FAQ - LandlordZONE - The five questions posted most recently:

My tenants left the property with damage and cleaning needed. I have told them I am retaining their deposit as the damage exceeds its value. Although they have left they say legally they have a right to access to arrange their own repairs, but I have the work nearly completed and also have a new tenant. Do they have any legal rights or is it just common sense on all parties?

Tue, 17 Nov 2009 17:06:00 GMT

First of all you should be aware that if the tenancy started after 6 April 2007 the deposit should have been protected. If you have not done that you could have problems later. There are legal penalties for not complying - see: Tenancy Deposit Protection

You tenants do not have a legal right of access to do repairs and cleaning once they have left.

In order to enforce any claim against a deposit (should it come to court action) you need good evidence of the condition of the property at start and end of tenancy. Ideally a good independent inventory with photographs, all signed and agreed by both parties. On check-out the tenant should be made aware of the defects.

You should provide your tenants with a schedule/estimates/invoices for the work done. If you do the work yourself you will not be able to claim.

In the case of a pre April 2007 tenancy where you hold the deposit, it will be up to you to justify your retention of the deposit in court if necessary. The tenants could sue you.

In the case of post April 2007 tenancies where the deposit is protected, it will be up to you to put forward your case for compensation from the deposit to the independent adjudicator. So far it is proving that only those landlord's with "cast iron" evidence are getting any degree of satisfaction from this process.

�LandlordZONE All Rights Reserved - never rely totally on these standard answers which apply primarily to England & Wales. Before taking action or not, always do your own research and/or seek professional advice with the full facts of the case and all documents to hand.

Useful Links:

Tenancy Deposits -� http://www.landlordzone.co.uk/deposits.htm�

What are the rules on gas and electrical inspections and certificates for residential lettings? Do I need both a gas and electrical certificate?

Wed, 04 Nov 2009 17:00:00 GMT

Landlords' Gas and Electrical Safety Certificates:

As a landlord, or as a letting agent acting on the landlord's behalf, you have a legal obligation to ensure that your accommodation is completely safe for your tenants.

Several laws say you must ensure that appliances are working correctly to guard against the dangers of carbon monoxide and electrocutions.

Your landlord's insurance policy may be invalid if you do not meet your legal obligations in this regard.

Gas Annual Inspections and Safety Certificates

Every rental property supplied with gas or has any sort of gas appliance, requires an annual Gas Safety Certificate. These certificates are issued only by heating engineers registered with the Gas Safe Register.

The Gas Safe Register replaced CORGI (Council for Registered Gas Installers) as the only legally recognised gas safety register in the UK on 1st April 2009. Certificates are valid for a year from the date of issue and must be in place whenever a new tenancy begins. In addition, your tenant must be given a copy of the certificate.

Landlord's Electrical Certificates

Landlords' electrical inspections and certificates are also important to ensure the safety of your tenants. They also help you to prove that you have taken the necessary steps to avoid accidents.

Although currently in the UK there is no legal requirement to have an annual electrical inspepction and certificate, landlords are strongly advised to do this and their insurers often insist on it.

All electrical inspections and certification should be done by a qualified electrician who is registered with the National Inspection Council for Electrical Installers and Contractors (NICEIC).

There are two main types of electrical inspection and certification:

The Periodic Inspection Report - Landlords are advised to have a full electrical system inspection carried out every five years to ten years maximum.

Portable Appliance Testing (PAT) - It is also a good idea to have an electrician carry out PAT testing on all electrical appliances in the accommodation every year - ideally when the gas checks are done. Portable mains powered electrical appliances should include ALL those appliances supplied with the property.

It is particularly important to check any second-hand appliances you have purchasd for your tenants. New ones should already be safe, but keep all purchase receipts so you can prove when and where purchased and the age of all appliances.

Useful Links:

If landlords accept holding deposits can they still accept higher offers?

Mon, 26 Oct 2009 19:57:00 GMT

A holding deposit (reservation deposit) is intended to reserve a letting, and the landlord/agent does this by taking the property off the market, though new enquiries should still be recorded.

All holding deposits should be evidenced by a Holding Deposit Agreement which also acts as a receipt and is signed and copied to both parties.

The Agreement makes it clear what will happen if either party backs out.

The agreement should also be "subject to contract" - see the LandlordZONE Holding Deposit Agreement below.

In other words, neither party is contractually bound to go through with the letting if they change their mind, but both are bound by the holding agreement if they back out, i.e., tenant forfeits or landlord repays the whole.

Useful Links:

Code of Pratice: http://www.tpos.co.uk/downloads/IEL02_code%20of%20practice_Lettings_FINAL.pdf

Property Ombudsman: http://www.tpos.co.uk/consumer_guide_rents.htm �

Holding Deposit Agreement: http://www.landlordzone.co.uk/agreements.htm

Holding Deposits: http://www.landlordzone.co.uk/FAQ/index.php?sid=2135315&lang=en&action=artikel&cat=2&id=99&artlang=en

Money held by the Agent - If a tenant pays 6 months' rent in advance, should this be held by the agents or passed straight to the landlord?

Wed, 14 Oct 2009 12:43:00 GMT

What you have to remember is than an agent is YOUR agent and works for you, not the other way round as some agents seem to think.

You should make a point of dealing only with agents who are members of one of the recognised professional associations and the Property Ombudsman Scheme so you know they will work to professional standards and your monies are protected by insurance should the worst happen � they go broke!

The arrangement between you should be agreed before you start such as charges and renewal fees, payments schedules etc and most professionals will have a contact which clearly sets out the terms between you.

Remember, most terms are negotiable, so drive a hard bargain from the start.

Any money they collect on your behalf is YOURS and should be paid over without delay.

Most will deduct their fee first though.

Most agents will have their own arranagements for Tenancy Deposits to comply with the Tenancy Depsoit Scheme - they will usually have an insurance scheme in place.

However, as the landlord is ultimately resopnsible to the tenant for depsoit moneies taken, it is up to you as landlord to agree with the agent how depsoits are to be dealt with.

Useful Links:

Letting Agents:� www.landlordzone.co.uk/agents.htm

Obtaining Tenant Information - I wish to trace a former tenant who left rental arrears. The agent is refusing to release the necessary information to allow me to do a trace, saying that this is not allowed under the Data Protection Act?

Wed, 30 Sep 2009 08:15:00 GMT

That is rubbish!

Your agents are YOUR agents, they work for you, you pay them.

Any information they have pertaining to your tenancy belongs to you.

If they refuse to release I suggest you inform them that you will be seeking
compensation through the courts for any losses you sustain as a result of
their non-cooperation.

In any case your should be able to obtain information from any source including banks, local authorities and utilities companies etc. where your need it in persuance of a legal action or potential legal action.

Data Protection Act: Section 35:

Part 35 Disclosures required by law or made in connection with legal proceedings

(1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary�

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

Useful Links:

Data Protection Act

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