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It is widely believed that most for us live within our own homes. However, a lot of people are tenants renting buildings from private landlords, councils and also housing associations. At the heart of landlord and tenant law may be the tension between two conflicting interests; those of tenants and the ones of landlords.
Housing law attempts to strike a balance between allowing people to make profits from them properties, and providing tenants with affordable housing. On the one hand, landlords need to make profits in order to maintain their properties to your standards set out by way of the law. On the many other hand, tenants require housing that's both decent and affordable.
The other important trouble is security of tenure. Again, the law attempts to strike a stabilize between how easily landlords may well repossess their properties, and the amount of security tenants have within their homes. If landlords are to invest in residential property to boost the supply of housing, then they need to be confident of being able to remove their tenants to be able to sell their assets. Without this right their properties would lose much of their value. Tenants obviously want the proper to stay providing possible, as moving property is both expensive together with time-consuming.
Landlords feel that homes law favours tenants for some reasons. Firstly, landlords ought to maintain their properties to high standards put down by the government, even if tenants do not pay for the rent. Secondly, if tenants breach their tenancy and the landlord is forced to evict them, the courts will normally only award a small percentage of the landlord's legal costs linked to repossessing property. Thirdly, if tenants don't want to leave a house, landlords have to go through a lengthy legal process that usually takes between 4 and a few months to successfully evict tenants.
Landlords feel that regulations is especially biased towards tenants when it comes to repossessing property. To succeed in obtaining a possession order for a property, a valid notice is a starting point. The notice will be scrutinised by a judge and the tenants' legal representatives, who are typically specialist housing attorneys. Notices are given gone freely by many organisations and appear simple to complete. Nevertheless, this is not the situation, and landlords frequently get mistakes costing them months of delay.
Landlords should also don't forget that there are many options for tenants to defend themselves 100 % free through government-sponsored lawyers. Each time a defence is filed the legal costs to your landlord escalate as even more hearing dates are arranged. Tenants often benefit with free solicitors, while landlords don't. Therefore it is fundamental that landlords obtain professional advice from a property solicitor first, so that they do not get involved in expensive to defend cases that could get easily been avoided.
It can be argued that housing law does favour tenants. However, landlords rent property out to make profits. Therefore like any other business decision process, they need to include the additional expenses that law imposes on them within their business plans, before trying out residential property.
