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Distress for rent is an ancient remedy still available to Landlords (although not for much longer if the Government has its way). It can be extremely swift and effective [you do not need a court order]. But make sure you get it right otherwise the boot will be on the other foot and the Tenant will be after you.

I only want to create a short let on a temporary basis. Can I do this and still get the Tenant out?

Fixed term 6 month lettings are outside of the scope of the Landlord & Tenant legislation and can be simple and effective answers. There are traps, e.g. there must be no rights to follow on and there must not be continuity of possession for more than 12 months. Alternatively a Tenancy at Will may fit the bill - as long as the Court does not think it's a sham to get round the Landlord & Tenant legislation.

I want to create a long-term letting but still want possession at the end. Can this be done?

Yes, by court order but it could have a depressing effect on rent reviews.

I'm a Tenant and I want to improve the Landlord's premises. Can I do so and will I end up paying more rent because of my own improvements?

Check carefully the terms of the lease and rent review. It will probably make a difference whether or not the lease says that written permission must be obtained first. Some leases say the improvements are ignored for, say, one review and then brought into account. We will check out this sort of thing for you.

The Tenant has moved in and now refuses to sign the lease, what can I do?

Always a difficult one. It's best to make sure the Tenant signs up before possession is allowed. If the Tenant knew the terms which he was to take on, you could probably argue that he is only a Tenant at Will with no security.

The Tenant's become bankrupt but he purchased the lease from an earlier tenant. Can I sue the earlier tenant?

It depends on how long ago the lease was made, and may also depend on what provisions for guaranteeing a previous tenant's obligations may exist. We will check your lease for you.

I want to build up a portfolio of investment property. What can I do to protect my investment?

The main safeguard is a "blue-chip tenant" but you will still need to ensure that your lease contains a suitable Authorised Guarantee Agreement, no tenant's break clauses, etc.

As a Tenant, I am worried about taking on a long term commitment but then again if my business is successful I would want a long term lease. Can I have both?

Yes, using break clauses or options.

I would really like to buy the property I currently rent. Can I get any comfort that my Landlord won't sell to someone else without my knowing?

Yes, by using a right of pre-emption or preferably an option.

Do I need to get my lease stamped, or even registered at the Land Registry?

Stamped?

Probably

Registered?

If it's longer than 7 years, yes.

We will tell you how and how much. Remember if you don't get it stamped in time you can be charged interest and penalties.

Contact Jobling & Knape with your Landlord and Tenant FAQs question:

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