Navigating Property Law: Tips for Homeowners and Renters
Whether you own or rent your home, it's important to understand the basics of property law. This can help you avoid legal problems and ensure that you're fully aware of your rights and responsibilities. In this article, we'll provide some tips for homeowners and renters on navigating property law.
For Homeowners:
1. Understand Property Ownership
As a homeowner, it's important to understand the different types of property ownership. The most common forms of property ownership in the UK are freehold and leasehold. Freehold means you own the land and the property outright, while leasehold means you own the property for a fixed period of time (usually between 99 and 999 years) and pay rent to the freeholder. Make sure you understand what type of ownership applies to your property.
2. Know Your Responsibilities
As a homeowner, you're responsible for maintaining your property and ensuring it's safe. This includes making sure the property is free from hazards that could cause injury to visitors or passers-by. You're also responsible for ensuring that any work carried out on your property complies with building regulations.
3. Consider Boundary Disputes
Boundary disputes can be common among homeowners, so it's important to understand your property's boundaries and ensure they're clearly marked. If you're in doubt, consult with a surveyor or solicitor to help resolve any disputes.
4. Be Aware of Planning Permission
If you're planning on making any major changes to your property, such as building an extension or converting a loft, you may need planning permission from your local authority. Make sure you understand the requirements and obtain any necessary approvals before starting work.
If you have a property you are renting out make sure it is done properly to protect you and your asset. This varies from deciding whether the incoming occupants would be a licences (license agreement) to tenants (ASTs). Further exploring the best way to evict them if required including both section 8 and section 21 evictions (more on these here).
For Renters:
As a renter you have several rights as well. The nature and extent of these would vary based on whether you are a tenant (renting under an AST/Assured Shorthold Tenancy) or a licensee (renting under a license agreement usual in a HMO or shared property)
1. Know Your Tenancy Agreement
As a renter, you'll have a tenancy agreement with your landlord that outlines your rights and responsibilities. Make sure you read and understand the agreement before signing it, and keep a copy for your records.
2. Understand Your Deposit Protection
Landlords are legally required to protect your deposit in a government-approved scheme. Make sure you understand how this works and what your rights are if there are any disputes.
3. Be Aware of Your Landlord's Responsibilities
Your landlord is responsible for maintaining the property and ensuring it's safe to live in. This includes ensuring that gas and electrical systems are safe, and that any furniture provided meets fire safety regulations.
4. Know Your Rights to Privacy
Your landlord is required to give you notice before entering the property, except in emergencies. Make sure you understand your rights to privacy and how to address any issues with your landlord.
Additional Resources:
Homeowners and renters can find further guidance on property law from a variety of sources, including:
• Citizens Advice Bureau: Provides free advice on a wide range of legal issues, including housing and property. Guidance from Citizens Advice here
• Renters can get further guidance here
If you have specific legal concerns related to your property, it may be helpful to consult with a solicitor who specialises in property or housing law.
