Pictured above Jon Clifford of MFG Solicitors

The struggling property market has thrown up an unlikely new phenomenon - the accidental landlord. And more and more people are finding they are unable to avoid the trap Jon Clifford, of Midland law firm MFG Solicitors.

We are talking about those who have 'accidentally' become landlords without realising it. Unable to sell their house, but having to move for work or other reasons, they are renting it out.

However, they are now subject to exactly the same landlord and tenant regulations as someone who is a professional buy-to-let investor.

If you rent out or are thinking of renting out your home, it is vital that you are aware of your legal rights and obligations.

First, the obligations. You have to take on board repairs to the structure and exterior of the property, heating and hot water installations, basins, sinks and baths; the safety of gas and electrical appliances; the fire safety of furniture and furnishings provided under the tenancy; and generally ensure that the property is fit for habitation.

The tenant is required to pay the rent while taking proper care of the property, bills for gas electricity and telephone where agreed, and meet the council tax, water and sewerage charges.

When you let your property it is automatically on the basis of an assured shorthold tenancy - unless you agree otherwise in writing.

A shorthold tenancy means that you have a guaranteed right to get your home back after six months if you need to; you can charge the 'market rate'; get rid of anyone in arrears of two months or eight weeks rent; and evict them if they are causing a nuisance to local people.

The length of a shorthold tenancy is a matter for both parties - a fixed term or open-ended.

You can end the tenancy without giving a reason at any time after six months, provided any fixed term you agreed to has ended. But you need to give your tenant at least two months written notice.

But what if the tenant won't leave? Most tenants do. You cannot evict a tenant yourself, but you can apply to the county court to get your property back.

All a bit of a headache, but unavoidable. For most people renting is a necessity.

You can lose more than £5,000 a year by keeping a home empty through loss of rent and the cost of council tax, insurance, dilapidation and security. There is also the risk of vandalism, squatting and complaints from neighbours.

And then there are the tax advantages to consider.

There are a number of tax breaks available to home owners who relocate and let out their house and either purchase another property elsewhere or rent. You effectively get a three-year window to sell your house before getting into possible capital gains tax difficulty.

Lettings relief allows you in certain circumstances to claim up to £40,000; £80,000 in the case of a married couple or civil partners. And, if you leave your home and let it, deciding you would like to buy a property in the area you are relocating to, then another opportunity opens up.

If you can persuade your bank or building society to provide further funds secured against the first property rather then the new one then all the interest paid on the second loan will be available to set against the rental income received.