Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 4 weeks ago 36
I am a newbie landlord trying to get some basic understanding and thought I would post for some help. I have a few manuals some incredibly long to read at some point, but I have a tenant moving in soon so just wanted to quickly pick up any tips and advice from those that are experienced in these matters.
My questions are as follows:
1. Assured Short Hold Tenancy Agreement – I am planning on going for a 6 month AST. I am not sure what happens at the end, do I need to write another one out if the same tenant stays on? I want to stay strictly within the law at all times and don’t want anything or mistakes to invalidate my insurance so would like to know what landlords generally do?
2. Notice to quit should it be necessary, I believe its 2 months with a 6 month AST? Is this correct? What notice does the tenant need to give?
3. The actual AST. I am going to use the one I found on .gov.uk website because I like the explanation notes throughout it for both the landlord and tenant. I have had a skim read of this but could not see anywhere to add your own ‘house rules’. Can these be added, or do we need to mention an appendix and add them in there? What tips and advice can everyone give regarding this? I know legally the tenant has the right to ‘quiet enjoyment’ but what exactly does this mean from a legal perspective. I just want to clearly state within the tenancy agreement things like making sure the flat is properly ventilated (I think that is referred to in the one I have downloaded), no smoking policy, no pets, no wild parties (lol) and anything else I think might be a problem. Can we just list our do’s and don’ts or does any of these put us in danger of making the AST not legally binding, I don’t want to do something and then find my AST would not stand up in a court of law because I did this or that, so I am really looking for the idiots guide to getting it right and staying on the right side of the law. Obviously I don’t want to be paying legal fees either before or after, hence I am asking for those experienced landlords for the benefit of their knowledge.
4. I am aware of the Rent to Rent legal obligation so will be drafting something up for the tenant to sign and taking a photo of their passport.
5. I am also aware of the Rent Deposit Scheme and will be doing this within the 30 days as I have already had this, does anyone have any advice on this not sure whether to pay the small fee and retain it or not? Just thinking its best to have it if you had any disputes at the end of the tenancy what do people think?
6. I have already used a third party and had the tenant referenced and credit checked and all looks good, am I missing anything?
Many thanks all.
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