LEGAL ASPECTS OF HOUSING



Legal Aspects of Housing

Legal Aspects of Housing



The law affecting landlords in England and Wales is vast and complex. Both novice and experienced landlords are advised to consult a solicitor specialised in housing law who can counsel on specific problems. Although limited by necessity, this chapter provides a general guide to the legislation and is intended to help instil a greater understanding of what is involved.

Stakeholdres in Renting Accomodations

Stakeholders are those constituents who hold some form of investment (and hence "equity") in the firm, and are morally deserving of benefits (and hence "ownership" shares) in relationship to investment "stake." This definition should include negative externality impactees: such recipients reduce the internal costs of a firm. Communities, unions, and trade associations are aggregations of stakeholders and such combinations will be viewed as strictly secondary in case of interest conflict. In renting accommodations the stake holders are , the tennat, government, the renter(Megarry Wade 2000pp.89-109).

Hypothethical situations

Law on Renting

Scenario 1

The legal aspects of renting out your home are thankfully not complex. Bear in mind that your tenant has rights, and that you can't just boot them out if you come back early. There are a few health and safety issues you need to be aware of, such as:

Having smoke alarms and extractor fans fitted

Having gas appliances inspected by a CORGI-registered engineer (you get a landlord's gas certificate when this is done, which the tenant keeps)

Ensuring upholstered furniture is fireproof

Be aware that the Disability Discrimination Act, Sex Discrimination Act and Race Relations Act also apply to you.If it all goes wrong and your tenant doesn't pay their rent, breaks stuff or is anti-social, you can get a court order to evict them (you cannot go round with a big stick and evict them yourself).

Scenario 2

When renting a flat or house that you don't share with a landlord, you will normally have to enter a 'tenancy' agreement.

Because landlords normally ask their tenants to sign a legally binding contract, it's unlikely that you will be able to rent accommodation if you are under 18 years old. But it may be possible to rent a place if you can get a 'guarantor' to sign for you. Agreements normally detail the cost of rent, when it should be paid and how much notice you should give if you want to leave the accommodation - usually one month. No matter what is agreed in a contract or verbal agreement, basic rules apply(Cheshire Burn 2000pp.45-49):

A landlord must ensure that the accommodation can be lived in and carry out basic repairs to keep it that way.

Tenants must take care of the accommodation.

A landlord cannot cut off utilities like electricity, gas or water.

A landlord cannot enter properties without the tenant's permission.

Evictions normally happen because a tenant keeps missing their rent or because the accommodation is being damaged. However, a landlord has to go through court to make this happen. People who share part of their home, such as a kitchen, with the landlord, are usually called ...