How Should a Landlord Deal with Winter??

It is now officially winter and it’s time to ensure that your buy-to-let property maintenance is wrapped up before the cold season really sets in.

No matter what time of year, as a landlord, you have a legal responsibility to ensure that your gas and electrical heating equipment and appliances are safe.

Failing to comply may result in you yourself uninsured if there is an incident at your property. This means that a tenant could sue you personally for compensation.

Gas and electricity “To DO List” for landlords

• Keep a record of all gas safety checks for two years.
• Maintain gas pipes, appliances and flues.
• Arrange for a Gas Safe registered installer to annually certify that the gas appliances and flues provided for tenants’ use are safe and give a copy of the certificate to your tenant within 28 days of the check being completed and/or before any tenant occupies the property.
• Before re-letting a property, make sure all gas appliances are safe – including those left behind by a previous tenant.
• If using a managing agent, ensure the contract specifies whether the landlord or agent will arrange the gas maintenance and safety checks. N.B. As landlord, it is YOU that has overall responsibility to meet your legal duties.
• Ensure all electrical equipment and appliances are safe and free from defects.
• Remove all unsafe electrical equipment and appliances.
• Keep records of all electrical checks performed.

 

There are also a few other points that we here at Landlord Support believe will help set your mind at rest…

• Ensure tenants know how to switch off the water supply and Lag water pipes at risk of freezing.
• Check that tenants know how to bleed a radiator. Supply a bleed key.
• Clear guttering of leaves and other debris.
• Check pitched and flat roofs and make necessary repairs, replacing roof tiles and felt.
• Ensure you have all contact details for tradesmen: plumber, electrician, gas engineer, etc.
• Ensure you have adequate landlord insurance and that your tenants have contents cover.

Prevention is ALWAYS better than Cure…

Tags: general, landlords, winter

How should the Landlord deal with Abandonment??

What is the best way to deal with a tenant you think has abandoned the
property?

The only legal way to repossess property, under the Protection from Eviction Act, is to obtain a court order for possession.

Any other method for repossession is always risky, as unlike a section 21 notice it will have no legal status.

The best thing to do if you think your tenant has vacated, is to go into the property yourself (if you can) and look around.  In order to not be accused of doing anything improper, take an independent witness.

If the property is empty and they keys are left you are normally fine to repossess. On the other hand, if the property is full and the keys are not there, you should leave and
start by obtaining and order for possession.

 

If you still need help – call us on 02089529447 Landlord Support Services

Tags: abandonment, evict tenant, help with tenants, landlord advice, landlord help, possession

Tenants -v- Trespassers…

When Tenants become Trespassers

 

“ If they are not paying the rent then just get kick them
out”

Simple.

Right?

Wrong!

Unfortunately in light of current legislation, court procedures and case law in English law this is not so. Infact any Landlord to act on such advice would be foolish and lucky at best. At worst financially stung and frustrated by the maze of law that regulates the relationship between Landlords and Tenants from the day you sign a tenancy agreement.

 

For a Landlord, purchasing a property indicates a preference for a safe investment. Though the granting of a tenancy agreement can turn this into a rather risky business.

The premise seems simple: the full and reasonable use of one’s property in return for a pre- approved rent.

Yet more and more Landlords find themselves in the position of their tenants being in rental arrears; confused and uncertain about their rights and unable to resolve the situation.

If you are a Landlord in this position, your natural instinct may be to handle things on your own. Surely as the tenant is no longer fulfilling their obligations, they have no right to stay in your property?

Wrong.

 

Doing so puts you on the wrong side of the law.

The Protection  from Eviction Act contains extensive provisions criminalising this instinct.  That effect of the act is to ‘grey over’ a black and white wrong.  It permits a
non-paying tenant to stay in your property.

Forgive the lack of sugar coating, but Landlords must be aware of the reality of the legal situation or the financial consequences could be painful. In a recent case Kirklees Council v  Susan Lowe (Bradford Crown Court May 2009) a Landlord was fined £8600 for unlawful eviction alone, and a total of £13,600 for other claims the tenant made.

Mrs Lowe also incurred charges under the Protection from Eviction Act 1977 for causing criminal damage to the tenant’s belongings.  She was given a two year Conditional Discharge and ordered to pay costs of £1,500.

 

If the Landlord is to legally and safely remedy the situation, the procedures which he must follow are rather rigid.  Since 15th October 2001 there are rules are in place which aid the successful eviction of a non-paying tenant. This procedure can take at best two weeks, but at worst can take months.

In the interim the question is: What label can correctly be given to the occupiers of your property? A tenant by definition is  “One that pays rent to use
or occupy land, a building, or other property owned by another.” (English
Dictionary).  So the person can no longer be called a ‘tenant’ in the common usage of the word, although the law continues to give them this name with all the rights that that status affords them.

So what do we call these occupiers? Staying in your property for free without your consent?
In the eyes of most Landlords I would advocate in the majority of cases,
from the moment rental arrears are accrue tenants become trespassers.

Though let this article be a warning: they are trespassers with legal rights which if
not respected can cost the landlord time, money and an excruciating headache.

 

 

This article was kindly submitted by Ms Ashley Brown, Advocate for LPP – The Court Division of Landlord Support Services