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…

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

“ 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

Occasionally tenants will want only one half of the couple on the agreement. We never truly know the reasons behind this, but here at Landlord Support Services, we always
advise that all adults over the age of 18 are put onto the AST, be they related
or married.

By having all the tenants named in the agreement, this means that if anything goes wrong you have jointly and severally liable tenants that can all be held responsible for the rent.

If one tenant moves out, or is not paying the rent, the other tenant would be liable to make up the arrears.

If neither party is paying the rent, then you as the landlord can then pursue one or both for the full amount of money owed, therefore making it easier to recover outstanding rent.

Although we always hope that you are not in this situation it is always best to be prepared as your tenant’s circumstances may change unexpectedly.

If you need any further information or have a problems with your tenants call us on 0208 9529447

A tenancy agreement that lasts for up to three years can be either oral or in
writing and a witness is not necessary, however tenancies lasting over three
years are deemed as leases therefore require a signing of a deed that is formally
witnessed.

Leases over seven years must be registered with the Land Registry where formal
documented terms within the lease are needed and professional floor plans are
required.

A rent review clause is also required within a long-term lease and stamp duty may
also be payable.

You may see it as security that a tenant wants a “long lease” but before you
undergo a long-term agreement with a new tenant, it would be advisable to begin
with a 6-month tenancy in case of problems arising – you could end up stuck
with a problem tenant for a long time and although the section 8 procedure is
available, this may not guarantee you possession.

Remember… If you need any help, just give Landlord Support Services a call on 0208 952 9447

Some Landlords prefer to manage and let their properties themselves, however most landlords find it easier to use a “Managing Agent” to deal with the letting and management of their property.

But how can you choose a good agent?

How do you know if they will be responsible and act in your interest?

What we here at Landlord Support Services seem to be hearing
and seeing in the news more are stories of letting agents closing down and
sometimes taking hundreds and thousands of client’s money.

Some agents have closed down leaving landlords with no tenancy agreement, no gas certificate, no rent and no deposit.

This is happening all around the country with both national and independent companies.

So should you as a Landlord protect yourself from such dangers?

If the company you chose to use is registered by ARLA (Association of Residential Letting Agents), then in the event of the agent disappearing, you would still be able to get the money that is due to you.

It is also very important to keep your own files on each of your properties. Make sure that the agent provides you with copies of all your documents; tenancy agreement, gas safety certificates, inventory, deposit protection, EPC – this way you can monitor how your property is being managed.

It is recommended that you ask around the people you know for references to a local agent as this will help give you a consumers perspective of their back end “management” service.

Visit the agent, see if they are busy, ask questions in person, is the office disorganised? Are there files / papers everywhere? Do they have a separate management department? Make sure you ask how they chase up their arrears? Do they issue notices themselves? Will they charge you extra for this? How will you receive your payments? Will statements be sent monthly?

These are all important questions that you will need to bear in mind when deciding to instruct an agent.

If a property has been abandoned before the tenancy has ended, obtaining a court possession order is always the safest option to avoid any problems, this may seem long winded but is best so as to avoid any claims for unlawful eviction.

Making sure a good inventory is in place is effective in distinguishing between the tenant’s possessions and what belongs to the landlord as well as playing an important role if the tenancy deposit scheme is involved. Although some of the abandoned goods may appear of little value, creating a new inventory along with photographic evidence and a statement of the items condition and estimated value would ensure that if the tenant was to return claiming that the goods had been damaged or that his possessions were worth a significant sum, could be disproved.

If you fail to make contact with the tenants in order to return the possessions, the items with any monetary or sentimental value should be placed in storage for up to three months or the period stated within the tenancy agreement. The items deemed as rubbish should be removed by a clearance company following a written estimated value of the belongings.

Following the end of the storage period, the possessions removed from
the property can then be sold to cover tracing costs, any outstanding rent
arrears or storage costs.

If you find yourselves in this situation, please feel free to give Landlord Support Services a call to go over everything.

WE WILL REFUND THE COST OF THE NOTICE SERVED BY US ON ALL CASES WHEN WE ARE INSTRUCTED ON STAGE 2.

Call now: 020 8952 9447
Visit website: http://www.landlordslawyer.co.uk

Here are the Terms of the Offer:
We must have served the notice within the last 6 months.
We must be instructed on stage 2 of our terms of business
This promotion cannot be used in conjunction with any other promotions.

LPP Court Services present most matters in the County Courts of England and Wales, before District Judges.

Their role is to provide fully trained and experienced Advocates to present your case in the best possible light.

From free telephone consultations, to the review of all paperwork, they offer expert advice at all times.

Working for Solicitors, Letting agents and Private Landlords, LPP is able to present your case in Landlord and Tenant Possession Hearings, assisting both Private and Commercial Landlords in Court to regain possession of their property. They will help compile, file and serve the relevant paperwork on the defendants and at Court.

Mortgage Repossessions
Whether you are a Lender or a Borrower, they can represent you in Court! Their Advocates are very experienced in dealing with these types of hearings; in fact many of our Advocates hold a Legal Practice Qualification in Mortgage Repossession.

Charging Orders
If you are owed money they can secure the debt, by obtaining a charge on the debtors property .They would then be unable to sell that property until the charge has been paid off; in some cases this can even force the sale of the property.

LPP is part of a group of companies, our sister companies are Landlord Support Services and Davidsons Debt Recovery,

We found a video that may be of interest to you….

http://www.bbc.co.uk/news/uk-politics-14009792