Are you a Competent Landlord?

It may sound like a silly question but in the eyes of the law the test of a competent landlord has huge consequences on a landlord’s ability to make and exercise options on a property and lease protected by the Landlord & Tenant Act 1954. Or its ability to accept or decline tenants requests for tenants lease renewals under the act.

The Act specifies a competent landlord as one with a freehold interest OR a superior leasehold interest with a minimum of 14 months left to run. If the immediate landlord does not qualify for the 14 month rule then the competent landlord will be the next superior landlord with a minimum 14 month qualification or the freeholder.

So ensure that you consider both the timing of any notices you intend to issue and who you are issuing them on if the identity of the competent landlord is likely to change during any lease renewal proceedings.

Being aware of key dates and planning well ahead will help to ensure that you don’t fall foul of the rules.