Tenants - 5 Mistakes You Need to Avoid

The main reason why people rent in the UK is because they can't afford to buy a property or they do not have enough funds to maintain it. Paying a fairly low rent can help to put money aside for a deposit which in turn could be useful in securing a good mortgage deal. Others may choose to rent if their job moves temporarily to another part of the country. Renting will also be the sensible option for those who plan to go to college or university away from home but return home for holidays. Whatever your reason for renting, however, you need to make sure you understand the legal obligations with taking on a lease, and avoid the following mistakes:

1. "I don't have to get a solicitor until after I've come to an agreement about the terms of the lease."

When renting a property, most people often only decide to instruct a solicitor once they have agreed the terms of the lease. However, instructing a solicitor from the very beginning before any terms have been agreed means that the solicitor is able to advise you on the full terms of the lease and its implications. This means that you can negotiate with the landlord for the most appropriate lease terms for your circumstances.

2. Not taking time to understand the legal terminology.

The terms of a lease can be very complicated and if you have any difficulty understanding them you should contact your solicitor and ask them to explain in more detail. It is important that you understand the temrs and obligations of the lease before entering into it.

3. "I'll have to pay the other side's legal costs if I withdraw from a transaction."

Always remember that you can withdraw from a transaction at any time before contracts are exchanged and there is normally no obligation to pay any fees for the other side whatsoever.

4. Not checking the likely timescale of the transaction at the outset.

You should ask your solicitor how long the transaction is likely to take. On average it can take around 4 weeks from first contact with the letting agent to moving in. This period can depend on problems encountered with the legal process and response time from the other side. You must keep in touch with your solicitor so that you are always aware of what is going on.

5. "I have signed my lease and not taken legal advice from a solicitor."

Once the lease is signed you will be bound by the contents of it. The majority of leases will have many pages of detailed clauses that can affect you financially, so we recommend that you ask a solicitor to look at these and negotiate them for you before you sign the lease.

However, under the Unfair Terms in Consumer Contracts Regulations, terms that are regarded as 'unfair' under the regulations will have no effect. Consult a solicitor straightaway if your landlord is trying to enforce rights against you that you consider to be unfair.


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Bonallack & Bishop are a firm of Landlord and Tenant Solicitors that have particular experience in Lease Extension work (http://www.enfranchisementsolicitors.co.uk ). Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in the last 12 years and sees himself as a businessman who owns a law firm.