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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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We have a self contained annex to our house. I am trying to

Customer Question

we have a self contained annex to our house. I am trying to determine what type of tenancy agreement I need to get a new tenant to sign
JA: The Property Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not yet
JA: Please give me a bit more information, so we can help you best.
Customer: what else do you need?
JA: Is there anything else important you think the Property Lawyer should know?
Customer: I can't see what - the annex is self contained, it has its own council tax bill, utilities come through our house and are on sub meters (which we read and pass through the relevant charge to the tenant with no uplift). we pay the property insurance and have notified our insurers we let the annex.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Property Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: UK Property Law
Expert:  Stuart J replied 5 months ago.

Does it share anything at all?

Customer: replied 5 months ago.
no - separate entrance door, pathway and gate; we built it as a self contained granny flat and designed so we would be able to not know any comings and goings should we feel like it.
Expert:  Stuart J replied 5 months ago.

Thank you.

The answer to this could not be more simple based upon what you told me about the property and its layout.

It is a straightforward Assured Short hold Tenancy. Now, whilst the tenancy agreement may be quite straightforward, the legalities around it are far from it. There is a whole raft of documentation that you have to give to the prospective tenant including the tenancy agreement, energy performance certificate, gas safety certificate, electrical safety certificate, a government book about renting property in England and if there is a guarantor, the same again to the guarantor. If the tenant is paying deposit, then it has to be registered with an approved Tenants Deposit Scheme. If you don’t comply with all the statutory requirements which really are a minefield and not only a minefield but a minefield which is changing all the time, the chances are that if the tenant does something wrong, or you want to get them out, you will not be able to rely on the usual section 8 or section 21 procedures.

Further, if example you don’t protect the deposit in a scheme, the tenant can sue you for three times the deposit as compensation. Yes, really! If you have a six month tenancy agreement and it has been renewed three or four times, they are entitled to 3 times the deposit for each renewal. Yes really!

For all of these reasons I would urge you to use an experienced letting agent. Note, not just an estate agent one who is an expert in letting properties. Many estate agents think they are the letting experts but their expertise is amateur at best.

Unless you have experience of it, drafting your own tenancy agreement in dealing with the paperwork yourself is a bit like taking your own appendix out: better entrusted to an expert.

Does that answer the question? Can I answer any specific points arising from this?

Please do not forget to use the rating service to rate my answer positively so that I get paid for my time. You may get the impression the thread closes after rating but it does not, it remains open and we can still exchange emails with anything else needs clarifying.

Kind regards.

Stuart

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