Finding a tenant

We undertake detailed checks for you of any prospective tenant, which includes obtaining references from both their bank and employer. We make sure that they have a full time employment position and their employer will vouch for the tenant. We also obtain their bank details and we can also advise on more detailed credit checks, if you require this.

Tenancy agreements

Since the implementation of the Housing Act 1985 and subsequent amendments to that legislation, it is almost invariably the case that the Tenancy Agreement between a landlord and a tenant will be an Assured Shorthold Tenancy Agreement (AST). Even if there is no written agreement between the parties, it is very likely that the implied agreement which exists is an AST agreement.

In brief, an AST Agreement cannot be for less than six months and, after the expiry of the Agreement (usually 6 or 12 months), either the tenant or the landlord can bring the tenancy to an end by providing two months’ written notice to quit the property at any time.

There are some exceptions to this rule and there are some Residential Tenancy Agreements which are subject to the Rent Act 1977. These have substantially different regulations and there is much more security for the tenant. These are called Secure Tenancies.

Rutherfords Solicitors has extensive experience of advising clients, including the issue of court proceedings in relation to both Housing Act and Rent Act tenancies.

It is very important that the landlord enters into a properly drafted AST Agreement so that there can be no doubt between the parties and the landlord can protect his interests before the tenant takes possession. This is important because once the tenant is in possession, unless the tenant leaves voluntarily, the landlord will require a court order to regain possession of the property.