
A legal expert has advised landlords to beef up their record-keeping – even detailing why they are taking particular actions - to protect themselves from claims and fines in the run up to 1st May.
The Renters’ Rights Act will trigger greater tenant rights and local authority enforcement, which means taking great care when choosing tenants and keeping detailed records, says Landlord Law’s Tessa Shepperson.
That means details of everything, she advises, such as all telephone calls, meetings, certificates, estimates and receipts for work done, as well as the reason for dealing with issues in a particular way.
“If you can’t prove something, evidentially it is the same as if it never happened,” Shepperson explains. “If you’re contacted by the Information Commissioner’s Office because of a data information breach, if you can show them records of your work on setting up your procedures, they are unlikely to fine you, as they will see that you have done your best to be compliant.”
She also advises regular property inspections - at least once every three months – and even weekly for HMOs, perhaps to oversee putting out rubbish bins, along with keeping a property diary containing every event and decision, which should be kept for as long as the tenancy lasts and for seven years afterwards.
Paper or electronic filing is fine, she adds. “Even putting things in cardboard boxes under the bed is better than nothing - so long as you know where they are and can find them quickly.”
The advice is part of Shepperson’s free online course - Landlord Law Essentials – which sets out vital information for all landlords and puts the Act in context. Sections include choosing and checking tenants, tenancy deposits and shared properties and HMOs.
“The Act is due to come into force on 1st May, but many landlords are still not ready,” she tells LandlordZONE. “It’s important that they are aware of the new rules and are compliant with them, as there is likely to be considerably more enforcement action once it is in force. The fines range from £3,000 up to £40,000 per issue, which is a lot of money.”
Landlord Law members get access to the index while non-members need to sign up after which they will get immediate access to the first part, and then email access to the subsequent parts every two days.
Tags:
Comments