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)
- Evicting Tenants
- Landlord Home Insurance
- Landlord Legal Issues
- Landlord Responsibilities
- Landlord Rights
- Tenancy Agreements
- Tenancy Deposit Scheme
- Tenants And Rent Issues
- Tenants Rights
Recently Answered Questions For Landlords
Landlord Rights
Is There A Limit To How Much Of A Security Deposit A Landlord Can Ask For From Their Tenant?
ANSWER 1. The Most A Landlord Can Charge For Any Security Deposit Is The Total Of Two Month's Rent For An Unfurnished Property, Or Three Month's Rent For A Furnished Property.
I Want To Enter My Property To Inspect It, But My Tenant Won't Respond To Any Of My Letters. What Are My Rights?
ANSWER 1. If The Tenant Will Not Let You In, There Is A Not Much You Can Do, As If You Enter Without Permission This Is Trespass. I Would Suggest That You Write To The Tenant Telling Her That As She Has Failed To Allow You Access To Inspect The Property, You Cannot Be Held Responsible For The Property's Condition
Landlord Responsibilities
My Landlord Has Failed To Fix The Shower For More Than 2-3 Month, Do I Have The Right To Take The Matter Into Court And Ask For Compensation?
ANSWER 1. You Do Have The Right. However, There Is A 'pre Action Protocol' You Need To Comply With First (do A Search In Google). You Can Also, Provided You Follow The Proper Procedure, Get The Work Done Yourself And Set Off From Your Rent. However, It's Best To Seek Legal Advice In This Situation.
Is The Landlord Responsible For All Electrical Appliances In The Property?
ANSWER 1. The Landlord Is Responsible For Ensuring That Any Electrical Appliances Supplied With The Accommodation Are Safe. This Includes Heaters, Cookers, Kettles, And Any Other Electrical Goods.
If The Tenant Uses His Or Her Own Electrical Appliances, Then They Are Responsible For Those.
Tenancy Agreements
I Have One Tenancy Agreement For 3 Individual Tenants. One Of Them Wants To Move Out. Do I Have To Bring The Whole Tenancy To An End And Create A New One? What Do I Do?
ANSWER 1. You Should Create A New Tenancy Agreement, Which Should Be Signed With The Remaining Tenants. You Will Also Need To Inform The Tenancy Deposit Company You Are Using Of The Changed Situation.
I Would Like To Introduce A New Clause To The Ast, Which Enforces A £15/week Penality If Rent Is Not Paid On Time. Is This Possible?
ANSWER 1. A Clause Like This Is Likely To Be In Breach Of The Unfair Terms In Consumer Contracts Regulations 1999. This States (more Or Less) That Clauses Which Impose An Unfair Burden On Consumers Or Which Try To Change Their Legal Rights Will Be Void And Unenforceable. The Office Of Fair Trading (which Polices The Regulations) Has Indicated That It Will Consider Penalty Clauses Which Do Not Reflect The Actual Cost To The Landlord Of The Tenants Breach To Be Unfair. Virtually All Tenancy Agreements Will Be Subject To These Regulations As Most Landlords Will Be Considered To Be Business.
Evicting Tenants
My Tenant Is In Rent Arrears And Will Not Answer The Door Or His Phone, And He Has Changed Locks. How Do I Gain Entry?
ANSWER 1. You Can't Gain Access Unless You Have A Court Order For Possession And Enter With The County Court Bailiffs. Landlords Do Not Have Any Rights To Enter The Property Against The Tenant's Wishes. The Only Exception Is When The Property Is In A State Of Emergency E.g. If The Property Is On Fire. If You Try To Enter When The Tenant Has Indicated That He Does Not Want You To, This Will Be Harassment Which Is A Criminal Offense.
My Landlord Has Failed To Pay His Mortgage And May Get Repossessed. I Still Have A Tenancy Agreement Until Next Year. What Are My Rights?
ANSWER 1. Mortgage Companies Now Seem To Be More Willing To Appoint A "receiver Of Rent", As Opposed To Evicting The Tenant So They Can Sell As Mortgagee In Possession. This Means That Tenants Can Stay In The Property, Paying Their Rent To The Mortgage Company Rather Than The Landlord.
It Is Always Worth Getting In Touch With The Mortgage Company And Suggesting That They Should Consider Appointing A Receiver Of Rent And Allow You To Stay In The Property.
Landlord Legal Issues
I Am Thinking Of Renting Out A 2 Bedroom Flat. One Of The Rooms Has No Window. Is This Legal?
ANSWER 1. This Probably Goes Against Fire Regulations. Contact Your Housing Officer At Your Local Authority, He/she Will Advise You. Keep A Record Of Any Advice Given, Just In Case There Is A Problem Later
Tenants Rights
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.
Tenancy Deposit Scheme
My Tenant Is Taking Me To Court Because I Didnt Secure His Deposite. I've Given Him His Deposit Back, Can I Still Get In Trouble?
ANSWER 1. If You Didn't Secure The Deposit At All, (and The Tenancy Is An Ast) Then I'm Afraid So.
If You Secured The Deposit Late, Then You May Be Alright - I Believe It Is Still Legally Grey Area With Current Cases.
I Forgot To Put My Tenants Deposit Into A Scheme With In 14 Days. Is It Too Late To Do It And Can I Still Be Prosecuted?
ANSWER 1. It's Not Too Late. You Cannot Be Prosecuted.
If The Tenant Tries To Take Legal Action And The Landlord Has Either Repaid The Deposit To The Tenant Or Protected It Before The Case, Then The Court Cannot Order What Has Already Been Done. The Court Cannot Also "order The Landlord To Pay To The Applicant A Sum Of Money Equal To Three Times The Amount Of The Deposit."
Tenants And Rent Issues
Can My Landlord Increase Rent? Can He Do It In The Middle Of A Fixed Contract?
ANSWER 1. If The Ast Includes A Rent Review Then It Can Be Reviewed Mid Tenancy, Otherwise It Can Be Reviewed Any Time After The Ast Expires.
Our Joint Tenants Have Stopped Paying Their Rent As The Man Has Lost His Job. Should They Be Claiming Housing Benefit Or Similar To Enable Them To Pay Their Rental?
ANSWER 1. Your Tenant Maybe Entitled To Benefits To Help Pay For Living Expenses. It Depends On His/her Personal Circumstances. Your Tenant Can Find Out If They're Entitled By Going Onto The direct Government Website
Landlord Home Insurance
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.
Do I Need Building Insurance To Let Out My Property?
ANSWER 1. No - Building Insurance Is Not Compulsory But The Most Important Part Of It Is The Public Liability Schedule. This Means That If Someone Falls Down The Stairs, Is Injured In The Garden, Falls Off The Bog Etc You Will Be Insured. Since The Uk Is Becoming Ever More Litigious, Every Landlord Should Have Public Liability Insurance To Cover Themselves.
The Chances Of Something Happening To The House Is Thankfully Relatively Rare (yes I Know There Are Exceptions) But You Are More Likely To Be Sued For Injury. Tenants Are Becoming Much More Savvy About Getting No Win No Fee Solicitors Involved! With Ever Increasing Damages Awards The Cost Of The Insurance Is Cheap. If You Tenant Fell Down Your Stairs Because Of A Worn Carpet Or Inadequate Lighting And Became Paralysed - Could You Afford To Pay The Potential £1,000,000+ Damages From Your Own Pocket?
Energy Performance Certificate (EPC)
How Much Do Energy Performance Certificate's (EPCs) Cost?
ANSWER 1. They Can Vary Depending On Location, But Typically They Can Start From £40 If You Search Around. The More Expensive Companies Will Charge £90. Anywhere In Between Is Generally Right.
How Long Does An Energy Performance Certificate (EPC) Remain Valid For?
ANSWER 1. An Energy Performance Certificate (EPC) Lasts For 10 Years From The Day The Property Is Assessed.
