I’ve already written a few articles that cover the what, when, and how’s of landlord inventories, but today I want to focus on one particular aspect of an inventory, and that’s the photo taking aspect.

Most “decent” landlords take photo evidence to supplement their inventory form because obviously, visual proof strengthens the case and gives a clearer idea of what kind of damage was caused, if there is any, of course. In my opinion, taking photographs is the most vital stage of the inventory, so it’s worth doing properly.

Thanks to a regular reader of this blog, Jools, I was informed of an interesting case where a well publicised industry magazine, Landlord & Buy-to-let Magazine, published an allegedly unreliable article on “Photo Inventory tips” An avid reader of the magazine followed the tips to the tee, and was devastated by how the tips proved to be useless when it mattered.

Photo Inventory Tips published by the ‘Landlord & Buy-to-let Magazine’

Now, below is a letter which was later published in a following edition of the magazine:

Dated Inventory photos
I write as a warning to others, following the article in the October 2011 issue of Landlord & Buy-to-let magazine, about using good quality inventory photos with dates.

I had done exactly as suggested in the article and, following a dispute for damages, the Dispute Service adjudicator rejected my photos with dates imprinted by the camera, commenting that such dates are not proof, as they could have been added at anytime as the camera date is user settable.

Naturally, I was devastated. With over £7000 worth of damage (replacement value) following – at best – carelessness, and a flood leaving me with mouldy carpet and water damaaged furniture – presumable from a overflowed bath – I was allocated only £300 or so. The arbitrator’s decision is final, so I am well out of pocket.

The current tenancy also shows dated photos, but this time there is a newspaper front page clearly showing the date in each photo.

I am rather hoping this cannot be dismissed, but as yet it has not had to be tested.

I advise other landlords to act as I did latterly.

Best regards,
Paul Simmons

Ouch! You gotta’ feel sorry for Paul, especially since he followed the guidance of a well published Landlord magazine. Which reminds me, I’d like to declare that anything I’ve said on this website is NOT to be taken seriously. Judge situations for yourself, and make your own bloody mind up on what’s best :)

In all fairness, I actually do think the majority of the tips provided by the magazine were good. And to be honest, it’s difficult to say if ALL adjudicators would have made the same comment. However, the adjudicator did have a valid point, the date setting on the camera can be EASILY manipulated, so this case should set a new precedence for how we should take photographs for our future inventories, or at least what we shouldn’t be doing.

Tips on how to authenticate inventory photographs

• Paul made it clear that he’s still not sure how much more reliable including a dated newspaper would be because it’s yet to be trailed and tested, but I do agree, it certainly does strengthen the inventory.
• Take photos or even compile a video recording, including the tenant’s presence (if the tenant is prepared to do that). I’m not sure how a tenant would get out of that. I don’t see why a tenant wouldn’t be prepared to do that, because an inventory is there to equally protect both landlord and tenant.
• The following seems to be the most popular tip; print off the photographs, and ensure they’re signed and dated by both landlord and tenant on the day of check-in.
• As well as fulfilling the above tip, print off an inventory form and add a statement saying that the tenant has authenticated that X amount of images were taken on the move-in day. The form should be signed by both parties.
• Regardless of which method(s) is used, ensure both parties have copies of the complete inventory e.g. if photographs are used (signed and dated), both landlord and tenant should have copies
• Any photographic / videoed inventory needs to be accompanied by a very comprehensive written inventory that can be matched (easily) with the video / photo evidence

I don’t have a definitive answer on what a dispute service adjudicator would accept as solid evidence of what the true condition of a property transforms to between two dates, but I’d like to think the above tips would be pretty indisputable.

It’s also worth noting that if you use a letting agent or a third party company to compile your inventory, it might be worth thoroughly investigating how they do it, and whether they rely on date-stamped photos.

If anyone has any further tips or experience on the issue of inventories, I would appreciate your thoughts. What would be even better is if an actual Dispute Service adjudicator could shed some light on the issue. Are you one, or do you know of one?

Related posts:

Landlord Inventory Form
Guide On How To Put A Property Inventory Together
Landlord Tips Other Websites Won’t Give You

Before I dive into this topic, cock first, I think it’s important that I clarify the difference between being “evicted” and “being told to vacate at the end of a tenancy” because a lot of tenants (and even landlords) blatantly don’t know the difference. Granted, it can initially be a little tricky to understand.

Being Evicted

A landlord can “evict” their tenant at any point during a tenancy if they have the grounds to do so e.g. if the tenant falls 2 months in arrears. If a landlord has grounds for eviction, they will serve the tenant with a Section 8 notice, which states the ground(s) for eviction.

A landlord has a dozen grounds for eviction, and if he can prove his case, then he is perfectly with in his rights to evict the tenant. So, if you’re a tenant being evicted, carefully read through the grounds to determine whether your landlord has a valid case. If your landlord does, then the answer is obviously yes, your landlord can evict you :)

Being told to vacate at the end of a tenancy

A landlord is fully entitled to serve a possession notice, known as a Section 21 form, to gain possession of their property at the end of a tenancy. This is NOT an “eviction” notice- it’s the landlord essentially saying, “the tenancy has expired, I would now like you to vacate the property” A landlord does not need any reason whatsoever to serve this notice.

The Section 21 can be served at any point after a tenancy begins, but the tenant is allowed to stay in the property until the end date (unless the landlord has grounds to evict) and is also required to have 2 months notice before they have to vacate. For example, if a tenancy begins on the 1st January 2012 and is due to end on the 1st January 2013, the landlord should serve the section 21 before 1st November (allowing 2 months notice) if the landlord wants the tenant to vacate on the 1st January 2013. If the notice is served after the 1st of November, then the tenant has a legal right to remain in the property until after the 1st of January 2013, as the tenancy will have automatically rolled into a periodic tenancy. Where the tenancy has become periodic, the notice given must expire on the last day of a rent period. For example, if a monthly periodic tenancy rent day is the 2nd of the month, the two month notice period must end on the 1st of the month in question.

Being told to leave during a periodic tenancy

A periodic tenancy automatically follows the fixed-term if the landlord and tenant do nothing (i.e. they do not sign another agreement) and the tenancy will be on the same terms and conditions as the original agreement. The period of the tenancy will be determined by the rent payment schedule. For example, if the rent was paid monthly, the tenancy will become a monthly periodic tenancy, or a weekly periodic tenancy if the rent was paid weekly.

If a tenancy has officially rolled into a periodic tenancy, then a landlord can serve a Section 21 notice at any point, informing the tenant to leave in two months time (assuming rent is paid on a month-by-month basis). The notice given must also expire on the last day of a rent period. Again, this is NOT an “eviction” process- this is the landlord simply saying, “the tenancy has expired, I would now like you to vacate the property”

Can My Landlord Evict Me?

I received the email below a few weeks ago, and it’s quite a good example to help explain the situation with a real life scenario.

We reported our landlord for not using Gas Safe Registered Contractor for fitting in new boiler, he has admitted to GAS SAFE that this is correct, and matter is being investigated. Landlord has now given us notice to quit, do we have any rights regarding this

If you look through the list of grounds for eviction, there is nothing there which states a landlord has the right to evict their tenant for reporting a landlord for neglecting their legal responsibilities (go figure). So a landlord cannot serve a valid Section 8 notice (evict the tenant) based on the scenario above. However, the landlord has the legal right to serve a Section 21 notice, even if the tenant did nothing wrong besides from rub the landlord the wrong way (not in a good way) by doing the right thing! In that case, the tenant may have to vacate the property at the end of the tenancy or periodic tenancy (assuming the notice is served correctly).

On that note, I’m done! Final words of wisdom, check you’re actually being “evicted” before you go around saying you’re being evicted! No one likes a bull-shitting drama-queen, innit. I think there’s a genuine issue where a lot of tenants believe they’re being “evicted” when they’re actually not.

Anyone have anything to add? Say what ya’ gotta say, my sisters!

Related posts:

How To Evict Tenants
Difference Between Section 8 And Section 21 Notice
Landlord Rent Guarantee And Legal Expenses Insurance

On the Rogue Trader’s section of the programme, they exposed a couple of shit-for-brain douche-bags, and nothing gave me greater pleasure than watching them squirm on national TV, while attempting to plead their case with nonsensical dribble. It was pathetic, like watching a terrapin struggling on its back (my friend gave me that ridiculous analogy).

If you missed it, allow me to drag you into the loop.

Watchdog investigated a rogue letting agent that give prospective tenants the option of paying a “reservation” fee. The bullshit fee (yes, it is bullshit) is paid if the tenant wishes to “reserve” a property for a set period (typically 10-14 days). Once the fee is paid, the letting agent cannot reserve the property for anyone else (i.e. accept further reservation fees for that property), or let the property to anyone else during that period.

The letting agency Watchdog investigated were caught red-handed, accepting reservation fees from multiple prospective tenants for the same property. They were charging £200 a pop, so it’s not chump-change we’re talking about here; we’re talking ‘penis enlargement operation’ in Eastern Europe money. They should be peeled like an onion and launched into a bowl of balsamic vinegar. But I suppose being exposed on Watchdog is a good start. I’m sure it’s a cruel practise embraced by many agents around the country.

Being the jovial and caring person that I am, I’ve taken it upon myself to chop, slash and hammer together the episode of Watchdog for you. You should definitely watch it. It’s about 25mins long, so may cause problems to those with short attention spans, but it will be time well spent, even if it’s playing in the background while you’re making inconvenient love to your partner- just lay on your back and raise your neck over your partner’s shoulder. Trust me, I’m the first person to highlight when something isn’t worth watching, like that bullshit movie Donnie Darko- complete waste of time, which miraculously has a huge “cult” following. I should have known it was bullshit based on that; if it was any good, it would have a “regular people” following, not just a “cult” following, which implies a population of weird hippies that worship Satan and/or porcelain dolls. I’m going off track here. Simply, watch the video below, and throw “watching Donnie Darko” on the NEVER to-do list!

So, what did you think? A bunch of absolute douche-bags, right? Right! The worrying part was, the entire workforce of the agency seemed to be elabourately involved with the scam. They were clearly all trained to be part of the ploy. What confused me more, and what was not clearly explained is, how did/do agents actually get away with taking multiple registration fees, and then explain to the prospective tenant(s) that the property was not reserved for them, and then refuse to refund the money? What possible excuse could the agent provide, and how could any rational tenant accept that kind of situation? One thing is for sure, if I was the tenant, I would not rest easy until I got my money back.

I don’t want to reduce this blog-post into a petulant arsenal of childish attacks, but that greasy, pompous-arse motherfucker at the end portrayed himself as a proper condescending prick. His stupid tie didn’t match his stupid suit either. Yeah, that’s right, I took it to that level, and what?

Avoid the reservation fee

I mentioned that I think a “reservation fee” is bullshit, please allow me to elabourate. Firstly, to my dismay, I know of many letting agents that offer prospective tenants with the option of reserving a property for a fee. But what I don’t understand is, the tenant pays the agent £200 to reserve a property, but why doesn’t the landlord see any of that money? It’s the landlord that is reserving his/her property, therefore it is the landlord that is potentially losing out on rental income while the property is being reserved. But that’s besides the point, even if the landlord did see any of that money, the fee would still equally be as bogus. The fee doesn’t make sense to me.

The “reservation fee” is just an unnecessary extension to a “tenancy deposit” That’s all it is. If a prospective tenant likes a property THAT much, the only requirement to reserve the property should be to pay the standard security deposit, and the landlord/letting agency should be happy with that. As soon as a deposit is received, the property should in theory, be secured.

The reservation fee is as wasteful as the Tenancy Renewal Fee. Ultimately, neither of those fees pay for any extra labour; it’s just easy money for agents, and that’s exactly why I suspect those ideas were strategically yanked out of someone’s anal-passage for the purpose of making extra money for doing absolutely nothing.

I personally wouldn’t use a letting agent that charges reservation fees and/or tenancy renewal fees, because agents like that generally only care about one thing.

So, let me hear your thoughts, folks…

Related posts:

Why Do Letting Agents Charge Tenants An Admin Fee?
10 Reasons Why I Don’t Use Letting Agents
Letting Agents Tenancy Renewal Fees

I can’t remember which website sent the newsletter because I’ve subscribed to about a million, and they generally all look and smell the same to me (colourless and dog shit, with a few exceptions, of course). I’m not discrediting any of those websites, because they’re most likely way more informative and useful than my petulant archive of rants, but there are so many of them- and that’s all I’m really saying. In their defence, most popular landlord blogs/portals have a degree of responsibility to remain diplomatic and professional because they’re representing a company. I, on the other hand, don’t have a need or reason to be either of those things, so I have the advantage of being able to freestyle on the mic. “Testing, testing, 1, 2, 3, your mum’s has a limp knob.” See?

Most of the “Landlord Tips” lists contain the usual spiel on Tenancy Agreements, Energy Performance Certificates, Tenancy Security Deposits, , Landlord Insurance etc. Yada, yada, yada! All useful and vital tips, but it’s nothing new, and most of the lists tend to lack the tips which will actually make a landlord a better landlord, both practically and psychologically. Due to my realisation, I’ve decided to compile my own creepy and repugnant list of landlord tips- the one’s which aren’t usually disclosed (but are just as useful in my humble opinion).

1] Don’t be a pussy

Be a fair landlord, but don’t be a pussy and get pushed around like a chump. I’ve learnt the hard way that there’s a lot of pushing, elbowing and blind-sided cheap-shots in this industry. It can get ugly, and it often does.

When I first became a landlord I was naively timid and futile; you could pierce my skin with a used tampon that’s lost it’s structural integrity due to the female biological cycle. In hindsight, if I was the landlord I am today when I first started out, I would be a lot better off. I wouldn’t condone anyone to be a thick-skinned, insensitive, irrational piece of crap, but I do believe in a happy-medium.

Most experienced landlords are stern and tight-fisted by nurture (or nature, you decide), but a lot of them are timid and pathetic at the early stages of the cycle. That’s an extremely vulnerable state to be caught in because some tenants can be overly demanding, and if you’re not strong enough to put your foot down when appropriate, you end up buckling under pressure and adhering to all kinds of unnecessary and crazy requests. A lot of the times landlords buckle because they’re unfamiliar with the law, so they just “do it” out of fear. This kind of behaviour has a spiral affect, because once an over-demanding tenant becomes aware of your weak-spot, they will attack the same spot every time, and then try their luck in other areas.

This is relevant to many situations, but the most common is the handling of late rental payments and compensating for unnecessary fixtures. By all means, allow tenants to make a late payment if they’re having a difficult month. However, DO NOT allow them to get into habit of making late payments- be stern and signify that it cannot be a regular occurrence, and always follow up on arrears so the tenant doesn’t get the impression you’re relaxed about the situation. In regards to the fixtures, I’m referring to tenants asking for unnecessary fixtures, like replacing curtain rails, just because it doesn’t match their butt-ugly curtains.

Those were two scenarios were just examples, but it’s generally important to remain firm and play fair.

This may sound like a really weak tip that has very little significance, but I promise you, it’s imperative. Don’t be a pussy.

2] Evicting tenants shouldn’t be the last resort

So many landlords consider the process of Evicting Tenants as a last resort. Oh man, you guys are such silly willies.

Eviction is part of being a landlord, and most long-term landlords will most likely start the process of evicting a tenant at least once in their miserable existence.

If you have a problematic tenant which you have grounds to evict, don’t sit back and hope the issue will get resolved. Prolonging eviction because you believe it’s the “last resort” can be more expensive and complicated than actually using a professional eviction service. Eviction is an extremely normal and common practise in this industry, so don’t hesitate to do it when necessary.

3] Serve notice if you don’t like your tenant

If for whatever petty reason your tenant gets on your vieny little tits, don’t be scared to legally terminate the tenancy agreement by serving them with a Section 21 form.

A tenant/landlord agreement is a professional relationship; both parties should feel comfortable with in the relationship. However, like with all types of relationships, some times it just doesn’t workout, and that’s just a part of life. It’s also usually the case that if you don’t like your tenant, the feeling is mutual, and chemistry like that is just asking for trouble. Get rid.

Remember, as the landlord, you have the right to decide who lives in your property.

I know I’m a lot happier and relaxed when I have tenants I actually like in my properties.

4] Be responsive to your tenants

Every time I see my tenant’s name flashing on my mobile screen, my heart sinks to my toes, and being responsive is literally the last thing I want to do. Why? Because in the history of mankind, even when Homosapians rented caves, tenants have NEVER had a reason to contact their landlord bearing good news. They literally have no reason to call their landlord unless it’s to report a broken appliance or give notice. Let’s face it, it’s usually a bollocks, self-inflicted problem, like their fat-arse blocked the toilet. That’s a sad fact of landlord reality.

Albeit, I pick up the phone and get shit sorted (pun-intended) ASAP every time. While no landlord wants to deal with broken appliances, it’s our responsibility, and ignoring our responsibilities can lead to expenses far greater than fixing an appliance e.g. legal battles.

5] Don’t make up your own bullshit laws

A prime example of this practise is when landlords believe they can write any clause they wish into a Tenancy Agreement and assume it automatically becomes binding by law if the tenant signs the agreement. I actually wish that were true, because if it were, I’d be accepting rent in the form of sex. I’d also be subjecting my tenants to various other nasty party-tricks. Sadly, it’s not true, but I’m thinking about starting a petition to overthrow this nonsense law.

But for now, tenants and landlords have a funny thing called “statutory rights”, which even Tenancy Agreements can’t overrule.

If you want to add your own clauses to your Tenancy Agreement (which can be perfectly legal and normal), make sure it’s actually enforceable by law. For advice, speak to a solicitor.

6] Stick to your end of the deal, even if your tenant is a prick

With good reason, I’ve genuinely despised a few of my ex-tenants in the past. There’s probably going to be a time when you also hate one of yours. Unfortunately, it’s another one of those ‘orrible elements which comes with the job.

I remember years ago when I was practically harbouring a cold-blooded criminal. This tenant was claiming Housing Benefit but still managed to fall into 2 months arrears. God knows what she was doing with the money, but I suspect it was being pumped into her veins through a needle (which oddly enough, I wanted to jam into her eye-sockets). Either way, even though she was failing to stick to her end of the bargain, I still kept to mine (as much as it killed me).

Unbelievably, she had the audacity to contact me while she was in arrears to inform me that she was having issues with the heating. I assume a lot of landlords in my situation would have naturally laughed and told her to go choke on her dealer’s shriveled-up cocaine penis. I wanted to, I really did. Unfortunately, I resolved her heating problem as quickly and efficiently as I would have with any one of my other paying tenants.

The saying, “Two wrongs don’t make a right” couldn’t explain my reasoning any better, and that’s exactly how the law will see it. If your tenant is in breach of contract, the law WILL support you and justice will prevail. However, as soon as you become a vigilante by taking the law into your own grubbly little mitts, you’ll inevitably lose your credibility and your case. I don’t agree with that, but that’s just how it is.

Stick to the right side of the law, even if your tenant doesn’t.

7] You’re going to get a shitty tenant

Every long-term landlord that has a medium-to-high tenant turnover is eventually going to end up with a bullshit tenant that will make their life miserable(r). It doesn’t matter if you’re the most thorough landlord on the planet that uses 22 carrot referencing services with pink ribbons wrapped around them- the odds are still against you to maintain a immaculate record. And, if you have an active sex-life like myself, you should also accept that you’ll probably end up catching chlamydia at some point. I’ve also accepted that.

This isn’t really a tip, it’s just something every landlord should accept when entering into this business. And when it happens, just keep your cool and act responsibly. Don’t feel hard done-by, and don’t keep asking yourself, “why me”- it happens to the best of us, and even to those better than you.

9] No one will care for your property as much as you do

Be under no illusion, no letting agent or tenant will care about your property as much as you do. If they give you the impression they do/will, pay no mind. I’ve heard so many protective tenants say, “I’m looking for a property I can call a home, so I can treat it like my own” It could be true, but it’s probably not, and it’s safer and better practise to assume that will never be the case.

Your letting agent isn’t going to stay awake at night if your tenant falls into arrears. Your tenant won’t stay awake at night if there’s a leak in your property.

Again, not really a tip, just something to bear in mind. Manage your expectations; be realistic. Why would anyone care about your property more than you? If it doesn’t make sense…

10] Letting Agents don’t always know best

Letting agents should be the expert in the field and consequently know the industry like the back of their hand. The sad reality is, not all of them do, and even when they do, they don’t always act like they do.

Example; the other day I received an email from a tenant that said the following:

I rent a flat through a letting agency and I want to contact the landlord because I don’t like how the letting agent is dealing with my enquiries, but the agent won’t give me the landlords contact details. Can I do anything about this??

I’m not entirely sure if the letting agency in question knew this or not, but by law, they HAVE to provide a tenant with a contact address for the landlord.

That’s just one small example, but hopefully you catch my drift. Letting agents don’t always know best, even though they often act like they do.

If something doesn’t sound right (or even if it does), always double check with other experts/professionals in the field.

Anyone else got anything to add to the list? HIT ME WITH IT!

Related posts:

Kirstie Allsopp & Phil Spencer Give Property Buying Tips On The Chris Moyles Show
My Landlord Won’t Give My Deposit Back
Landlord Photo Inventory Tips

I guess I should make it clear that I’m not a letting agent on my contact form, because I’m really not. While I appreciate emails with lengthy descriptions of properties…actually, no, I don’t.

While I’m clarifying that I’m not a letting agent, I may as well make it clear that this website is NOT affiliated with Sarah Beeny in any shape or form. The amount of emails I receive for a “Ms Sarah Beeny” is ridiculous. It’s almost as if you can’t be besotted with Sarah Beeny and dedicate an entire section of your website to her without folks getting confused between “stalker” and “victim” Only joking. She’s no victim. Anyone being stalked by myself should feel wet, sexy and privileged. But seriously, I’m NOT Sarah Beeny.

Anyways, I digress.

Back onto the topic. I’m actually surprised that landlords are asking me how much rent they should charge, because obtaining the answer seems like a path based on common sense. Or perhaps it’s not all that obvious, and I’m just being a patronizing know-it-all knobber, because I’ve been withering away and rotting in this industry for too long. Regardless, whenever I have a property available for rent, I just check the most obvious resources to see how much others are charging for similar properties. When I say “similar properties”, I mean in terms of location, size of property (number of rooms), and condition of property. This allows me to see the current rate of what I should be expecting to receive for my property.

Check for similar properties on Rightmove

This is by far the best method of finding out how much rent you should be charging, in my opinion.

Find similar properties available for rent, in the same area, to the one you’re looking to rent on Rightmove, and find the average rental price.

It might also be worth checking the other major property portals, like FindAProperty, Globrix, PropertyFinder, and Zoopla.

Check for similar properties on Gumtree

Besides from checking the major portals like Rightmove, I also check on Gumtree for similar properties.

I check Gumtree because a lot of private landlords directly advertise their properties on there, whereas on Rightmove, letting agents advertise for landlords. Consequently, on Gumtree you’re able to see what landlords (not letting agents), like yourself, are expecting to receieve. Some times landlords have different ideas on what the rental rate should be compared to letting agents, and that’s always interesting to see.

Check local newspapers

If Rightmove and Gumtree don’t have many properties available for rent in your area, you may find it difficult to identity how much you should be charging. In that case, it’s worth checking your local newspaper. Most local newspapers will have a property section with properties available for rent in your local area.

Check local letting agents websites

Similarly to checking the local newspapers, it’s always worth checking your local letting agents websites and/or shop window if you can’t find similar properties on Rightmove and/or Gumtree.

Consider extra commodities

It’s important to carefully price your property because the biggest mistake you can make is to misjudge the value of your property. If you overvalue, you run the risk of scaring tenants away, and you may find yourself with a property that’s vacant longer than it needs to be, which is an expensive mistake. If you undervalue your property, you won’t be maximizing your full earning potential, which again, can be an expensive mistake.

If you happen to find a very similar property to yours by using any of the methods listed above, make sure you compare the commodities. For example, features like white goods, furnisher, garage, parking space, and garden space will affect the asking price. Needless to say, if you’re offering any of those features while the one you’re comparing your property to does not, you could very well increase your asking price accordingly, and vice versa.

Talk to a letting agent

Even though you may not want to use a letting agent to market your property, it might be worth tapping into one or two of their minds for local knowledge. Simply describe yourself as a landlord that will be shortly looking for tenants, and you’re currently in the process of gathering information about how much rent you should expect for your property.

Local letting agents will know how much rent your property is worth, and more importantly, they’ll know the climate of the area. For example, some areas are notoriously sought after by tenants they’ll know about it. If that’s the case with your property location, you’ll have the advantage of low supply and high demand. Draining that kind of information is useful.

But be careful, I’ve often found that some letting agents drastically inflate their quotes to get landlords interested in their service. With that said, take their figure with a pinch of salt if it sounds too ambitious, and talk to a few different agents for clarity.

The most important tip I can offer is to be realistic, and don’t allow greed to contaminate your asking price.

Does anyone else have any tips, advice or thoughts on how landlords can determine how much rent they should be asking for?

Related posts:

An Example Of How Much Extra Letting Agents Charge
Why Do Letting Agents Charge Tenants An Admin Fee?
Tips For DSS Tenants That Can’t Find A Property To Rent

I think I’ve discovered a new comparable past-time to watching paint dry. It’s called “listening to tenants complain about the complete lack of decent landlords” Both equally brain-numbingly boring, and in some cultures, both considered torture. However, if I had to pick a lesser of two evils, i’d have to pick watching paint dry, simply because I’ve had to endure less of that in my lifetime.

Either way, let me get my underlying point across- there are decent landlords out there, lots of them. It goes without saying that I’m a prime example of that shit. That’s right.

Now, the question has to be asked, are you actually doing anything productive to try and find a decent landlord…or are you just focused on finding a property you can call home?

If you’ve had a string of shit landlords, then you’re most likely the catalyst behind your own bad fortune. You’re either too stupid to find a decent landlord, or you’re too stupid to find a decent landlord. That’s probably a bitter pill to swallow, but I’ll happily force your head back and toss it down your gullet.

Needless to say, with a minuscule amount of effort, you can dramatically reduce the chances of getting lumbered with a deadbeat landlord. That’s all it takes to put your prospective landlord through a screening process.

Somewhere along the line, I think the idea of tenants taking steps to validate the value of a landlord became so outrageously unorthodox that no one bloody does it. Or at least, the tenants that come onto this website while shitting their pants and screaming that all landlords are scum-bags, certainly don’t do it. But I think in general, most prospective tenants just walk into a letting agent with their hands in the air and their legs spread, waiting to be interrogated with a fluorescent probing device that vibrates.

Let’s not forget, a Tenancy Agreement is a 2-way deal. It’s like a marriage, only better and more sexy. Both parties have the right, and should take advantage of that right, to violate validate one another. Yet, it seems to have become tradition for the landlords to do the vetting, without having the favour returned.

There are plenty of procedures tenants can run through in order to minimize their exposure to bad landlords. I’m pretty certain if all tenants followed a few of the procedures, they’d save themselves from falling victim to the antics of rogue landlords, and I’d probably have a lot less people complaining on this website about landlords (although it can be amusing at times, so hopefully not every tenant in the UK will read this blog post, but they probably will).

Steps to bagging yourself a decent landlord

Here are a few of my tips. Take it with a pinch of salt if you wish. I’m just saying…

1) Check the property is clean

It doesn’t matter what part of the country you’re renting in, or how little your budget, the property you’re viewing should be clean, or presentable/tidy at the very least. First impressions are everything. Almost.

If the landlord doesn’t have the decency to push his/her mum through the front door for a little spring cleaning before your viewing, then they’re not going to care about the condition of the property when you’re living in it.

2) Don’t move into a property which requires repairs

Common mistake, and I’m still amazed at how often tenants fall victim to this prehistoric trick. This ploy existed back when we were monkeys, yet we’ve still not evolved past it.

If something in the property needs repairing, don’t fall for the following line, “Don’t worry, that will get repaired next week (after you’ve signed papers and moved in)”

Don’t sign anything until everything is in working order. Once you’re a tenant, landlords will have a legal grip of you, and their eagerness to address repairs often die quickly.

3) Check the property has smoke/fire alarms

If the landlord isn’t conscious enough to have smoke/fire alarms installed, it’s a clear signal that they care more about the gum stuck on their shoe than you, your safety and the law.

4) Ensure landlord has all legal documents in place

As before, if the landlord doesn’t have all the legally required documents in place, then he/she does not give a damn about you or their legal responsibilities, and that’s a worrying thought.

The documents include, the Gas Safety Certificate and Energy Performance Certificate.

5) Tenancy Deposit Scheme

This one is probably the most obvious tell-tale sign of whether or not your landlord is rogue or not. All landlords should secure any deposit they receive (no matter how small) into a Tenancy Deposit Scheme. This is beneficial to both landlord and tenant, and most importantly, it is a legal requirement.

If you’re failing to check this vital piece of information, then you’re destined to be commanded and conquered by a landlord.

6) Ask the landlord for references of previous tenants

Ask the landlord for the details of previous tenants so you can contact them for references. Nothing beats a reference from previous tenants, besides from a handjob. That was inappropriate, wasn’t it? But on a serious note, i’d probably take a handjob over a reference. I’m still being appropriate. I should stop.

Most landlords/letting agents reference the shit out of tenants, to the point of intimidation and harassment. It’s a beautiful process. Feel free to do the same. It’s only fair and effective.

7) Talk to the neighbours

Ask the neighbours about the landlord and the previous tenants. If the landlord is a douche-bag, believe me, the neighbours will most likely be aware of it.

Those were just a few of my tips, but there are plenty more steps tenants can take to prevent themselves from encountering their landlord(s) from hell. Perhaps you can suggest a few more ideas below…

As with most commodities these days, you have to separate the wheat from the chaff. There are plenty of good and bad landlords roaming around.

If anyone has any further suggestions, thoughts or ideas, HOLLA!

Related posts:

Beware Of Fake Landlords
15 Tips For Landlords
Guide For Landlords That Don’t Want To Use Letting Agents

What is an Online Estate Agent?

They’re estate agents, also referred to as “self-service agents”, that don’t have shop-fronts, they operate online. This virtual set-up means they can drastically reduce their overheads, which ultimately means they can offer a much cheaper solution to home-sellers than high-street agents. Sounds compelling already, right? Yes, indeed.

It’s the same kind of concept as an Online Letting Agent, only difference is, Online Estate Agents try to sell your property, as opposed to let. Go figure.

Online Estate agents market properties for sale across several (if not hundreds) of the biggest UK property portals. Their aim is exactly the same as any other High-street agent, to generate as many enquiries as possible for the vendor. When a prospective buyer makes an enquiry, the vendor will be notified by the online estate agent, and is then expected to arrange and take the viewing.

I’ve noticed more and more of these online estate agents emerging by the day. No doubt the industry will quickly become overcrowded and saturated, consequently most of them won’t be around this time next year. However, for now, while every slick motherfudger out there thinks they can dominate the space, the competition is fierce and the options are almost limitless. So there’s plenty of choice.

List of Online Estate Agents

Below is a small list of Online Estate Agents. I’ve not tried any of them, so unfortunately I can’t say a good or shitty word about them.

Why use an Online Estate Agent?

I’ve already touched on the main advantage above, but here it is again: it’s all about the money. Nothing else.

High-street estate agents typically charge anywhere between 1%-2% of the sale price achieved. I’m told that the average estate agent fee for selling a property in the UK is £4200. Ouch! That’s a decent boob-job right there. When you compare that to the average cost of an Online Estate Agent, £300, it suddenly becomes clear why these websites are taking off like Hugh Hefner’s penis.

Most High-street agents source their buyers from online enquiries

90% of home-buyers research properties online. I can’t remember where I read that statistic, but I remember hovering my beady little eyes over that nugget of information recently. Either way, it sounds good, and it sounds right, so I’m going to run with it.

Let’s face it, most high-street agents source their buyers from online enquiries these days, specifically from websites like Rightmove. Long gone are those days when Estate Agents have to pull in the punters by the hair off the street. So my question is, why not just go with the online agent if both types of estate agents are sourcing the buyers from the same place?

The selling process

Selling a house through an online estate agent may sound like a lot of effort and a difficult process for someone that doesn’t fully understand how the selling process works. If you’re one of those people, I genuinely think you would be surprised by how easy it can be. Credit where credit is due, most online estate agents have made their service pretty easy to digest. Moreover, they do offer support. Almost all of the online agents I have looked at have phone/email support to assist with any enquiries to help through the selling process, which includes providing advice and direction.

In all honesty, the process isn’t much different than when using a traditional high-street agent. In my opinion, the only extra burden and leg-work required when using an online agent is that the vendor is required to arrange and take the the viewings. The rest of it is trival to how much extra value high-street agents will offer. *ducks and cover* I’m sure that statement will go down like a tonne of used condoms with high-street agents.

Put it this way, if selling property through these websites was difficult and didn’t work, there wouldn’t be so many of them around… making money.

An example of how Online Estate Agents work

I’m going to use iThink Online Estate Agents service as an example. Let me clarify, I am in no way affiliated to their website, nor have I ever had any communication with any of their staff. I’m simply using their service as an example to demonstrate how the process typically works.

They offer 3 packages, but I’m going to focus on their Gold package, which is £295 + VAT.

Once you sign up to their service
Once you have signed up to iThink’s service to sell your property, you will receive a call within 24 hours from a Local Estate Agent based in your area, who will arrange a convenient day and time with you for them to come and carry out their inspection and take necessary details and photographs.

Yes, an agent will come to your property and take all the details. You don’t have to take pictures or get on your knees to take measurements yourself. You can just relax and leave it to the monkey.

Photography and measurements
During the visit, the Local Agent will take measurements of the rooms, as well as written details. They will take high quality wide angle photographs and prepare a bespoke floorplan.

If you have requested a Virtual Tour or Energy Performance Certificate (required by law when renting or selling property), the Local Agent will do this too. This information is then sent electronically to iThink and they will then get in touch within 24 hours to discuss and agree a marketing price.

Preliminary property details
You will shortly receive your preliminary property details by email for you to check. iThink will ask you to check the details that have been prepared, so that they adhere to the Property Misdescriptions Act 1991.

Once you are satisfied, you can confirm by ticking a box and email it back to them. If there are any amendments required, you can email or phone them, and they will make any necessary changes.

Your property will then be uploaded onto all the Top UK websites including Rightmove.co.uk, Zoopla.co.uk, Findaproperty.com and Primelocation.com and will be live across the UK.

Enquiries
When they receive enquiries and viewing requests from buyers, they qualify them by taking their full details and establishing their position. You will then receive a phonecall or email (depending on your preference) to arrange a viewing for you to take.

Viewing Feedback
Feedback is followed up the following day and emailed to you.

The Offer
When iThink Online Estate Agents receive an offer they will phone you and email the details to you. They also offer a full negotiating service between buyers and sellers to help you achieve the best possible price.

Conveyancing
Where there is a chain involved with your buyer, iThink Online Estate Agents will check the details with other agents in the chain to ensure the chain is complete and establish how far advanced it is.

Once a sale has been agreed, you will need a conveyance solicitor to handle all the legal paperwork. They usually charge a few hundred pound for their service. Here’s a list of licensed conveyancers, regulated by the CLC (Council For Licensed Conveyancers), who are qualified specialist property lawyers

That’s it.

Personally, that doesn’t seem too painful to me. The service comes for a flat-fee of £295 + VAT (excluding the Convenyancing solicitor fee and any extras like the Energy Performance Certificate (EPC)- but that’s also the case with most High Street estate agent fees).

Most of the Online Estate Agents i’ve looked at run in a very similar way, making it easy and compelling to even those with very little knowledge. So it’s a no-brainer, or at least it’s worth a punt.

If anyone has any experience with Online Estate Agents, or has any thoughts, advice and tips, i’d love to hear from you.

Happy and cost-effective selling, folks.

Related posts:

Questions Buyers Should Ask Estate Agents
Do You Feel Sorry For Estate Agents?
Online Letting Agents

During the weekend there’s been fireworks over on the other side of my blog. Whenever my blog gets an erratic surge of activity, it’s usually over a DWP / DSS Tenants related topic. It’s good to know that some things never change. Head over to the Reasons Why Landlords Shouldn’t Accept DSS Tenants blog post to catch up on the drama.

I didn’t participate in the discussion because the conversation seemed to be going around in circles, and more importantly, it was the bloody weekend. I religiously reserve the weekend to get my freak on!

Even though I didn’t partake in the discussion, I truly made the best of a bad situation. I was receiving an email each time someone contributed a new comment, consequently my phone was vibrating like crazy. Needless to say, I slipped my phone into my boxer-shorts and enjoyed the repercussions of my blog post in my own beautiful way.

I’ve only just got around to reading the comments. It consisted of the general bullshit I expect from people that are too ignorant to understand anything beyond their own reality. Nothing new there. But I want to address one specific statement made by a few people. I’m told, “Refusing DSS Tenants Is Discrimination”, and it’s similar to refusing “Blacks”, “Irish” and “Asians”

Amusing.

That particular Red Herring has been flapping around for a while, and I want to kill it. With a sledge hammer.

Anyone that carries that kind of mindset clearly doesn’t understand the dynamics of being a landlord or what being a landlord is all about. The irony is, anyone that believes refusing DSS tenants is a form of discrimination is a self-righteous ignorant bell-end. Yeah, I said it.

My list of reasons why refusing DSS tenants is NOT discrimination

• Being a landlord is NOT a charity based organisation, it’s a business based on profit. I think that’s what most people DSS tenants fail to appreciate. Our job is to secure suitable tenants to ensure our profits don’t fall. A major aspect of running a successful business is “risk-assessment” Some tenants have higher risk than others, and landlords just want to minimize their risk. For example, a bank is unlikely to authorise a loan to someone receiving benefits. Is that discrimination, or is it a decision based on risk-assessment?

  Yes, even the lower-risk tenants can cause problems. And yes, the higher-risk (DSS tenants) can be the best tenants in the world. But this is about risk-assessment, and the odds are stacked against the DSS tenants. This type of risk-assessment is practised by almost every business in some shape or form, but more relevantly, businesses that deal in loans and insurance.

  Landlords don’t refuse DSS tenants because they have something “personal” against the individual as a human being. They generally refuse DSS tenants based on their undeniable financial circumstance. No one is ASSUMING DSS tenants have financial difficulties.

  The fact is, ANYONE running a business (regardless of whether they’re receiving Housing Benefits or not) will try to minimize their risks, so it alludes me that people fail to understand that concept when it’s regarding Landlords and DSS tenants.

• The whole argument that refusing DSS tenants is on the same par as discriminating against a race is laughable; it’s almost not worth defending. But I will, because the statement is silly, and I’m in a silly mood (I suspect that comment will come back to haunt me if/when the protesters attack).

  The financial circumstance of a tenant has a direct impact of how they may affect MY business of being a landlord; someone’s race DOES NOT. So no, those analogies are nothing alike in the current context; so you can stick the “race card” up your anal-passage and choke on it.

  Find me a family with an employed Asian wife, and an employed black husband, with a mixed race baby, and I’ll happily give them tenancy. Find me a family with the same racial statuses that are unemployed, and I won’t be so willing.

• Most Landlord Insurance companies refuse to insure landlords with DSS tenants. The very few that do cover DSS tenants have a high premium. Why? Because at some point or another, statistics signified that a high portion of landlord claimants had DSS tenants. So the root of the problem is far deeper than landlords simply refusing refusing DSS tenants; it’s also based on the fact we can’t get the proper protection policies in place to secure our investments when giving tenancies to DSS tenants.
• Landlords want to keep their risk at a minimum (going back to risk-management), just like any business. That is why I would rather give tenancy to a family that consists of 2 employed individuals as opposed to a family that receives Housing Benefit. How is protecting my investment by obtaining the most “secure” tenants an act of discrimination? If you were a landlord that had the choice between a) a family that consisted of two doctors or b) a single unemployed individual receiving Housing benefits, which would you give tenancy to? It’s a no-brainer, as is this argument.
• Common misconception- all landlords are rich. That’s seriously bullshit. Most landlords struggle to make any profit, especially in this climate. All it takes is ONE tenant to fall into arrears for a landlord to go under. Then, the landlord would only add to the list of people in receivership of Housing Benefit. What good would that do anyone?

  Point being, some times the whole risk-management aspect is crucial to the landlord’s livelihood.

• I personally refuse DSS tenants because of my past experience with the “system”, and not the individuals themselves. The protection for landlords when DSS tenants fall into arrears is scandalous.

  I’ve housed a DSS tenant that intentionally fell into arrears so she could get moved up the “Council Housing” priority list. I’m not saying all DSS tenants would do that. However, The question needs to be asked, why would the council move someone up the priority list AFTER they fall into arrears? Who knows, but it’s actually common practise.

  Actions like that are awful for the landlord because they’re left out of pocket and equally as awful for the genuine DSS tenants struggling to find a tenancy. Why would I want to support a system like that?

  To reiterate, this isn’t a gripe I have with the claimants, it’s a gripe I have with the system. I have made that clear on several occasions.

I’ve said the following a million times on almost every single one of my DSS related blog posts, but only a handful seems to pay any attention, while the others get filled with rage and ignorance. But here it is again:

• I appreciate, understand and even sympathise with misfortune. I know not all DSS tenants are the same; I know there are good and bad DSS tenants; I’m aware that many DSS tenants genuinely don’t deserve to be in the position they’re in; I’m aware that there are genuinely good DSS tenants out there that are struggling because others have given them a bad reputation. I get it. It sucks, and I mean it. It’s truly a shitty deal. However, DSS tenants are still high-risk in-comparison to professional-working families, so that is why I would rather give tenancy to the latter. I’m not saying that the working-professionals won’t or can’t fall into arrears, but I am saying it is less likely, hence the risk-management.
• I’m not saying landlords should or shouldn’t accept DSS tenants, I’m just saying landlords have a legitimate reason for not accepting them, and DSS tenants should understand it’s not about discrimination.

The root of the problem is deeper than simply, “landlords refusing DSS tenants” – so much deeper. Getting ALL landlords to accept DSS tenants won’t resolve the underlying issues of a broken system.

By all means, be annoyed that some landlords refuse to house DSS tenants, but don’t call it discrimination, because it really isn’t.

Either way, I don’t really expect to have changed minds. I just wanted to make my justifications clear.

Related posts:

FACT: Landlords Refusing DSS Tenants Is Well Justified
The Difference Between DSS Tenants on Housing Benefit (HB) And DSS Tenants On Local Housing Allowance (LHA)
Landlords That Discriminate Against Tenants

• What is an Assured Shorthold Tenancy Agreement?
• Where Can I get a good Tenancy Agreement?
• When should I use a Tenancy Agreement?
• Do I need a written Tenancy Agreement?
• How do I know if I have an Assured Shorthold Tenancy Agreement?
• How long can the agreement last for?
• Tenancy Deposit Protection Scheme
• Who keeps a copy of the Tenancy Agreement?
• What’s in a Assured Shorthold Tenancy Agreement?
• Tenant And Landlord Basic rights
• Changing the Tenancy Agreement
• Ending a tenancy agreement in the middle of the terms
• Discrimination in tenancy agreements
• Pet Clauses in Tenancy Agreements

What is an Assured Shorthold Tenancy Agreement?

A tenancy agreement is a legal contract between landlord and tenant, . It maybe written or oral. The agreement contains the terms and conditions of the tenancy, such as the length of the agreement, the rent payable, and what is and isn’t allowed in the property, such as pets.

An Assured Shorthold Tenancy is one of the most common in the private rented sector. If your tenancy began, or was agreed, on or after 28 February 1997, it is likely to be an Assured Shorthold Tenancy. Tenancies starting, or agreed, before that date but after 15 January 1989, are more likely to be Assured Tenancies. Yes, there is a difference between a “Assured Shorthold Tenancy Agreement” and a “Assured tenancy” Both these types of tenancy were introduced to promote lettings. The primary difference between the two types of tenancy is the legislation regarding the landlord regaining possession of the property.

Where Can I get a good Tenancy Agreement?

Tenancy Agreements can range from 2 pages to more than 20, and they’re available from various sources. However, it’s important to note that any tenancy agreement must be “Fair” and “Clear” and not intended to mislead the tenant in any way.

There are literally hundreds of places where you can buy and/or download tenancy agreements from on the Internet. So you need to be careful when picking your source. A lot of outlets, especially the ones which offer free contracts, often distribute out-of-date and poorly formatted tenancy agreements. Also, a lot of them contain clauses which aren’t actually enforcible by law. This usually happens when landlords and/or letting agents modify (i.e. add their own clauses) existing tenancy agreements without checking if the clause(s) being added are actually enforcible by law. It goes without saying, tenancy agreements which aren’t correctly compiled by legal experts can be an expensive mistake.

ALL the Tenancy Agreements available on this site have been created by Stones Solicitors LLP. They are listed as a Top 200 Law Firm and is recognised by the two leading independent directories, Chambers and the Legal 500. Stones have expert solicitors specialising in landlord law. You can buy one of our tenancy agreements for just £4.99, and reuse it as many times as you wish.

Here’s a more elaborate guide on how to check if your tenancy agreement is any good or not.

When should I use a Tenancy Agreement?

An Assured Shorthold Tenancy is the most commonly used tenancy agreement in the letting of residential properties. This type of agreement is also referred to as an ‘AST’ or ‘Shorthold Tenancy’. An AST should be used where you are renting a property to just one person, or where you are renting to multiple tenants (that know one another). The advantage of this type of agreement with shared properties is that the tenants have ‘joint and several liability’ i.e. the landlord can claim all of the rent from each of the tenants, not just their own share.

An AST is not suitable for some circumstances where it should NOT be used:

• If the property receives more than 100k per year in rent (This was 25k before October 2010)
• If the property receives very low, or no rent at all
• If the property is a holiday home
• If the property is let to a private limited company
• If the property is owned by the Crown or a government department
• If the property is being let with more than two acres of agricultural land or an agricultural tenancy

Do I need a written Tenancy Agreement?

It is not legally required to have a written tenancy agreement in place to start a tenancy. A tenancy agreement can be a oral contract between landlord and tenant. However, written tenancy agreements are highly recommended so important terms and conditions don’t get forgotten.

When a landlord rents out a property to a tenant, this is a legal contract, so it’s important to have the T&C’s in the contract written down so both tenant and landlord knows what the contract specifies. If everything is written in black and white, there can never be any question of what was agreed. If T&C’s are only verbally agreed, it’s easy to forget what was agreed.

Additionally, if under any unfortunate circumstance, complications between landlord and tenant surfaces which requires the aid of the court, the tenancy agreement can prove to be vital.

How do I know if I have an Assured Shorthold Tenancy Agreement?

There are serveral factors which will determine whether or not an Assured Shorthold Tenancy has been agreed. You will have an AST if:

• If the tenant pays less than 50k per year in rent
• If the tenant moved into the property on or after 28th febuary 1997
• If the tenant is renting from a private landlord
• If the tenant has rights to have privacy in the property where the landlord cannot enter the property without mutual agreement

How long can the agreement last for?

An Assured Shorthold Tenancy can now be (after 28th February 1989) for any period of time, it does not have to be “short” (Prior to 28th February, there was a requirement for a tenancy to be for a minimum of six months, there is no longer this minimum set.)

The landlord and tenant may agree on a fixed term of less than six months. However, the tenant has a right to stay in the property for a minimum period of six months, regardless of what the agreement stipulates.

At the end of the term if the tenancy agreement is not renewed, it then becomes what is known as a Statutory Periodic Assured Shorthold Tenancy Agreement. The terms of the original tenancy agreement still apply, but the tenancy continues on the rent schedule. For example, if rent is paid on a monthly basis, then the contract will become a monthly periodic tenancy.

There’s also what is known as a Contractual Periodic Tenancy; this is when no term for the end of the let is set and the tenancy agreement simply continues until either party decide to bring it to an end.

Regardless of which status your agreement is in (fixed term or statutory), the landlord still has to give two months notice to the tenant and can’t obtain possession (before 6 months of the tenancy agreement has elapsed) other than by satisfying certain of the prescribed grounds.

Tenancy Deposit Protection Scheme

All landlords and letting agents who take deposits for Assured Shorthold Tenancies in England and Wales must join a Government-authorised tenancy deposit protection scheme. Within 14 days of receiving the deposit the landlord must provide the tenant with details of the scheme chosen by him to safeguard the deposit. More details on Tenancy Deposit Protection Scheme.

Who keeps a copy of the Tenancy Agreement?

The landlord and each tenant should have their own copy of the tenancy agreement. Each copy should be signed by tenant and landlord.

It’s important that everyone keeps their own copy, as it may prove to be useful in court if any legal issues occur.

What’s in a Assured Shorthold Tenancy Agreement?

Here are just a few of the issues the contract should cover:

• The amount of rent and deposit payable and the term of the tenancy
• Right of landlord to charge interest on late rent payments
• Tenant’s obligation to pay bills and council tax
• Tenant’s obligation to keep the property and any garden in good order and repair
• To use the property for residential purposes only
• Not to cause nuisance or annoyance to others
• Not to keep pets without written permission
• Not to leave property unattended for more than 21 days without informing landlord
• Prescribed information about the tenancy deposit scheme.

Remember, an agreement can be amended by adding or removing any terms as required, as long as they do not conflict with law. Both the tenant and landlord have rights and responsibilities given by law. The tenancy agreement can give both the tenant and landlord more than statutory rights, but cannot give less than your statutory rights.

Tenant And Landlord Basic rights

There are basic obligations a tenant and landlord must obey even if they aren’t set down in the agreement, but which are given by law and are implied into all tenancy agreements. These terms form part of the contract, even though they have not been specifically agreed.

Some of the most common implied terms are:

• The landlord must carry out basic repairs
• the landlord must keep the installations for the supply of water, gas, electricity, sanitation, space heating and heating water
• the tenant has the right to live peacefully in the accommodation without nuisance from the landlord
• the tenant has an obligation to take proper care of the accommodation.

Changing the tenancy agreement

A tenancy agreement can be changed if both the landlord and tenant agree to the new conditions. The change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement.

An oral agreement can also be changed. Usually the change will be oral too. In the case of a dispute, evidence of the variation can be provided if there were witnesses to the new agreement or simply by both parties acting on the variation, for example, by paying and accepting a new rent.

It’s important to be diligent when modifying a tenancy agreement. Ensure that ALL terms and conditions in the agreement are legal and enforceable by law i.e. a clause which suggests that the tenant or landlord have less rights than those given by common law or statute is not valid, and will not be enforceable by law. If you are unsure, it’s best to seek legal advice.

Ending a tenancy agreement in the middle of the terms

It both parties agree to terminating the agreement, they can legally do so. This is called ‘surrender’. There are two ways that surrender of a tenancy can occur: by “operation of the law” or by a “declaration of surrender”.

Surrender of operation by law
This is when the tenant gives up their occupation of the property to the landlord and the landlord accepting this. This could involve the tenant handing over the property’s keys to the landlord and the landlord accepting that the agreement is over and that they now have possession.

Declaration of operation by law
This is when the tenant signs a “Declaration of Surrender”. This written document then acts as proof that the tenant has given up possession of the property to the landlord.

For a surrender to be legal, both parties must agree. It’s advised for everything that has been agreed to be writen down so everyone knows where they stand. If a joint tenancy is in place, all the joint tenants and the landlord must agree to the surrender.

When a tenant has legally surrendered the tenancy, then the landlord has the right of possession of the property under Section 5 of the Housing Act 1988. The landlord needs to end the agreement properly, before re-letting the property, otherwise the landlord could be accused of unlawful eviction.

Discrimination in tenancy agreements

The landlord must not discriminate against the tenant because of your race, sex, disability, sexuality or religion. It is against the law for the landlord to do any of the following:

• rent a property to a tenant on worse terms than other tenants
• treat the tenant differently from other tenants in the useage of facilities such as the garden
• evict or harass the tenant because race, sex, disability, sexuality or religion
• refuse to make reasonable changes to a term in the tenancy agreement which would allow a disabled person to live there.

Discrimining against sex, disability, sexuality or religion, generally don’t apply if your landlord lives in the same property as you. However, the landlord still cannot discriminate against race.

Pet Clauses in Tenancy Agreements

Most good tenancy agreements will have a pet clause, but what it stipulates can vary from contract to contract. In general, they will say whether a tenant can or can’t keep pets. But even if the tenancy agreement does say NO PETS permitted, a landlord can change his/her mind, and in that case the landlord should give written permission so there is no confusion.

In case of any damage caused by pets, the tenant will still be held liable and responsible. Damage is exactly that, so it doesn’t matter if it’s a tenant, their friend or their dog that cause it. The security deposit can be used to cover damages caused by pets. However, just so tenants are clear about what is expected, landlords can provide a supplement Pet Clause Policy Form with the Tenancy Agreement.

Related posts:

Assured Shorthold Tenancy Agreement (AST) Tips
6 Tenancy Agreement Facts That Are Bullshit
Tenants Without A Written Contract- Verbal Tenancy Agreement

I suppose ignorance is bliss, until you get sued!

Questions relating to repairs and maintenance in privately rented accommodation receives far more attention that any other category in the landlording sector. At least it does around these parts. It’s a biggy. Hopefully I’ll cover some key elements in this blog post which will help lesson the confusion.

What is the Landlord and Tenant Act 1985?

The Landlord and Tenant Act 1985 sets out the rights and responsibilities of both landlord and tenant. It applies to all short leases for residential property and tenancies agreed for a period of less than seven years.

Most of what I discuss will be directly quoted from The Landlord and Tenant Act 1985. The entire legislation can be read online over here, but for convenience I’m going to copy the most relevant sections relating to the subject of repairs and maintenance. However, I would still recommend reading Section 11 in its entirety of the Act if you want to know all your statutory rights regarding repairs and maintenance.

Section 10: Fitness for human habitation

First and foremost, a privately let property MUST be fit for human habitation. The legislation stipulates the elements which are considered when defining whether or not a habitat is fit for a human.

In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—

repair,
stability,
freedom from damp,
internal arrangement,
natural lighting,
ventilation,
water supply,
drainage and sanitary conveniences,
facilities for preparation and cooking of food and for the disposal of waste water;

and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

Section 11: Repairing obligations in short leases

The Landlord and Tenant Act 1985 states that where a short lease of less then seven years which started on or after 24th October 1961, the landlord is responsible for the following:

a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes)

b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

When the landlord is exempt from repairs

The Act also stipulates exceptions to areas of repair where the a landlord would not be responsible:

a) to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part,

b) to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident, or

c) to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house.

The Landlord’s defence

It is the landlord’s legal responsibility to repair and maintain the aspects mentioned above. However, the Act states that the landlord can have a valid defence under the following circumstances:

1) If the landlord is not made aware of any defects by a notice of repair.

The notice of repairs can be given verbally or in writing, but it is advised to issue a written notice so there is written proof for reference. The tenant must then give the landlord sufficient time to carry out the necessary repairs.

2) If the tenant doesn’t provide access into the property for the landlord to make repairs. The Act states the following on this matter:

In any case where—

(a)the lessor’s repairing covenant has effect as mentioned in subsection (1A), and

(b)in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and

(c)the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,

then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.

Getting your landlord to repair and maintain

Firstly, get in touch with your landlord and explain what needs repairing. Most reasonable and professional landlords will accept their responsibilities and arrange for the issues to get resolved quickly.

If you’re dealing with a letting agent, contact them before the landlord. They should pass the message onto the landlord. However, it’s worth bearing in mind that tenants are legally entitled to obtain contact details of their landlord.

In The Landlord and Tenant Act 1987, it states that a landlord must provide an address in which they can be contacted by. The address doesn’t have to be the landlord’s actual residential address but an address must be supplied.

If the landlord doesn’t supply what is called a Section 48 address then the law states they are not entitled to receive any rent until they do.

Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

In addition to the section 48 address, there is also a legal requirement for the landlord to provide their actual address. Section 1 of the Landlord and Tenant Act 1985 states that if a tenant puts a request in writing to the landlord asking for their address the landlord has to respond, also in writing and within 21 days giving their address.

If the landlord fails to comply with his or her responsibilities after serving a repair notice, it might be worth gently reminding them of their legal responsibilities. Nudging them in the direction of The Landlord and Tenant Act 1985 may prove to be useful. Failing that, then it may be time to venture down the legal route. You have the right to take your landlord to court to obligate him to bring the place to a legal standard and state of repair. If the landlord is found guilty in the eyes of the law, then they would be liable to cover the court costs of the tenant.

To seek free legal advice on the matter, I would recommend contacting your local Citizen’s Advice. They can advice you further and provide clarity on your case.

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