Like with most professions, the majority of the skills required are learnt while ‘on the job’ – that’s especially true for landlords, since this isn’t Star Trek and we don’t have virtual landlord simulators at our disposal. So what’s a brother to do but learn on the job?

I’ve been a landlord for several years now, so I’ve watched dozens of tenants enter and leave my life. Many have been missed, while the others have been replicated into miniature Voodoo dolls, which rest under my sordid bed, with thick, rusty pins hanging out of their arses. However, regardless of how the note to each tenant ended, I’ve always managed to higher my learning curve from each tenancy. This is particularly true when tenants vacate the premises at the end of a tenancy.

Over the years I’ve lost lump sums of money because I didn’t spot damages my tenants were liable for until it was too late, which consequently meant the cash had to be pried out of my manicured hands. There was no one to blame besides from my own inexperience. In most cases, I failed to check specific areas of the property, which later on come back to haunt me with a financial consequence. In order to refrain myself from falling victim to the same problems, I developed a checklist, which covers areas to check when a tenant vacates.

My “checklist for when tenants vacate” usually increases by one or two points each time a tenant vacates. It’s not that I’m totally careless or cavalier with my final inspections, because I’m not, I do proper checks. However, each tenant is different, and each tenant has their own weird and ridiculous habits. So even when you think you have all the check-points covered, a tenant will come along and show you a new and unregistered way of pulling down your pants and riding you like Seabiscuit. A prime example being when I recently wrote a blog post about how my Tenant Left Me With a Drain Blocked With Shit. The problem was, the drain didn’t overflow until the kitchen tap was running for at least several minutes because the blockage was 15 meters into the pipes. A problem like that is not easily found during an inspection- how many landlords/agents actually let taps run for several minutes to check for overflows? Not many. I’ve previously blogged about similar scenarios where I got caught out, and so a few of my readers have asked me for a checklist they could use or perhaps get ideas from, so they don’t fall for victim to the same traps. So, here we are, again, together! Cosy.

I just want to point out that I use my “Checklist Form For When Tenants Vacate” along side a Landlord Inventory Form. A landlord inventory is a listing of all the contents of a property and a record of the condition of the property. These forms shouldn’t be confused with one another, they each have their vital roles to play. I would always recommend having an inventory in place for every tenancy. The “Checklist For When Tenants Vacate” concentrates on areas to check, as opposed to the condition of the property and the items before and after the tenancy.

My checklist of areas to check when tenants vacate

Plumbing

• Drains- run the taps from all water outlets in the house for several minutes to ensure there are no overspills from the drains. It’s also worth removing the drain covers and ensuring there are no obvious and visible blockages.
• Taps- check that all taps actually work, and water flows as it should. Don’t neglect outside/garden taps.
• Plug holes- I once had a tenant that left a disgusting amount of matted hair down the shower and sink plugholes. Apparently he malted like a husky in the summer. What a super freak. It was disgusting and could have easily caused blockages. Ensure the plug-holes are thoroughly cleaned by your tenant; it’s certainly not our job to unpick cheesy bunches of matted hair from plug-holes, or from any other type of hole, for that matter.
• Water pressure / flow- if there are any pipes blocked, it may have an impact on the water flow. So check that the pressure and flow from all taps are as should be. Blocked pipes commonly occur from abusive substances being wrongly disposed of down the sink. If that’s the case, the responsibility should fall onto the tenant.

Electrics

• White goods / Electrical Items- don’t rely on visual inspections, ensure that each item is tested and in full working order. Pay particular attention to the cleanliness of the items, especially the white goods. I got royally penetrated up the rectum recently by my dirtbag tenant that was too lazy and disgusting to clean the oven during his entire tenancy. I didn’t check INSIDE the oven during the final inspection, but when I did a few days later, I was in for a nasty shock in the form of congealed fat and food residue that resembled decayed bird shit. I had to hire a professional oven cleaning company to resolve the matter. Moral of the story: don’t underestimate the filthiness of tenants. Oh, and thoroughly check all appliances, inside and out.
• Appliances- as with the above point, check all appliances you provided with the property, don’t rely on appearances, and especially don’t rely on your tenant’s word.
• Plug points- check to see that all plug points are working. Additionally, check that the plastic plug socket covers aren’t broken/cracked. Plug socket covers often get broken when furniture is being moved around and/or when crazy sex stunts go wrong- it’s a pretty common issue. Not a huge financial burden, but nevertheless the deposit is there to cover those mishaps.
• Light Switches- ensure all light switches work, and again, check that the actual switches are in the condition they should be in.
• Fire / Smoke Alarms- check that all fire alarms still work. That’s a no-brainer, and should be covered in the inventory anyways.
• Door bell- check to see if the doorbell works. A lot of landlords generally forget about this one.

Fittings

• Doors- ensure all doors open, close and lock properly. It’s also worth looking for significant cracks/splits in the doors, especially where the lock is. Doors are expensive to replace.
• Windows- ensure all windows open, close and lock. Also look for for any chips and/or cracks.
• Laminate / hardwood flooring- if you have laminate/hardwood flooring, check for breaks, chips and unevenness. I had to replace hardwood flooring once because the previous tenant liked hosting gatherings which entailed a lot of fluid spillage (I’m not judging). Of course, that caused the floor panels to expand and dislodge. It cost quite a bit to fix, and I didn’t spot it during the inspection because the damage was being strategically covered by furniture. Yes, my thoughts precisely, what a sneaky, snakeoil, conniving little cock!
• Sinks / baths/ showers – check all ceramic and plastic fittings for cracks and chips. I had a tenant leave behind a huge crack inside a sink before.

Storage

• Outside/Inside Bins- always check that the bins are completely empty. It should be the tenants responsibility to dispose of all rubbish before they vacate the property. I’ve fallen victim to this ugly, ugly, ugly situation before, and it killed a part of me, a good part. My tenant left an ungodly amount of crap in the wheelie bins outside the property. Of course, I didn’t check the bins during the final inspection. Worst part was that the rubbish wasn’t disposed into black bags, it was just thrown directly into the bins. Seriously, are we back in the caveman era where we act like animals? Let’s just shit in the corner while we Willy-nilly dispose of rubbish directly into wheelie bins. To clear up the mess I had to retrieve my thick, rubber gloves from my special trunk and transfer the rubbish into black bin bags. By the end of it, I had 8 bags full, which I had to take to the local dump. It was an awful experience, which still gives me nightmares. Why didn’t I just let the garbage men collect the rubbish, you ask? Because while the property was empty, I applied for council tax exemption so I was revoked from my local tax privileges e.g. garbage collection. Is that a good enough reason for you? Lovely.
• Cupboards / Drawers- again, make sure cupboards and drawers are completely empty, otherwise the new tenants will only make you do it. And believe me, it’s not a fun job to dispose of other peoples shit (unless you’re getting paid for it).
• Shed / Garage- ensure all items from outbuildings are removed. Also worth checking the fittings in the outbuildings e.g. doors, windows, locks.
• Loft / Atic- check the loft/actic is empty and doesn’t contain any of the tenants unwanted items. Tenants have tried to pull this stunt on me one too many times. Amusing, but it gets old and boring.

Furniture

• Underneath / behind- the amount of times I’ve had tenants try and strategically place furniture in an attempt to cover up shit stains on the carpet is horrifying. Check around, under, behind, on top, and inside of the furniture, basically every which way possible.
• Testing- give each furniture piece a test of stability and usability e.g. lay down on the beds and sit down on the sofas. Make sure everything feels safe and sturdy.
• Unwanted furniture removed- tenants often buy temporary furniture with the intentions of leaving them behind when it’s time to vacate because they’re too lazy to dispose of their cheap Ikea crap. The tenant may suggest leaving the items in the property for your new tenants, and it may seem like a tempting offer. However, I ALWAYS refuse the offer because as soon as a landlord starts providing tenants with pieces of furniture, they automatically become liable for repairing/removing/replacing the item if it gets damaged (unless there’s a disclaimer in the contract). Make tenants remove ALL their furniture if you don’t want to provide a part/furnished property.

I’ve put my list in a form format which you can download from the link provided below, just in case, you know, you actually think it will be useful to you as a reminder.

The perks of having a checklist

It’s self-explanatory why checklists like these are crucial, but I may as well support the practise with a definitive statement.

It really is a simple case of investing a few hours into thoroughly inspecting a property for the sake of potentially saving a heap of money. So you decide, spend money on areas that could have been avoided, or buy a brand new wicked-cool Pioneer sound-blaster for your pimped out Renault Clio. It’s a no-brainer.

Add to the list

My list is custom to my needs, although a lot of the to-do’s are pretty generic, and good practise for all types of landlords and tenancies. However, feel free to add your own custom to-do’s from your own experiences and situation, and remove any action(s) you feel is inappropriate. Although, I’m rarely ever inappropriate, so I’d be interested to know if you remove any points. I’m usually prepared to fight to the death until I’m deemed right.

Anyone have any further suggestions/recommendations?

Does anyone else have any other to-do’s I can add to the list? Perhaps I’ve missed a few out because I’ve yet to be stung by tenants in that particular area.

Download Checklist Form For When Tenants Vacate

Checklist Form For When Tenants Vacate

Related posts:

Section 8 Notice To Quit Form- Evicting Tenants
Landlord Inventory Form
Tenant Reference Form

I’ve been sitting here for the past few minutes trying to think of a neutral opening paragraph about how tenants with pets can provide realms of good and bad pleasures for a landlord. But then it dawned upon me, and I think I understood the reason for why I was struggling to find a neutral and well-balanced opening line…

A tenant with a pet is one of those situations that a landlord can rarely ever gain any joy from, but can easily gain stress and frustration. I say that because what joy do I personally get from a well-behaved pet that belongs to a tenant? Absolutely zero. I’m not humble enough to get filled with joy because my tenant has a Sausage Dog that can fetch his slippers in the morning, and let’s face it, nor are you. The ain’t making your life any easier. However, if I get a tenant that harbours a snapping little terror that enjoys flooding the place with steaming piss, dismantling fittings like it’s a game, and uncontrollably releasing natural musky Old Spice odours, then all of a sudden I have a serious problem on my moisturised hands. No wonder I couldn’t think of a balanced statement.

Albeit, it’s almost a certainty that a landlord will at some point encounter a prospective tenant that comes attached with a malting bag of fleas. At that point, the landlord needs to decide whether they’re going to play ball or show the access-denied card. I’m not going to discuss the pros and cons of allowing tenants with pets, because I’ve already covered that jazz over in the Guide On Landlords And Pets article, but I am going to discuss pet clauses in Tenancy Agreements.

When tenants/landlords discuss “pets”, they’re typically referring to dogs and cats. Dogs are the most common pets in the UK, and if there’s any type of household pet that is capable of destroying a house, my money is on a dog. Smaller pets like fish, hamsters and rabbits aren’t usually a problem. On that basis, I’m going to focus this article with the assumption we’re all here because we want to protect our investments against dogs and cats.

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 with written permission.

In an event of any damage caused by pets, with or without any specific ‘pet related clauses’, the tenant will still be held liable and responsible. The landlord will still be protected if cute little Daisy decides to scratch the living crap out of your newly fitted carpets and misjudge the corner of the living room for a dumping ground. 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 from their pet-keeping abilities, landlords can provide a supplement Pet Clause Policy Form with the Tenancy Agreement.

If you’re a landlord that permits tenants to keep pets in your property, you may want to consider supplying a supplement pet schedule with your Tenancy Agreement.

I recently came across a website called Lets and pets that provides a neat little pet policy, which is a supplement to a Tenancy Agreement. But don’t worry, you don’t need to leave this website to get the information, because I’m going to break it down for you.

Adding a Pet Clause to a Tenancy Agreement

Here is an example of a pet policy clause which refers to the supplement pet policy:

The tenant agrees that they will abide by the pet policy as shown in Schedule 1 attached to this tenancy agreement.

On signing this tenancy agreement, the tenant will pay a deposit to cover any damage caused by their pet to the property or furnishings during the tenancy.

Now, before you randomly go adding the clause into an existing Tenancy Agreement, ensure the above clause doesn’t conflict with any other pet clause that may already exist. Moreover, just to clarify, the information provided does not constitute legal advice. You should contact a Solicitor for advice. Whilst every effort has been taken to ensure that the information provided is accurate, no responsibility is accepted for any loss arising from your reliance on the content provided including any errors and omissions :)

Pet policy schedule

Now, below is the pet policy which the clause refers to, which you can use as a supplement with your Tenancy Agreement. Some of the clauses seem odd, in the sense that they’re either O.T.T and/or unenforceable. But there’s nothing to say you can’t remove some of clauses to suit your needs.

So in theory, your Tenancy Agreement could refer to a Pet Policy, in which the pet related clauses are stipulated. Remember, the pet policy acts as a counterpart, it is NOT a replacement for a tenancy agreement.

Download Pet Policy schedule

Here’s a copy of the Pet Policy schedule Form for you to DOWNLOAD and use:
Pet Policy schedule Form

Buying a Tenancy Agreement

The above schedule can be easily used with the Tenancy Agreements available to buy from this website. All the documents available for purchase have been created by award winning Solicitors that specialise in landlord law.

As usual, if anyone has anything add, please use the comment box below. It’s good to talk.

Right, that’s all folks. Enjoy :)

Related posts:

Tenancy Application Form
Assured Shorthold Tenancy Agreement
Tenancy Agreement Break Clauses

What is a Tenancy Application Form?

It’s essentially a form which prospective tenants are asked to complete either before or during a viewing.

Here is a list of details requested for in a tenancy application form:

• Tenancy details: property address, rental period, number of applicants, proposed tenancy start date.
• Tenant’s personal details: tenant’s name, contact details, and time at current address.
• Current Landlord: details about current landlord.
• Referee / Guarantor Details: details about guarantor
• Employment details: current and past employment details, and details regarding salary
• Details about occupiers: details about all the people that will occupy the property
• Other details: details such as smoking status, pet status

Why are Tenancy Application Forms useful?

The main reasons why a Tenancy Application Form is appealing to me is as follows:

• If I have a vacant property which is receiving interest from several prospective tenants, I will have a neat list of all applicants with all their details. It makes it much easier to manage the applicants details.
• The completed forms make it much easier to determine which applicant is most desirable, which will effectively help me choose the better tenant. For example, I can easily see which applicant has a greater salary and stronger rental history.
• Some of the details on the Tenancy Application Form aren’t always found in Tenancy Agreements, but may be useful even after a tenancy has been created. For example, next of kin details maybe useful in case of an emergency.
• The application form can quickly eliminate tenants from the line-up if they don’t meet a specific requirement e.g. lack of Guarantor
• You can build a directory of people to contact if a similar property becomes available. This is probably more useful for letting agents, or landlords with a portfolio of properties.
• You can use the tenant’s employment and current/previous landlords details for references, to ensure they’re legitimate and have a good track record.

Are Tenancy Application Forms legally required?

I want to clarify that Tenancy Application Forms are NOT legally required, although they make sense because of the points listed above.

Can I modify the Tenancy Application Form?

The application form can be tailored to a landlord’s preference. Landlords are entitled to ask prospective tenants any appropriate question that they see fit. However, I would advise to avoid asking too many questions, sticking to questions which has a direct relation to letting the property, and personal questions that may seem “too personal” Crossing those lines could act as a repellent.

I’ve seen a few Tenancy Application Forms which require bank details from the applicant. I’m not entirely convinced details like that are necessary at such early stages, so I removed that section. I know if I was a prospective tenant, I wouldn’t want to give up my bank details to a private landlord if I wasn’t even sure I wanted the property. However, I’d be more comfortable giving a letting agent those kind of details.

Download Tenancy Application Form

Here’s a generic sample copy of a Tenancy Application Form. Feel free to use it.
Tenancy Application Form

Related posts:

Finding Tenants Without A Letting Agent- Just Received The Worst Tenant Application EVER (Part 4)
Pet Clause Policy Form For Tenancy Agreements
My Mortgage Application Finally Got Approved

Performing credit checks on prospective tenants are pretty common, but in order to perform one, you will need their permission. Your applicant will need to sign a release authorizing the landlord/agent to perform the credit check. Most credit check companies will provide landlords with a form online which can be downloaded for free, but I use a homemade generic one, which captures only the information I need.

The form I use is very basic- you can get far more comprehensive versions, but I personally think they’re unnecessary. The form basically asks for previous rental history (if that’s applicable) and the authorization for the landlord to perform a credit check.

Tenant Reference Form Details

The form is broken down into 3 simple sections:

• Prospective tenant’s current details
• Prospective tenant’s previous addresses and rental history
• Authorization to perform a credit check

What if my prospective tenant has no rental history?

The second section of the form looks like the above image. But obviously, not all tenant’s will have rental history. In that case, I just allow the fields to remain empty, but ensure that they fill in the other sections.

Personally, I find tenants with rental history a lot more desirable because it enables me to get references from their previous landlords – nothing gives a truer picture than legitimate references. It’s just like when someone goes for an interview – experience is key.

Download

Here’s a copy Tenant Reference Form I make my prospective tenants complete. Feel free to use it.
Tenant Reference Form

Does anyone else bother to make prospective tenants’ fill in a similar form?

Related posts:

I Use Facebook To Reference Prospective Tenants
Tenant Guarantor Form
List Of Tenant Credit Check Services For Landlords

What is a section 8?

A “section 8 notice to quit” is used to terminate an Assured Shorthold Tenancy Agreement during the fixed term because a tenant has breached the agreement (e.g fallen into rent arrears).

A landlord cannot evict their tenant without first obtaining an order for possession from a court. Before applying to the court for this order, the landlord must serve a “Section 8 notice to quit” form on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought.

Breach of agreement by tenant

The most common type of breach during the term of the tenancy is for non-payment of rent. However, any breaches of the terms of the tenancy agreement justify possession proceedings (e.g. damage to the property).

In order for the section 8 to be valid, the landlord must rely on specify which grounds set out in Schedule 2 of the Housing Act 1988, the tenant has breached.

How to serve a Section 8 Notice

To start proceedings, you must first inform the tenant, using the section 8 notice, that you wish to seek possession. The Notice of Seeking Possession is issued under section 8 of the Housing Act 1988 and must be served in the prescribed form – ‘section 8′. The notice could be included with a final rent reminder letter.

Any errors made when issuing the section 8 notice (which is extremely common) is likely to delay the landlord gaining possession. That’s why it is always advised to seek legal advise before issuing a section 8.

Service of the Notice

The notice can be served by post or in person. If there is more than one tenant, the notice must be served on all tenants.

The courts will recognise the day of postal service as the day on which the letter would normally have arrived.

It is recommended that a colleague witnesses the sending of the notice. When using postal service, it is recommended that the notice be sent by recorded delivery for proof of delivery, and that a minimum of three working days is allowed for the notice to arrive.

The Grounds For Eviction

The ground you wish to evict your tenant on will need to be stated in the section 8 form.

These Grounds are contained in Schedule 2 HA 1988. The grounds fall into 2 categories:

• Grounds 1-8 (Mandatory) – the court must make the possession Order
• Grounds 9-17 (Discretionary) – the court will make the Order only if it is reasonable to do so.

The amount of notice required to be given to the tenant will vary depending on which Ground the tenant is being evicted on. If the landlord is relying on ground 2, two months’ notice must be given. If the landlord is relying on grounds 8, 10, 11, 12, 13, 14, 14A, 15 or 17, two weeks’ notice must be given.

Once the Tenant receives the Notice

Once you have issued the section 8 notice on your tenant, you are required to wait until the notice has expired – this is the date you give on the notice. Approximately 80% of tenants leave after being served notice.

If the tenant has not vacated, or paid up any rent arrears by this point, then it will be necessary to start court possession proceedings. This is done by obtaining the appropriate forms from your local court (forms N5andN119) and payment of the appropriate court fee.

In most cases, once a tenant receives the 8 notice, they vacate the property, to avoid any court hearings. However, if this is not the case, the landlord should apply for a possession order from a court.

Here’s more information on Evicting Tenants.

Does serving a Section 8 Guarantee A Possession Order?

Serving a section 8 notice does not guarantee that the court will grant a possession order for the tenant to vacate. It depends on which grounds are relied upon as well as the strength of the the landlord’s argument.

However, Grounds 2 and 8 of a section 8 notice are mandatory, meaning that if a landlord is evicting a tenant that has breached either of those grounds and can prove to the court that the tenant is guilty, then the court MUST be in the favour of the landlord and issue the landlord with a possession order.

Grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 are discretionary grounds, meaning that the court will not necessarily side with the landlord even if he/she can prove that one of the grounds applies. If this is the case, it is at the court’s discretion to determine whether to grant a landlord a possession order. The court will look at the facts and evidence and then make a decision.

If a court is satisfied that a landlord is entitled to possession on one of the grounds, then the court will grant a possession order to take effect within 14 days. In some cases, the court may extend this to six weeks if it will cause the tenant to experience exceptional hardship.

Related posts:

Difference Between Section 8 And Section 21 Notice
Section 21 – Notice of Possession Order Form
Notice Of Rent Increase Form – Section 13

Has your dumbass tenant fallen behind on payments?

Unfortunately, I have one particular tenant that does it all the time. Granted, it’s usually only by a week or so, but still, it’s frustrating. I feel like screaming at her:

What’s the f’ing point of consistantly paying 1 week late? Surely it would make my life easier if you paid on time because it would spear me from chasing you, you idiot!!! I have better things to do than chase you.

Alas, I’m too weak and pathetic to shout at her, consequently I just approach her like a little girl and gently remind her, while feeding her grapes and fanning her with fresh peacock feathers.

Every month, without fail she feeds me some lame excuse which I couldn’t care less about. It’s usually on the lines of:

Oh, i’m really sorry, i’ve been completely flat out this month, it slipped my mind.

Blah blah blah! How can it slip her mind if I remind her every month? The most annoying factor is that everytime I chase her up on late payments, she ensures me it won’t happen again.

Don’t get me wrong, she’s a nice woman, and overall, besides from her “1 week late” habits, she’s a very decent tenant. She’s never not paid (*touches wood*), so I never get overly concerned.

It’s important to use papper

As a landlord it’s good practise to document every important conversation between you and the tenant. Why? Because physical proof can be the difference between winning and losing a case in court (that’s the worst case scenerio).

In this instance, if you’re reminding your tenant(s) that they have fallen behind on payments, you can send them a rent arrear reminder form. It’s good practise because if your tenant eventually needs evicting rent arrears, you can actually show, in court, the letters you sent.

Moreover, sending a written reminder, as opposed to a verbal, might be the landlord’s optional choice, or perhaps only choice. For example, the tenant might not pick up the phone.

Here is a rent arrear reminder form that you can send your tenant if they fall behind on rent:

Rent Arrear Reminder Form 1

If they ignore the first one, you can send this one before taking legal action:
Rent Arrear Reminder Form 2

Related posts:

Notice Of Rent Increase Form – Section 13
Accepting Rent In The Form Of Sex
Why Do I Have To Chase My Tenant For Rent And Listen To His Lame Excuses?

What is a section 21 notice?

Under the Housing Act 1988, a landlord who has granted an assured shorthold tenancy has a legal right to get his/her property back at the end of the tenancy. For this to happen, the landlord is required to follow the correct legal procedure, which includes serving a Section 21 notice (under section 21 of the Housing Act 1988) to the tenant.

Types of section 21 notices

There are two types of section 21 notices. One is formatted specifically for notices served before the end of the fixed term and the other for after, which is known as a periodic tenancy.

Serving a section 21 during the fixed period
If you serve the notice before the end of the fixed term (including the last day of the fixed term) the notice must give a notice period of at least two months, and you will need to use a s.21 (1)(b) Notice.

So for example, if the fixed term starts on 15th January for a fixed term of six months (fixed term ends on 15th July), and you serve the notice on 8th June, the tenant will be entitled to remain in the property until the 8th August.

A s.21 (1)(b) cannot expire before the end of the fixed term but can be served at any point within it. A s.21 (1)(b) Notice does not have to be in any specific form and does not have to expire on any specific date, as long as the Notice gives two clear calender months notice of the landlords intention to recover possession then it is most likely legal.

Serving a section 21 after the fixed period (during periodic tenancy)
If you serve the notice after the fixed term, you are required to serve a Section 21 (4)(a) Notice, during a periodic tenancy, which for our example would mean on any day after 14th July, there is an extra requirement.

The notice must still give the tenant a notice period of not less than two months. However, the notice must give a date which must be the last day of a ‘period of the tenancy’. If this date is wrong, the notice will be invalid, and any claim for possession based on it will be invalid.

Under the provisions of the Housing Act 1988 (s5) a periodic tenancy will start immediately after the fixed term ends. So in our example this will be on 15 July and the periods will run from the 15th day in the month to the 14th. So any section 21 notice must give the first 14th day in the month after two months after service of the notice.

This is the difference in Section 21?s. A section 21 (4)(a) must be served in a specific form and must expire on a specific date. Example, rent is due on the 26th of a month, the ‘period’ of my tenancy is from the 26th to the 25th. A section 21 (4)(a) Notice must expire on the last day of a period of a tenancy, the 25th in the example that I have used. (Landlords can know use a rider instead of putting in a date but lets keep it simple).

Section 8

The important point about section 21 is that it allows the landlord to repossess their property as of right. Please note, if you want possession during the fixed term then it can only be obtained if a breach of contract has been proved. A Section 21 notice is not appropriate. Use a Section 8- notice to quit instead.

When can I serve a section 21 notice?

The landlord can serve the notice at any time, so long as there is no problem regarding tenancy deposits or obtaining an HMO license. More explained in the “When is a section 21 not valid” section.

Serving a section 21 can only be used to regain possession of a property at the end of an assured shorthold tenancy – it cannot be used to speed up possession during the fixed terms agreed, unless there is a break clause in the tenancy agreement.

If you want to regain possession before the end of the agreed term, as mentioned, you can serve a section 8 – notice to quit, on the basis that the tenant has breached contract.

When is a section 21 not valid?

You cannot serve a section 21 in either of the following cases:

• where a tenancy deposit has been paid to the landlord/agent but not protected in a government authorised tenancy deposit scheme
• if the property is an HMO which ought to be licensed but is not

How long the notice remains valid and usable?

A section 21 notice will remain invalid indefinitely, until it is ended by a new tenancy agreement being signed with the tenant. After this the landlord will need to serve a new section 21 notice.

Service Of Notice

A section 21 notice may be served by post or in person. The courts will recognise the day of postal service as the day on which the letter would normally have arrived. It is recommended that the sending of the notice is witnessed by a third party. If you decide to use the postal service, it is recommended that the notice be sent by recorded delivery and that a minimum of three working days is allowed for the notice to arrive.

A section 21 notice can be served at any time, provided the tenancy deposit has been protected and the property does not need an HMO license. The notice must,

• give the tenant not less than two months notice
• not end before the end of the fixed term (so if it is served towards the beginning of the term, the notice period can and should longer than two months)
• say it is served under section 21

Who do I address the notice to?

All the tenants must be named. As a precautionary measure, serve each individual tenant with a seperate notice. You should request that the tenants sign and return a copy to you.

Always keep a copy of the notice served and of any covering letter.

My tenant won’t leave

Once you have issued the section 21 notice on your tenant, you are required to wait until the notice has expired (this is the date given on the notice) before you can start possession proceedings.

Once the notice has expired, you should apply for an Accelerated Possession Procedure. This is a quick method for landlords to gain possession of their property. The procedure is called accelerated because in most cases the Judge makes the order based on the paperwork, without the need for a court hearing.

Please note, this method can only be used when:

• the tenancy is an assured shorthold tenancy (AST)
• there is a written form of tenancy agreement
• a valid form of section 21 notice has been served on the tenant
• the notice period (two months) in this notice has expired
• HMO landlords who need a license, have got one
• any deposit has been properly protected and the notice with prescribed information served

If you use the procedure, you can only claim possession and your costs of making the application. You cannot, for example, include a claim for arrears of rent. The court will normally make its decision by looking at the documents (‘written evidence’) which you and your tenant provide. Because your application will be dealt with in this way, you must give the court all the written evidence it needs to make its decision at the outset.

Go to the official Accelerated Possession Procedure HMCS page for more details on how to go down this route.

Related posts:

Notice Of Rent Increase Form – Section 13
Difference Between Section 8 And Section 21 Notice
Section 8 Notice To Quit Form- Evicting Tenants

A Guarantor form acts as a legal piece of insurance to protect the landlord against rental loss, damages and any ensuing legal fees that can be incurred by your tenant.

A “Guarantor” is typically a friend or family member of the tenant and has agreed to vouch for the tenant and accept the liabilities on behalf of the tenant. The Guarantor form is a legal contract enforcing the agreement. Essentially, in the event of a tenant being unable to meet their obligations under the tenancy agreement, whether it is for overdue rent, damage to the property or whatever, the Guarantor is legally bound to accept the liabilities on behalf of the tenant.

Putting a Guarantor agreement in place is extremely common as it provides a thick layer of security for landlords at no real extra cost.

The guarantor form is NOT a substitute for an Assured Shorthold Tenancy Agreement; it should always be a supplement to the tenancy agreement.

What is typically found in a Guarantor Contract?

While Guarantor forms/contracts differ from one another, they all generally contain the same information, which is as follows:

• Date – the date at which the Guarantor form was signed
• Guarantor – the name of the Guarantor
• Landlord – the name of the landlord
• Tenant – the name of the tenant that is being Guaranteed
• Property – the address of the property that is being rented
• Tenancy Period – the start and end date of the fixed terms of the tenancy
• Rent – how much rent is being paid
• Guarantee Terms – the terms of the guarantee
• Guarantor’s Obligations – a list of obligations the guarantor is agreeing to
• Signatures – the Guarantor’s signature. It is also recommended to get a signature from a witness.

Why do I need a Guarantor?

You don’t actually need one; it’s not a legal requirement, it’s completely optional. However, I wouldn’t advise to go without one because it provides that extra security. If there’s one thing I’ve learned from being a landlord, it’s that you can never be too careful; even the most reliable seeming tenants can fall into arrears.

When and who signs the Guarantor form?

The landlord, Guarantor and witness of the Guarantor needs to sign the contract. The landlord should ensure that the Guarantor agreement is signed and witnessed before the tenancy agreement is signed.

What if my tenant falls into arrears?

If your tenant owes rent or needs to cover any other costs, then that’s when you chase the guarantor for the money. If the guarantor fails to make payment, then you can legally take the guarantor to court. On that note, always make sure that the guarantor has sufficient collateral before allowing them to be the guarantor. A lot of landlords hold a strict screening process for acceptable guarantors e.g. a good job and owning a property are common prerequisites.

In the past I have had to chase a guarantor because my tenant fell 2 months in arrears with her rent payment. Eventually, I ended up evicting the tenant. However, having a Guarantor in place saved me from losing 2 months worth of rent.

How does a Guarantor stop being a Guarantor?

If the tenancy is for a fixed term (e.g 14th May 2007 – 14th May 2008), then the guarantee applies for the whole of the term and is not revocable during that term. If the Tenancy Agreement becomes periodic, then the guarantor will STILL be the guarantor. However, when the fixed term is over and becomes periodic, the guarantor can opt out of the deal by writing to the landlord to terminate the agreement. This is perfectly legal and has been tested in court. The guarantor should give “reasonable” written notice that he/she no longer wishes to be bound by the terms of the deed of guarantee (beyond the fixed term).

A fixed term contract is when two dates are specific in the Tenancy Agreement, in which the tenant has rights to live in the property. The agreement becomes periodic when the agreement expires, but tenant and landlord have agreed to continue the tenancy without signing new contracts. In that case, the previous contract rolls over and becomes periodic.

Note, the guarantee will be automatically canceled if the tenant signs a new tenancy agreement with the tenant, or if the terms of the existing tenancy agreement are changed E.g. if the rent is increased. In this case the landlord will need the guarantor to sign a new guarantee form. The Guarantor can only be held responsible for the tenants liability under the terms of the tenancy agreement the tenant has seen and agreed to. If these terms are changed, they have to approve this before they can be held liable under it.

If the a Guarantor requests to terminate the Guarantor agreement and the landlord agrees, then that can be taken as a valid termination. If this happens, get this from the landlord in writing for clarity.

A Guarantor agreement is also terminated in the sad incidence of a death, either of the tenant or the guarantor.

Types of Guarantor Forms

The Guarantor form is commonly found as part of the Tenancy Agreement Form (with in the same contract), but it’s also extremely common and legit to have a completely separate contract for the Guarantor.

I personally prefer keeping separate contracts. But there really is no difference legally.

Referencing Guarantors

Referencing Tenants should be standard practice for all landlord/letting agents, but it’s also important to reference the guarantor as well. There is no point in having a guarantor that wouldn’t be able to cover unpaid rent.

Related posts:

The Risks Of Being A Tenant Guarantor
HELP, I Can’t Get A Guarantor
Notice Of Rent Increase Form – Section 13

What is an inventory?

The Inventory is a listing of all the contents of a property and a record of the condition of the property. It’s also referred to as a “schedule of condition“. The form is designed to help monitor the condition of the property/items before a tenant moves in and just before a tenant leaves, so it can be made clear what damages, if any, need to be paid for out of the deposit.

This is a step often skipped by landlords’ and tenants’, when it really shouldn’t be. An inventory can prevent a lot of disputes between tenants and landlords, so it’s extremely useful.

How is an Inventory prepared?

The Landlord, Letting Agent or an Independent Inventory Clerk should prepare the Inventory which should be agreed with the tenant on move-in day. The Landlord/Agent and tenant(s) should sign the Inventory and initial every page to signify agreement.

Photographic or video evidence of the property contents and condition is optional but often a wise safety net. How thorough you want to be can often depend on how valuable the items in the property are. Obviously the more valuable items like a cooker and washing machine should be captured with imagery, so there is no question of their condition.

When Should the inventory be cross-checked?

It is common, and advisable, for landlords or agents to make regular inspections when managing a tenancy. Inspecting on a quarterly basis (every 3 months) to compare the inventory with the current condition should be perfectly acceptable to both parties. It’s important to remember that a tenant needs 24 hour notice in writing before an inspection is made.

The final inventory check at the end of tenancy

Ideally, on move out day the landlord should do a final inventory check. The inventory must be checked and agreed with the tenant before the deposit being returned.

It’s imperative that the inventory is checked immediately before the tenant leaving, so there can be no argument about any damage occurring after the tenant has gone. The deposit should only be handed back with in 7 to 14 days if there are no outstanding issues when the inspection is complete.

What happens if items have been damaged?

If there’s a general consensus between the parties on what has been damaged, then estimates should be drawn up for repairs/replacements. The tenant should be informed of all the costs in writing and amounts of deductions from the deposit.

A tenancy deposit scheme should be holding the deposit, so they should be made aware of what has been agreed, so they can distribute the deposit accordingly.

If the deposit doesn’t cover the amount needed to carry out the repairs, an invoice itemising all costs involved for additional payments should be sent to the tenant. If the tenant is insured, this evidence should be provided for the insurance company.

If items need to be replaced then it’s the landlords obligation to consider betterment. This means that the original age and condition of the replaced item should be taken into account when estimating the replacement cost.

What if the parties Cannot Agree?

If the parties cannot reach agreement as to which items have been damaged, the severity of the damage, the repair or replacement costs etc, then great care should be taken in:

• recording the state and condition with photographs
• obtaining estimates and repair or replacement costs
• informing the tenant/landlord in writing

All disputes will be handled by the tenancy deposit scheme the money is secured with. They will offer a free service to help resolve disputes.

Each scheme will contain an alternative dispute resolution (ADR) service, so both tenant and landlord will need to contact the appointed scheme. If both landlord and tenant agree to use the service, they will have to agree to accept its decision and will not be able to apply to the courts. If you or your landlord do not agree to use the Tenancy Deposit Scheme service then the dispute will usually go to the county court.

Is an Inventory needed for an unfurnished property?

The Short answer is yes. Even if a property is deemed as unfurnished, there will still be items that can be damaged and costly to replace e.g sinks, carpets, condition of walls etc. Consequently, it is still crucial to have a detailed inventory.

Download Property Inventory Form

Property Inventory Form

The form can be modified so it suits your requirements.

Does anyone use an Inventory Form, if so, has it been helpful?

Related posts:

Guide On How To Put A Property Inventory Together
The Importance Of An Inventory
‘The Good Landlord’ Test- Find Out If Your Prospective Landlord Is A Scumbag

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.

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 25k per year in rent (This will, however, change to 100k from October 2010)
• If the property receives very low, or not 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.

Different types of Tenancy Agreements

Tenany 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.

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.

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
• in good working order
• 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.

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
Can My Tenant End A Tenancy Agreement Early?
Read The Tenancy Agreement Before Signing, Idiot