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Practical Tips for Landlords Simon Turner. Topics. Selecting Tenants Contents of the Tenancy Agreement Safety Inventory / Schedule of Condition Repairs Rent Arrears/ other breaches Quiet Enjoyment. Selecting Tenants. Consider tenants referred from Housing Advice
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Practical Tips for LandlordsSimon Turner Simon Turner, Legal Services, Stafford Borough Council
Topics • Selecting Tenants • Contents of the Tenancy Agreement • Safety • Inventory / Schedule of Condition • Repairs • Rent Arrears/ other breaches • Quiet Enjoyment Simon Turner, Legal Services, Stafford Borough Council
Selecting Tenants • Consider tenants referred from Housing Advice • Watch out for “friends of friends”, “doing someone a favour” • Check identity – driving licence, passport • Ask for references • Consider credit check Simon Turner, Legal Services, Stafford Borough Council
Why bother with a tenancy agreement ? • A clearly written tenancy agreement is essential for both landlord and tenant • The agreement sets out what each party will do • The agreement sets rules for what happens when things go wrong • If you want tenants to do something – e.g mow the grass, not keep pets – put it in the agreement Simon Turner, Legal Services, Stafford Borough Council
Tenancy agreement checklist • Amount of deposit • Amount, frequency of rent • Landlords Address – s. 48 LTA 1987 • Refer to grounds for possession that may be relied on – e.g. owner occupier (1), arrears (8,10) persistent delay (11), nuisance (14) • Stop the tenant doing certain things • Ensure tenant does certain things • Define the extent of property let • Who pays water rates, Council Tax Simon Turner, Legal Services, Stafford Borough Council
Pre Tenancy • Show tenants a blank tenancy agreement • Be up front about rent, deposit, any contribution towards preparation costs of tenancy agreement • Tell them about the Landlord Accreditation Scheme Simon Turner, Legal Services, Stafford Borough Council
Safety • Gas, electric, fire safety – inspect and produce certificates on request • Smoke alarms, fire extinguishers, fire blanket – protect tenants & property • Advise tenant of means of escape • Consider safety of security bars • Keep records – this allows easy scheduling of checks, proves you have done them Simon Turner, Legal Services, Stafford Borough Council
Inventory / Schedule of Condition • Essential for furnished lets • Make an accurate and agreed list • Use photos • Refer to the list and link it to the tenancy agreement • Get the tenant to sign a copy of the inventory before you hand over the keys • Check it with the tenant before they vacate Simon Turner, Legal Services, Stafford Borough Council
Excluded Areas of the Property • Excluding certain areas of the tenancy – e.g. sheds, attics • Mention this in the tenancy agreement • Lock the access door Simon Turner, Legal Services, Stafford Borough Council
Insurance • Insure the property as appropriate • Remind tenants that they should insure their own belongings, as these won’t be covered by landlord’s insurance Simon Turner, Legal Services, Stafford Borough Council
Repairs • Landlord should keep property in a reasonable state of repair • Consider a planned maintenance programme Simon Turner, Legal Services, Stafford Borough Council
Receipts • If rent is paid weekly, provide a rent book (section 4(1) Landlord & Tenant Act 1985) • If rent is paid annually provide an annual statement, and if you want to, provide a rent book Simon Turner, Legal Services, Stafford Borough Council
Rent Arrears • Make sure you can prepare a schedule of rent arrears quickly and clearly • Write to tenant with schedule of rent arrears as soon as they miss a payment • Consider serving a notice to end the tenancy – use a section 21 if possible, otherwise use a section 8 • You don’t have to evict just because you have served a notice Simon Turner, Legal Services, Stafford Borough Council
Other Tenant Breaches • Write to the tenant to tell them what they have done wrong • Meet the tenant to discuss how they are going to put things right • Consider serving a notice to end the tenancy – use a section 21 notice if you can, otherwise use a section 8 one Simon Turner, Legal Services, Stafford Borough Council
Quiet Enjoyment • Try to respect your tenant’s privacy • If you have big plans for works, tell the tenant before they take on the tenancy • Set out in the tenancy agreement the procedure for inspections, other visits • If is a routine inspection contact the tenant to arrange a time and a date (at a reasonable time) • Give 24 hours at least (unless its an emergency) Simon Turner, Legal Services, Stafford Borough Council
Simon TurnerSolicitorLegal Services Simon Turner, Legal Services, Stafford Borough Council