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- Leaving Early - I signed a new tenancy agreement last month and now I find I need to leave. My landlord says I owe him all of the rent - is he correct? I intend to drop the keys through the letter box and walk away.
- Tenancy Deposit Scheme (TDS) I believe the TDS scheme commenced on 6th April 2007. How does it work and how will it affect existing tenancies?
- Joint & Several Liability - I have signed a tenancy agreement for my student house (sharing with 4 others) and the agreement contains the term "Joint and Several Liability" What does this mean?
- Assured Shorthold Tenancy Ends. What happens when my AST comes to an end ? Will I have to leave or do I need to sign a new agreement ?
- Accelerated Possession Procedure - I'm a landlord with a tenant not paying rent. The tenancy is now periodic (the fixed term ended 6 weeks ago) so can I quickly regain possession using the accelerated possession process.
- Accelerated Possession Procedure - My tenant is causing me trouble. Can I get possession quickly using the Accelerated Possession Procedure ?
- Repairs - Who is responsible for doing repairs in a residential letting. My landlord says it's my responsibility to unblock my sink?
- Earth Bonding - I called an electrician to do some work and he says he cannot do it because the earth bonding on the system is inadequate. Why is this?
- Rent Assessment Committee - What is a Rent Assessment Committee ?
- Furnished or Unfurnished - What is the legal definition of furnished and unfurnished ? I rent my house and I think my landlord has not supplied all the furniture he should.
- Furniture and Furnishings - What are the rules governing fire safety when it comes to furniture and furninshings in rental accommodation ?
- Residential Tenancies - definitions. There are some confusing terms and some important dates surrounding the many types of residential tenancy - this Q&A should help to clear-up some of the confusion.
- Section 21 Notices to Quit - Fixed Term and Periodic Tenancy Notices - Section 21(1)b and Section 21(4)a - London Association of District Judges says 7 out of 10 of these notices are being thrown out of court because they are wrong. How can I get this right?
- Dampness, Condensation and Mould - I have noticed black patches on the wall paper. I also have mould on my clothes in the wardrobe and a damp musty smell. A damp specialist tells me there's definitely damp. What should I do to get my landlord to do something about this?
- Section 21 Notices - How do I correctly serve a Section 21 Notice on my Assured Shorthold Tenant if I require possession of my property?
- I'm recieving mail for previous tenants and some of them are from debt collectors. Will this get my property black listed and cause problems for my current tenants and myself in the future?
- Local Housing Allowance (LHA) – what is it and how is this different from Housing Benefit?
- Ending Tenancy: As a landlord with a good existing tennant, I need to sell the property. Could you please advise me on how I should deal with this. There's 11 months left on the Tenancy Agreement.
- Gas Checks and Gas Safety Certificate. Is it necessary to have a gas check done and a certificate issued on a brand new property?
- Ending My Contract: My assured shorthold tenancy for 6 months ended 2 months ago. My landlord failed to renew my contract, so can I now just leave?
- Squatters - my property has been unoccupied for only a short time and I have discovered that squatters have moved in. What can I do?
- Home Information Packs - Do HIPS apply to Letting?
- Tenant Black Lists. I've had a very bad experience with a tenant and would like to put him on a black list so that other landlords don't have the same experience that I've had. How do I go about this?
- I am about to let my house for £30,000 pa, I understand that this has to be a bare contractual tenancy. Could someone tell me in what respects this differs from a standard AST. Would it give the tenant any extra rights?
- I let my property on an Assured Shorthold Tenancy (AST) for six months. It expires this month but my tenants are happy to stay. Do I need to issue them with a new contract?
- Expiry of Section 8 Notice - I have served a section 8 (s8) Notice on my tenant but don't wish to start proceedings immediately. Can I wait without the notice expiring?
- Holding Deposit - when taking a holding deposit from a prospective tenant, do I charge them an admin fee on top for the cost of credit searches, reference checking etc., or should the landlord find this fee themselves?
- Expiry of Section 21 Notice - I have served a Section 21 (s21) Notice on my tenant but don't wish to start proceedings immediately. Can I wait without the notice expiring?
- Tenant Changed Locks - My tenant is 3 months into an assured shorthold tenancy. I requested access to the flat to do an inspection but my tenant has refused point blank. I now find he has also changed the locks. Can he do this? What can I do about it?
- Inventory - I understand that with the deposit schemes (DPS) an inventory is now very important. I am considering doing my own inventory but someone has told me that the inventory must be done by a professional independent inventory clerk. Is this the case?
- Name and address of the landlord for service of notices - Section 47 & 48 Landlord and Tenant Act 1987 - What is the significance of this?
- Renewal Fee - 12 month agreement, one tenant leaves after six months. Arranged for friend to take her place. Agent now wants to charge a finder's fee and set-up a new contract-payment roughly equal to one month's rent. Is this normal and acceptable?
- Is it a legal requirement to have an electrical safety certificate for renting property? If so, who is responsible for it, landlord or agent, even if agent is not managing the property?
- Polystyrene Ceiling Tiles - is it legal to have these tiles in the kitchen of a rental property?
- Smoke Alarms in Residential Lettings - is it a legal requirement to provide smoke alarms in my rental property?
- Supply of address to tenant - am I right in saying that if a landlord does not provide an address to his tenant then rent is not legally due?
- What risks am I taking as a landlord regarding public liability and injury claims from my tenants and visitors to the property?
- I signed up a new tenant with a good professional job and excellent references. We completed all the formalities including a detailed inventory. He paid a month's rent and deposit and took over, placing belongings in the property but he has not taken up residence. After a while he telephoned to say he did not want it and had pushed the keys through the letter box. What should I do?
- Deposits - My tenant has badly scratched a stainless steel hob although it is still in working order - how much deposit can I retain?
- My daughter is off to university and we have bought her a student house, which she and her friends will share. Can her friends be classed as lodgers even though she pays rent to us?
- I am a joint tenant with my friend who is leaving at the end of our 6-month fixed-term. I would like to stay on for a few months because I have another friend coming to stay with me, but my landlord is refusing, saying I must leave at the end of the term or sign a new 6 month agreement and pay the full rent. What rights do I have?
- I have heard that an action against joint tenants is limited to the first four listed on the tenancy agreement. Is this correct - does not seem to square with joint and several liability?
- Is there any limit to the number of rooms I can rent out to lodgers, and are there any planning implications ?
- Subletting - my Assured Shorthold Tenant has sub-let my residential property to another tenant. How do I deal with this
- Increasing the rent - how can I increase the rent for my tenant who is on an Assured Shorthold Tenancy? Can I raise the rent and if so, how often?
- What is the difference with Assured Shorthold Tenancies between a fixed-term, a statutory periodic and a contractual periodic tenancy?
- Access for Repairs – I have a tenant who will not allow workmen access to the property for repairs. I have notified the tenant by telephone and in writing giving at least 48 hours notice, but the engineer attends to find there’s no access. This is costing me money in call-out charges. What can I do?
- Holding Deposit - my agent lost us a prospective tenant through false claims about the property and is now refusing to repay the holding deposit he took.
- 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?
- 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?
- If landlords accept holding deposits can they still accept higher offers?
- What are the rules on gas and electrical inspections and certificates for residential lettings? Do I need both a gas and electrical certificate?
- 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?
- Serving Section 21 Notices - difference between fixed term and periodic notices
- What are the implications of renting to someone who is under the age of 18? We have an application from a 17-year old that is keen to rent but I’m not sure this would be legal?
- Written Evidence and Documentation - My tenant entered the property last month and she promised to sign the agreement later. Despite several attempts, I have still not got her to sign 3 weeks later. What can I do?
- Tenancy Deposit - I have a tenant who has been in residence since August 2008. She tells me that I have not fulfilled my legal obligations by putting her deposit in one of the schemes, and informing her of this, and that she could be due compensation from me of three times the deposit amount. This seems to be the case, what can I do?
- Subletting - My Assured Shorthold Tenant has sub-let my residential property to another tenant. How do I deal with this?
- Squatters - my property has been unoccupied for only a short time and I have discovered that squatters have moved in. What can I do?
- Section 8 or 21 - My tenant has not paid me any rent for 7 weeks and I’m considering taking him to court. Should I use section 8 or section 21?
- Pets in Property - My tenant is asking me can she get a pet cat or dog. If I allowed a pet will my landlord’s insurance cover the risks? Would it be best to also increase the deposit? Would it be possible to increase the rent due to the pet?
- Non-Residence - I signed up a new tenant and we completed all the formalities. He paid a month's rent and deposit and took over bit did not take up residence. After a while he telephoned to say he did not want it and pushed the keys through the letter box. What should I do?
- Data Protection - I have a tenant that has absconded owing a considerable amount of money in rent arrears. I intend to trace the tenant and pursue the debt through the courts. But my letting agent is refusing to release the information I need, which is included on the tenancy application form and the credit check, on the grounds that it will breach the Data Protection Act. What should I do?
- License or Lease - I understand that if I let on a license my tenant has fewer rights under the law. Can I simply call my agreement a license instead of a tenancy agreement?
- Serving Notice for Possession - My 6-month Assured Shorthold tenant has been giving me problems and I’ve decided to go for possession but I think my tenant may resist. How do I go about serving notice and regaining possession if my tenant refuses to leave?
- Uninhabitable Premises - My tenanted property has suffered water damage due to flooding. My tenants will have to move out, at least for a period of time for repairs to be undertaken. How do I deal with this situation to be fair to my tenants and myself?
- Landlord's Address - My tenant is telling me – through my agent – that he has a right to my name and address – otherwise, he claims, he is legally entitled to withhold rent. Can this be right? Surely, if I employ and agent or solicitor to manage my property I have a right to remain annonymous?
- Furnished or Unfurnished? - What is the legal definition? My tenant claims I have not provided what I should have done.
- Common Law Tenancies - I’m letting a 6-bedroom property to a family for 6-months and the rent is £2,500 per month. I’ve been told that if the rent is more than £25,000 per year then the tenancy will not be an Assured Shorthold Tenancy (AST). Does this apply in my case?
- Access for Repairs – I have a tenant who will not allow workmen access to the property for repairs. I have notified the tenant by telephone and in writing giving at least 48 hours notice, but the engineer attends to find there’s no access. This is costing me money in call-out charges. What can I do?
- Accelerated Possession Procedure - My tenant is causing me trouble. Can I get possession quickly using the Accelerated Possession Procedure?
- Tenant Abandonment - My tenant has abandoned the property, or at least it appears to be the case, since there’s been no sign of him for 3 weeks now. He owes me 2 months’ rent but he has left all his possessions in the property. What can I do?
- Renege on Contract - My agent found us tenants for my property and we (landlord and tenants) signed up a tenancy agreement in May for the tenancy to commence in August. However, the tenants have now come back to us before that tenancy commences saying they no longer want it. How do we stand legally?
- Terminating Agency Contract - Can you tell me how to terminate my contract with my letting agent? The contract has been running for 5 years, but I am now unable to afford the 15% commission I am being charged. There was nothing in writing.
- Tenant Redecoration - My tenant wants the wood cupboards in the kitchen painted white. She is prepared to do it herself or get in a painter she knows. I am not sure how to respond to this request. She is a good tenant and I do not want to seem unreasonable. She wants to use emulsion paint, however I do not think this is suitable. I should be glad of any opinions on this subject.
- Providing a Reference - I have been asked to provide a reference for one of my tenants who is moving on. What is my legal position in this and am I putting myself at risk if I say he was a bad tenant?
- Overcrowding - I have been asked to accommodate a family of 4 in my 2-bed apartment, but I’m not sure if this would be legal? The two children, a boy aged 8 and a girl aged 7 would have to share a bedroom.
- Misrepresentation - We recently rented out our rural cottage to a couple. As they wanted to use their computers I said it was possible to get high-speed broad-band. I thought this would be possible but it seems it is not at this time. The couple are now claiming that I misled them and that they either want to leave or for me to compensate them in some way. Surely they cannot break their tenancy agreement?
- Long Term AST - My prospective tenant has asked for a tenancy term of 6 years. Can I use the usual Assured Shorthold Tenancy agreement for this?
- Lodger Eviction - I recently gave notice to my lodger in writing. I have asked him when he is leaving so that I can collect his keys and we can check his room together. Despite this he is clearly avoiding me. His room is locked and still full and he's away at the moment. If he doesn't leave on his return what rights do I have to change locks and remove his belongings? Having lived with him for some time I know there could be trouble so please help.
- Deposits – My agent holds my tenant’s deposit through one of the insurance protection schemes. I would prefer this to be held in the Custodial Scheme but my agent refuses this citing our agreement terms and conditions. Is there anything I can do?
- Illegal File Sharing - I have received a solicitor’s letter threatening legal action over illegal file sharing on an internet service I have been providing for my tenants. It seems this has occurred some months ago and as I have a high turnover of tenants in my multi-occupied property I would find it difficult to identify the culprit or trace them if they have left. What can I do?
- Letting Agent Contract - Can you tell me how to terminate my contract with my letting agent? The contract has been running for 5 years, but I am now unable to afford the 15% commission I am being charged. There was nothing in writing.
- Tenant Debt – My tenant has left owing me £3500. I want to know, is it worth pursuing this as I don’t have a forwarding address?
- Credit Checks Address - I have used a credit reference agency to do a check on my prospective tenant and from what I can see the tenant looks entirely suitable. However, the agency have advised caution and not given their full approval stating that the tenant is not listed on the electoral role and cannot be located at one of the previous addresses given. What should I do?
- AST over 25k - My tenant signed an AST which ends on the 15th of September, though I am now told this is not an Assured Shorthold Tenancy, as the rent is over £25,000. The rent is now 2 months’ in arrears and the tenant says he is not leaving but will hold-over for 3 weeks. Where do I stand and what about the deposit?
- Access for Showing - I have a beautiful apartment which will become available for rent soon. The current tenants keep the apartment like a pig-sty in breach of the tenancy agreement so I am unable to show prospective new tenants over it - you can hardly get in the door for rubbish. May I withhold the deposit at the end of the tenancy as I am going to lose one month's rent? Many thanks for your help.
- Water Damage - My tenant has caused a water leak in my flat which has done damage to the ceiling and the tenant’s possessions in the flat below. She is at fault as she opened the washing machine door before it finished its cycle. The managing agent does not want to help; should I claim off her?
- Debt Letters – My tenants are complaining that a lot of debt collector’s letters are arriving at the premises from a previous tenant. They are worried that this may affect their own credit records. What can I tell them?
- Succession Rights – I am considering buying a flat with a senior sitting (Regulated) tenant. I have been told that if the tenant were to get married again she would have a right to succeed his tenancy – is this correct?
- Sub-letting Leasehold - I want to rent out my leasehold flat but the managing agent says the freeholder won’t allow it. I know that other flats in the block are rented out, so what can I do?
- Short Lets - I want to let out my flat for 3 months whilst I’m away from home for a short time. How can I be sure that I can get my home back when I return? I’ve been told that I cannot get it back in less than 6 months?
- Section 21 Notice - My tenancy ends in one month’s time. I served notice on my tenant by letter over two months ago. The tenant is now saying that he won’t leave as my notice is invalid because it is a letter and not a specified form. What can I do?
- Riot Insurance – given all the recent trouble and as I have properties in affected areas I’m worried about being able to recover the cost of any damage. What is the situation with riot damage insurance claims for landlord’s premises?
- Renting a Leasehold Flat - I want to rent out my leasehold flat but the managing agent says the freeholder won’t allow it. I know that other flats in the block are rented out, so what can I do?
- Private Sector Leasing – Someone has told me that I can let my house to the local authority which will save me a lot of trouble renting it out myself. Is this correct and if so what are the pros and cons of doing this?
- Neighbour Nuisance – My tenants live in a first floor flat with their two children. All went well until 3 young men moved into the flat below owned by another landlord. It seems they are heavy smokers and play loud music late into the night. My tenants are now complaining that their flat reeks of tobacco fumes and their sleep is being disturbed. What can I do?
- Lodger vs Tenant - I would like to know the difference in protection to ones’ property if one is letting out to someone as a lodger versus a tenant. As a landlord do I receive the same level of protection to my primary home if I let out the basement to someone as a lodger versus as a tenant?
- Lease Extension – I bought my flat 18 months ago and it is now rented out to my tenants. When I bought the Flat it had 73 years remaining on the lease but I have been told I should extend it as otherwise I might have a problem when I come to sell.
- Electrical Checks - A friend has told me that I must have the electrics PAT tested before I can rent out my property. Is this the case?
- Names on Agreement - Should I have the Assured Shorthold Tenancy agreement in one or both of my tenant’s names? They are a married couple and have asked for it to be put in her name only. They also have a child aged 14.
- Data Protection – As a landlord doing my own lettings I’m conscious of the fact that I handle and keep some pretty sensitive information about my tenants. How do I stand legally regarding the Data Protection legislation?
- Gas Boiler Safety - We rent out a one bed apartment in a block where the combination boiler is in an alcove in the bedroom. The boiler is behind a cupboard door in the alcove and the flue vents to an outside wall. The engineer has told me that there is no need to have a carbon monoxide (CO) detector as these boilers are sealed systems. Is this right?
- Agents – My agent tells me that I’m not allowed to see the results of the credit checks and references he did on my tenant. Is this right? I suspect he may not have done these as my tenant has turned out to be the tenant from hell!
- Access to Information – I’m being told by the local authority and by utilities suppliers that the Data Protection Act prevents them supplying me with any information about my tenants. Are they right or is this just an excuse?
- Abandoned Possessions - My tenants have vacated the property and have left behind quite a few possessions. Some of these items appear quite valuable, so I would hesitate to dispose of them as rubbish. How do I deal with this situation?
- Letting with Pets – I instructed my letting agent to let my home whilst I’m working away. I specifically said no pets as I have expensive carpets and furniture but I now find the agent has let my house to a couple with two cats and a dog. What can I do?
- Bankrupt Tenant – it seems my tenant will be declared bankrupt very soon. He is self employed and his business is in trouble. He says he will still be able to pay my rent, even though he is 3 months’ in arrears and has 6 months left on a 12 month tenancy. I’ve been told that I can’t insist on this as he will be protected and I won’t be able to evict either. Is this right?
- Does a tenant need to give the landlord notice in writing before he leaves an assured shorthold tenancy (AST) which has become periodic? Would there be any difference if the tenancy was still in a fixed term?
Tags
Sticky FAQs
Residential
ID #1085
What risks am I taking as a landlord regarding public liability and injury claims from my tenants and visitors to the property?
Since the advent of no-win, no-fee legal practises there's been a whole industry created around personal injury claims against employers and property owners, landlords included.
Landlords must make sure that their premises and the equipment they supply in them are in a safe condition - you should ensure that you supply copies of all operating and safety instructions to tenants when they take up residence and you should carry out your own risk assessments between each tenancy.
You should also ensure that annual gas checks and regular electrical system inspects are carried out.
Inspection certificates and risk assessments provide excellent evidence that you have fulfilled your duty of care as a landlord, should there be an injury claim against you.
Having done that, the onus is on your tenants to tell you as landlord immediately if the premises become dangerous in any way.
If you do not make safe a defect that has been reported to you, or one you should know about, you may be sued for compensation if anyone suffers personal injury as a result of the defect.
Examples of accidents which can result in claims might include:
- falling on or over defective flooring and carpets, particulalry stair carpets,
- loose or broken hand rails,
- scalds from defective plumbing,
- electrocution from unsafe appliances and wiring
- injuries by sharp objects or dangerous fixtures and fittings.
- glass doors have not had safety-glass fitted
- areas that have not been constructed, maintained, repaired to correct safety standards
- iupboards have fallen off the wall
- areas that have not been constructed, maintained, repaired to correct safety standards
- iupboards have fallen off the wall
- ieaking pipes or roofs and falling ceilings
- illness or diseases cause by damp, condensation, and carbon monoxide poisoning.
- illness or diseases cause by damp, condensation, and carbon monoxide poisoning.
- any other type of hazard
It is very important that as a landlord you carry the correct public liability insurance. You should check with your insurers that this is the case with your landlord's policy - remember, ordinary household insurance policies are not suitable for tenant properties.
©LandlordZONEâ All Rights Reserved - never rely totally on these standard answers. 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.
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Related entries:
- Joint & Several Liability - I have signed a tenancy agreement for my student house (sharing with 4 others) and the agreement contains the term "Joint and Several Liability" What does this mean?
- Squatter's Rights - Someone has occupied my property for some time without my permission. Can they claim good title through Squatter's Rights (adverse possession) ?
- Leaving Early - I signed a new tenancy agreement last month and now I find I need to leave. My landlord says I owe him all of the rent - is he correct? I intend to drop the keys through the letter box and walk away.
- Foreiting of Lease by peacable re-entry. My commercial tenant lives above the shop and has not paid his rent. Can I forfeit the lease?
- Re-development Ground - Section 25 Notice. My landlord has served notice citing the re-development ground as the reason for ending my commercial tenancy, what should I do?
Last update: 2009-02-08 13:28
Author: LandlordZONE
Revision: 1.1
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