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Solicitors in Aberdeenshire, North East Scotland

Frequently Asked Questions about Leasing Residential Property

How do I know how much rent I can expect ?

Ask us and we will give you a recommended monthly rental figure taking in to account the property and current market circumstances.

What does a tenant have to pay ?

Before the start of the lease the tenant will pay one month's rent in advance and a security deposit equivalent to one month's rent

Who is responsible for payment of the Council Tax ?

The tenant will be responsible. We will advise the Council of the tenancy so they can collect the Council Tax direct from the tenant. This way the tenant will be able to claim any available reliefs or discounts applicable to his or her circumstances. You will be responsible for payment during any void periods between tenancies.

Is it better to lease furnished or unfurnished ?

That depends on market demand and the type of property you have or the type of tenant you might be looking for. Ask us for advice on your individual case.

How long is a tenancy normally for ?

We recommend a minimum of 6 months so that you can set up a Short Assured Tenancy and gain maximum control as landlord over the property

Do I need to provide a list of contents?

Yes, we need an itemised list of all contents. We can do this for you for a fee if you do not have time or are unable to do it.

What sort of furniture and contents do I need to make available ?

That is entirely up to you. Imagine that you were going to live temporarily for a few months in a rented property and think about what you might need to be made available if you did not take anything other than clothes and personal belongings with you. That would be a good starting point. And bear in mind that the better equipped the property is the more likely you are to get a better rent.

Who makes the final decision as to whether or not to accept an application from a prospective tenant ?

You do ! It is your property after all.

Can I specify what the tenant can and cannot do in the property ?

Yes, you can provide that there is to be no smoking in the property or that there are to be no pets.

Can I specify what kind of tenant I am prepared to have ?

Yes, to a certain extent, but you must bear in mind that you cannot be unlawfully discriminatory - ie, refuse any potential tenant on account of their race, religion, gender or such like

Do I have to make adaptations to my property for access and use by a disabled person ?

Not at the outset at the moment. But if you have a tenant who becomes disabled he or she may be able to ask for adaptations to be carried out. In such circumstances it is envisaged that there would be grant assistance available.

Am I allowed to inspect my property ?

Yes, but subject to giving appropriate notice to the tenant in accordance with the terns of the tenancy agreement

What happens if the tenant stops paying the rent ?

This is always a difficulty. There is provision for terminating a lease and having a tenant removed for non-payment of rent, however, unfortunately this is not a speedy business and strict time limits have to be observed in raising such proceedings. The legislation does tend unfortunately in some areas to favour tenants - this arises from the days when tenants needed protection from oppressive landlords. If you are unlucky to experience non-payment of rent we can guide you on what steps to take.

Can I be held responsible for anything done by my tenants?

Unfortunately yes. If the tenant is deemed to behave in a way which is deemed anti-social you can be asked by the local authority to take appropriate action to have your tenant stop behaving in an anti-social way or to terminate the tenancy. And there will be sanctions on you if you as a landlord do not co-operate.

Do I have to pay tax on the rent ?

Yes ! It is a form of income - but there are allowances which you can set off against the income before calculating the tax due



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