Practical Tips for Landlords Simon Turner Simon Turner, Legal Services, Stafford Borough Council 1 13/04/2015 Topics Selecting Tenants Contents of the Tenancy Agreement Safety Inventory / Schedule of Condition Repairs Rent Arrears/ other breaches Quiet Enjoyment Simon Turner, Legal Services, Stafford Borough Council 2 13/04/2015 Selecting Tenants Consider tenants referred from Housing Advice Watch out for “friends of friends”, “doing someone a favour” Check identity – driving licence, passport Ask for references Consider credit check Simon Turner, Legal Services, Stafford Borough Council 3 13/04/2015 Why bother with a tenancy agreement ? A clearly written tenancy agreement is essential for both landlord and tenant The agreement sets out what each party will do The agreement sets rules for what happens when things go wrong If you want tenants to do something – e.g mow the grass, not keep pets – put it in the agreement Simon Turner, Legal Services, Stafford Borough Council 4 13/04/2015 Tenancy agreement checklist Amount of deposit Amount, frequency of rent Landlords Address – s. 48 LTA 1987 Refer to grounds for possession that may be relied on – e.g. owner occupier (1), arrears (8,10) persistent delay (11), nuisance (14) Stop the tenant doing certain things Ensure tenant does certain things Define the extent of property let Who pays water rates, Council Tax Simon Turner, Legal Services, Stafford Borough Council 5 13/04/2015 Pre Tenancy Show tenants a blank tenancy agreement Be up front about rent, deposit, any contribution towards preparation costs of tenancy agreement Tell them about the Landlord Accreditation Scheme Simon Turner, Legal Services, Stafford Borough Council 6 13/04/2015 Safety Gas, electric, fire safety – inspect and produce certificates on request Smoke alarms, fire extinguishers, fire blanket – protect tenants & property Advise tenant of means of escape Consider safety of security bars Keep records – this allows easy scheduling of checks, proves you have done them Simon Turner, Legal Services, Stafford Borough Council 7 13/04/2015 Inventory / Schedule of Condition Essential for furnished lets Make an accurate and agreed list Use photos Refer to the list and link it to the tenancy agreement Get the tenant to sign a copy of the inventory before you hand over the keys Check it with the tenant before they vacate Simon Turner, Legal Services, Stafford Borough Council 8 13/04/2015 Excluded Areas of the Property Excluding certain areas of the tenancy – e.g. sheds, attics Mention this in the tenancy agreement Lock the access door Simon Turner, Legal Services, Stafford Borough Council 9 13/04/2015 Insurance Insure the property as appropriate Remind tenants that they should insure their own belongings, as these won’t be covered by landlord’s insurance Simon Turner, Legal Services, Stafford Borough Council 10 13/04/2015 Repairs Landlord should keep property in a reasonable state of repair Consider a planned maintenance programme Simon Turner, Legal Services, Stafford Borough Council 11 13/04/2015 Receipts If rent is paid weekly, provide a rent book (section 4(1) Landlord & Tenant Act 1985) If rent is paid annually provide an annual statement, and if you want to, provide a rent book Simon Turner, Legal Services, Stafford Borough Council 12 13/04/2015 Rent Arrears Make sure you can prepare a schedule of rent arrears quickly and clearly Write to tenant with schedule of rent arrears as soon as they miss a payment Consider serving a notice to end the tenancy – use a section 21 if possible, otherwise use a section 8 You don’t have to evict just because you have served a notice Simon Turner, Legal Services, Stafford Borough Council 13 13/04/2015 Other Tenant Breaches Write to the tenant to tell them what they have done wrong Meet the tenant to discuss how they are going to put things right Consider serving a notice to end the tenancy – use a section 21 notice if you can, otherwise use a section 8 one Simon Turner, Legal Services, Stafford Borough Council 14 13/04/2015 Quiet Enjoyment Try to respect your tenant’s privacy If you have big plans for works, tell the tenant before they take on the tenancy Set out in the tenancy agreement the procedure for inspections, other visits If is a routine inspection contact the tenant to arrange a time and a date (at a reasonable time) Give 24 hours at least (unless its an emergency) Simon Turner, Legal Services, Stafford Borough Council 15 13/04/2015 Simon Turner Solicitor Legal Services Simon Turner, Legal Services, Stafford Borough Council 16 13/04/2015