Renting a Property – The Law and You

Renting through a realtor can be a painful process; an endless stream of forms to

fill out and the competition from other hopeful tenants seems almost designed to put you off the whole process before you've even had time to think about furniture removal from your old place. Many people therefore will rent privately directly from a property owner. There are pros and cons to this choice. Dealing directly with the owner of the property cuts out the middle man, but there is also danger that he or she may not know the law that binds them, or worse, they may not particularly care. The property owner may be family, a family friend or an acquaintance of some kind, but this does not change the fact that you are entering into a legally binding agreement in which money is being regularly changed hands. Regardless of your association or relationship with your potential landlord, it is always a good idea to fill out and sign a tenancy agreement. This is a legal document binding both tenant and landlord and can be easily found online. The details of a tenancy differ from property to property, and your rights may change drastically from place to place. It's important to know where you stand legally on matters concerning you rented property. This article will offer a quick overview of the general rights and responsibilities of both tenants and landlords.

Money matters. Bond. A bond is an amount of money paid by the tenant to the landlord as security against damage to property, unpaid rent or any other breaking of the tenancy agreement. The amount can vary but is generally an amount equalling between two and four weeks' rent.

Paying rent in advance. As well as a bond you may be required to pay a number of weeks' rent in advance. The rent will be agreed upon by both tenant and landlord, and if you are paying, say two weeks in advance, the time period covered for each rent payment should always be specified.

Bills. You landlord may part all, part or none of the utilities bills. Generally it is the tenant who pays the bills, but the landlord may pay for such things as set charges on water bills.

Rights and responsibilities. Property upkeep. The landlord is responsible for ensuring that the property is clean and fit to live in at the start of the tenancy, and is responsible for a reasonable level of upkeep during the term of the tenancy. If the tenant is responsible for the upkeep of the property, this is usually reflected in the rent and should be made very clear at the beginning of the tenancy.

Damages to property. At all times the property must be deemed fit to live in'. Urgent repairs due to fault or damage not directly caused by the tenant must be fixed as soon as reasonably possible. Any damages to the property of the tenant due to neglect by the landlord is the landlord's responsibility. Damages to property caused by the direct action of the tenant are the responsibility and legal action may be taken unless the matter can be settled privately.

Tenancy agreements are the backbone of the renting process, outlining what's required from both you and your landlord in terms of rights, responsibilities and money matters. This should always be your first step in renting a property. It pays to be clear about what exactly you are signing up for, as ignorance of the law will be no excuse were your landlord to take you to court over a minor matter. Regardless of yous association with the landlord, a tenancy agreement is a binding document that must be upheld. It pays to be clear on what you're signing.

Renting a Property The Law and You

By: Michael Gibbons

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