenancy agreement should stipulate how much notice the landlord is required to give you and vice versa, and this must be adhered to by both parties. Also, the landlord cannot evict you from the property unless you have breached your tenancy. Furthermore, evictions must be done through the courts.
Tenancy agreements can be complex, and the above are just a few of the points that may – or should – be covered in the agreement. An experienced lawyer will be able to go through your contract to ensure that you are getting the rights that you should have as a tenant. Also, if you feel that your landlord has breached any part of the tenancy or you feel that the landlord is taking liberties, you should ask your lawyer to look through the contract and verify whether the landlord has breached the tenancy. You may then be eligible to take legal action. An experienced lawyer in this field will quickly determine whether you have grounds for action. In the same way, if the landlord has accused you of a breach of tenancy and you wish to dispute this, the lawyer will be able to offer valuable advice.
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