This booklet is not meant to describe or give a full interpretation of the law – only the courts can do that. Nor does it cover every case. If you are in any doubt about your rights and duties then seek specific advice. Introduction Letting a property can increase your income and you may be taxed. It may also affect any benefits that you receive. Use this online guide to find out your tax obligations as a landlord and how to work out your rental income. If you live abroad, read this guide for non-resident landlords. Where a landlord is proposing to sell his interest in a building containing flats in relation to which the RFR exists, he must, by law, first offer it to the tenants before the sale takes place. He must serve formal notices on the tenants telling them what he is intending and must provide time for them to consider the offer; he cannot sell to another party during that time, nor offer the interest to anyone else at a price less than that proposed to the tenants or on different terms. Breach of these legal obligations by the landlord is a criminal offence. If the landlord sells without providing the Right of First Refusal, the tenants can serve a notice on the new owner demanding details of the transaction, including the price paid; they can then take action to force the new owner to sell to them at the price he paid. There must be at least two flats in the building, so the right does not apply to houses occupied as one unit – but will, of course, apply to a house which has been converted into flats. There are three requirements for the premises to be subject to the RFR: Finally on price, the RFR carries certainty. The offer price is the certain price that will be payable (unless the landlord withdraws the offer). Under a 1993 Act claim, the price is not known for certain until the end of the negotiation, determination and appeal process, which can sometimes prove lengthy if it is a complex case.

You must give proper notice if you want the tenant to leave. The length of notice depends on what grounds you are asking the tenant to leave on. the cost of withdrawal or deemed withdrawal – if a notice of withdrawal is served after the first four weeks of the nomination period specified in the Offer Notice, or if a party is deemed to have withdrawn after this period, the withdrawing party will be liable for the other side’s costs. Withdrawal within the first four weeks means that there is no liability for costs. The S5A and S5B procedures are the most commonly used and the remaining provisions are relatively rare. Where the landlord fails to give Notice of First Refusal the terms on which the disposal was made, the price, any deposit paid, and the date it took place; and if you evict the tenant without using the court process, you could face a criminal prosecution by the local council, and the tenant could bring a claim in the county court for re-instatement and compensationYou must provide the record to current tenants within 28 days or new tenants at the start of their tenancy. Failure to do so may mean you are not able to use section 21 of the Housing Act 1988 to take possession of your property if needed. The other procedures are relatively uncommon and those for the Sections 5C, 5D and 5E are set out in Appendix 2. Service of the notice the requirement to make the offer and the procedure involved is set out in the Act. If a landlord fails to comply with any of these statutory requirements he commits a criminal offence. The requirements also apply where the landlord’s interest is being sold by a Receiver, a Trustee in bankruptcy or an Executor following grant of probate. If they are still within the fixed term or the tenant wants to leave sooner than the notice period allows, the tenancy agreement can be ended if both parties agree. Unless or until a suitable replacement tenant is found, the tenant will remain liable for rent until the fixed-term agreement has ended or, in the case of a rolling periodic tenancy, until the required notice period has expired.

you will be prohibited from using a section 21 notice if you charge fees that are not permitted under the Tenant Fees Act 2019 you may face enforcement action by the local council if the property is not kept free of hazards and fit for human habitation – this may prevent you from being able to rely on section 21 for 6 months You must ensure there is at least one smoke alarm on each floor of a rented home where there is a room used as living accommodation.the landlord genuinely lives in the building as his only or principal residence and has done so for more than 12 months. the date by which the offer may be accepted (the initial period) – this must not be less than two months from the date of the notice; and you will be prohibited from using a section 21 notice if you fail to deal with the tenant’s deposit in accordance with the requirements of a government-approved deposit scheme the initial period for acceptance of at least two months. This initial period must end at least two months before the date of the auction; and More than 50% of qualifying tenants may serve a S11A notice on L2 requiring details of the disposal

The nominated person must send a notice to the landlord at least 28 days before the date of the auction, electing that the remaining stages of the procedure should apply. You must ensure smoke alarms and carbon monoxide alarms are repaired or replaced if you are informed that they are faulty.If all the conditions are satisfied, then a landlord proposing to dispose of his interest must serve a formal notice on the qualifying tenants making the offer of first refusal; this is called the Offer Notice. You may ask the tenant to pay a deposit before moving into your property in case of any damage or unpaid bills at the end of the tenancy. It’s important to remember that the deposit is the tenant’s money. For assured shorthold tenancies created since 6 April 2007, the deposit must be protected by a government-approved deposit protection scheme.