Landlord FAQ- The Community Knowledge
WELCOME! The Landlord FAQ is here for Landlords to share and learn Landlord knowledge- the aim is to build a useful library of information for Landlords.
FAQ on specific topics
- Energy Performance Certificate (EPC) FAQ
- Evicting Tenants FAQ
- Health And Safety In Rented Property FAQ
- Landlord Home Insurance FAQ
- Landlord Responsibilities FAQ
- Landlord Rights FAQ
- Problems With Agents FAQ
- Tenancy Agreements FAQ
- Tenancy Security Deposit FAQ
- Tenant Guarantor FAQ
- Tenants And Rent Issues FAQ
- Tenants Rights FAQ
Recently Answered Questions For Landlords
Energy Performance Certificate (EPC) FAQ
I am selling a property and have the EPC from the previous owner, is this still valid for me to use when selling?
ANSWER 1. The EPC is valid for ten years so you can use the EPC from the previous owner unless ten years have elapsed then you'll have to get a new one.
What is the penality for not having an energy performance certificate (EPC)?
ANSWER 1. The local weights and measures authority, which will be the trading standards department for the area, is responsible for enforcing the regulations that require EPCs to be produced for rented dwellings. An authorised trading standards officer (tso) has powers to ask a landlord who appears to be or to have been under a duty in the regulations to produce for inspection an EPC
and recommendation report if the tso suspects that an offence has been committed. This might occur, for example, if a prospective tenant complains that they have not been given access to a copy of the EPC, or if the tenant does not receive the EPC when he takes up the tenancy.
if the landlord has failed to provide an EPC to a tenant, or fails to show an EPC to an enforcement officer when asked, trading standards can issue a notice with a penalty charge of £200 per dwelling. In addition to paying the penalty notice, the landlord will still have to provide an EPC to the person who has become the tenant.
Tenancy Agreements FAQ
Who keeps original copy of the tenancy agreement?
ANSWER 1. There should be one copy for the tenant, one for the landlord and if an agency is involved, one for them too. Every copy should be signed by the tenants and landlord/agency. So both parties get an original copy, not photocopies.
What is the difference between a fixed tenancy and a periodic tenancy?
ANSWER 1. A fixed tenancy is over a fixed period of time, normally 6 months but may be shorter or longer depending upon how it is written. A periodic tenancy runs from month to month.
during a fixed term neither the landlord or tenant may end the tenancy early. The tenancy may be 'surrendered' by either party but there may be punative financial consequences for either party by doing so. A fixed tenancy under an assured shorthold tenancy agreement automatically becomes a periodic tenancy agreement following the completion of the 'fixed term' and the tenant needs only to give one months notice to leave as opposed to two during the fixed term. The landlord must still give two months notice under a periodic tenancy. All other clauses of the original assured shorthold tenancy agreement remain in force.
Tenancy Security Deposit FAQ
What happens if I gave my deposit to an agent to secure and they go into liquidation? Can I get my tenant's deposit back?
ANSWER 1. Unless you are a secured creditor, i.e. a bank or the hmrc, then you are unlikely to see any money back if th ecompany goes into liquidation.
however, you as the landlord are responsible for the return of the deposit to the tenant irrespective of whether it was taken/held by an agent. You should always ask to see the agents 'client deposit account' as a matter of course but if the agent decides to spend it on a vacation to the bahamas then that is your loss. You still have to return tthe deposit to the tenant. Period.
I'm a live in landlord, my tenant lives in the same house as me, he has a tenancy agreement. Do I still need to secure his deposit?
ANSWER 1. As a live in landlord you can not use an ast. You do however give your lodger a "licence" to use the communal areas of your property along with the use of their bedroom. However, ast or not, as a landlord you still have to secure any security deposit.
Landlord Responsibilities FAQ
What is the landlord obligated to repair?
ANSWER 1. The landlord is obligated to repair the structure of the property including the roof, walls, doors etc. Essentially, if you turned the house upside down, anything that did not fall off/out is down to the ll. The landlord must maintain the property so that is is safe and habitable at all times. The landlord must also maintain access to and from the property including driveways and paths ensuring that they are safe and clear from obstruction to avoid injury. If someone is injured and the maintenance, or lack of it, can be shown to be at fault it is likely the insurers will not pay out and you may be sued through the civil courts for damages. Failure to obey health and safety guidelines may lead to criminal prosecution for breeches of building code/regulations or for shoddy, sloppy or dangerous repairs and maintenance proceedures.
white goods are a, forgive the pun, a grey area. Under warranty it is down to the manufacturer outside of warranty it is down to the good nature and morals of the landlord.
My tenant has given me notice of disrepair. If he has not paid the rent do I still have to carry out the repair?
ANSWER 1. Yes. If you do not carry out the repairs promptly the landlord is open to a counter claim for disrepair if the normal route tenant eviction procedure is started. Dealing with this counter claim will add legal costs and delay to your claim.
Tenants And Rent Issues FAQ
Can the landlord increase the rent during the tenancy?
ANSWER 1. Under and assured shorthold tenancy agreement the landlord can only increase the rent if it is agreed to by the tenant and then only when the amount of increase is 'reasonable'. You can't just add £300 a month to the current rent. It must be an inflationary increase or similar.
if the tenant does not agree then you can't raise the rent. All rent increase proposals must be made in writing.
My tenant has fallen behind with the rent, what should I do?
ANSWER 1. Serve a section 21 notice. As soon as there are two months of rent owing serve a section 8 notice. Tenant eviction through the courts can take between 2 and 3 months so be sure that all your paperwork is correctly prepared. It's advised to seek legal advertise.
ANSWER 2. Talk with your tenant and find out why there is late payment. Ask if there has been a job loss or any other change in circumstances. Suggest that the tenant apply for housing benefit or that a family member or friend helps out with the payments.
Health And Safety In Rented Property FAQ
Does my landlord need to provide a rcd on the electric? It currently had no trip swtiches as old wiring
ANSWER 1. In a word...No. In fact there's no legal obligation for a landlord to even carry out a "periodic inspection report" to assess the safety of the existing electrical installation.
changing an old rewireable fuse board for a modern dual rcd consumer unit would be a good move though, offering greater protecion against electric shock, but can uncover hidden problems like nuisance tripping when it's done.
i'd always recommend it though. Better safe than sorry.
The back fence in my garden is old, weak and really needs replacing, but the landlord says its not his responsibility. Is that true?
ANSWER 1. The starting point is to check the title deeds. Ask your landlord for a copy but if he refuses you can check online at land registry for £4. If the deeds say nothing (which unfortunately they often do) have a look on site. The posts are normally situated on the land belonging to the owner.
Problems With Agents FAQ
Can an estate agent remove a tenant from a property if the landlord wishes to change estate agents and terminate the contract with the original estate agent. Bearing in mind the initial contract period is over and the landlord wishes to keep the tenant.
ANSWER 1. The simple answer is no. However, the letting agent will normally have a provision in the contract with the landlord as regards payment of commission in this eventuality.
My properties are fully managed by a letting agent. With my permission, the letting co placed a tenant with two dogs, the dogs are much larger and of a different breed than described by the letting company. Have they failed to take necessary steps to protect my interests and should they have been more diligent?
ANSWER 1. Yes they should have been more diligent. However you allowed the tenant with their dogs? If it is in the contract that they are allowed then you can't do anything. If it's not than you can. I'd change the letting company.
Landlord Rights FAQ
Can I put an age restriction on the tenants I want to accept when marketing my property? e.g. I only want tenants over 50yrs old
ANSWER 1. No - you are discriminating against age. If you put it into the advert then you are asking for trouble, but if however you have it in your head and don't tell anyone then it will be difficult to prove! Additionally,specifying a lower age limit i.e. No one under age 21 etc is discrimination.
Can I claim the complete cost of replacing/repairing damage by tenants?
ANSWER 1. There is a thing called betterment. Basically you can only claim the amount that would bring the property back to the condition it was in when the tenants took over. Any 'betterment' ie completely re-painting as opposed to doing just one or two walls will cause an issue since you will have to pay for anything other than the damaged walls.
Evicting Tenants FAQ
I have received a letter from the tenant's legal representative should I reply?
ANSWER 1. When a tenant is legally represented you should obtain advice immediately. If a solicitor has taken on the tenant's case it is likely that he has a sound claim and that the tenant eviction procedure will be complicated.
My tenancy agreement says that if the tenant does not pay the rent that I the landlord can take possession. Can I take possession now that the tenant has not paid the rent?
ANSWER 1. No. Landlords must always obtain a possession order either via the accelerated or normal tenant eviction procedure routes in order to take possession of property.
Tenant Guarantor FAQ
How do I stop being a guarantor?
ANSWER 1. As a guarantor, you would have signed and entered a contract with the landlord. Assuming the contract has been drawn up correctly, a contract can only be broken in 4 ways: agreement between both parties (e.G the landlord lets you off), performance (e.G the tenancy agreement has come to an end by way of a relevant section 21 notice), breach (e.G one of the parties violates the terms but this must be shown in court) or finally frustration (e.g. Someone dies). If you want to stop being a guarantor, the best option you would have is to contact the landlord and come to an arrangement but until that happens you are contractually obliged to fulfill the terms of the agreement.
Do I need a guarantor for my tenant?
ANSWER 1. Having a guarantor is the landlord's personal choice. 'Need' is therefore a matter of perspective.
Tenants Rights FAQ
Am I allowed to keep pets?
ANSWER 1. You can keep pets as long as it is not specifically forbidden in the tenancy agreement and it does not cause a nuisance to neighbours.
you should normally seek your landlord's permission because, even if you have a legal right to keep pets, if your landlord does not approve, you may end up getting evicted.
How do I find out who my landlord is?
ANSWER 1. You can write to the person who last collected your rent, asking for your landlord's full name and address. You should send this letter by recorded delivery and keep a copy. If the person to whom you have written does not reply within 21 days, this is a criminal offence. You can inform the tenancy relations officer of the local authority, who can prosecute the person who has failed to provide the information.
Landlord Home Insurance FAQ
Is it possible my insurer can reject a fire claim if the appliance that caught fire wasn't pat tested. It was my understanding that pat testing wasn't a legal requirement. I didn't have it done as I didn't know about it until there was a fire. There is no mention in the policy anywhere about pat testing but i'm told that my policy my be invalid and therefore me ineligible to claim because the item wasn't pat tested. It's only two years old as well and was working fine until the incident.
ANSWER 1. Insurance companies will do everything in their power to wriggle out of paying a claim. Period. Pa testing of appliances is a legal requirement for HMO's (houses in multiple occupation)and must be completed by a 'competant person' on a yearly basis.
tenants personal electronic/electrical items do not fall into this requirement. If it is their equipment that causes the fire then there should be no issue. If it is your equipment then that is a different matter.
pat testing only assures that the equipment is safe to the user - ie ensures that the equipment will not provide a fatal electrical shock, but like the mot test for vehicles, it only says it is safe on the day it was tested. The inspector cannot see inside the equipment and is unlikely to be suitably qualified to be able to judge whether the heating elements of a tumble dryer wont burn out or the motor wont sieze in a weeks time.
the pat inspector is looking for incorrect plugs (the live and neutral pins must have isolation on them)frayed wires, wires exposed from entry points, soot marks and signs of burning/burned insulation on flexes, overloading of sockets and extensions/wandering leads etc.
the pat tester itself tests for earth bonding of appliances, insulation of appliances and sometimes a high voltage flash test to ensure that voltage wont leak back to the operator.
Do landlords need a special kind of building insurance or will a regular residential building insurance suffice and keep valid?
ANSWER 1. In short, yes. A standard buildings insurance policy will not ordinarily cover letting. Chances are, if you have a claim and they find out the property is let, they will decline the claim.
I initially started this website because I wanted to document my every step from property idiot to property landlord,
in hope that people would find my site and help me along the way. I literally didn't have a clue about being a landlord
when I started this website.