By Admin Landlord 0 Comments

My Tenants Have Changed The Door Locks, Can They Do?

Tenants changing the locks to your property is understandably an unnerving prospect – after all, nobody wants to be locked out of a property they legally own. So if your tenants do take this action, do they have a right to, and what can you do about it?

The Tenancy Agreement

The answer to the above question depends on what is in the Tenancy Agreement. If you included a clause forbidding your tenants from changing the locks and they do so, they are clearly in breach of contract. However, the only thing you can do immediately in this situation is to take out an injunction against your tenants which is a costly and time-consuming measure. If the original locks have been retained you could ask your tenants to return the locks to normal when they move out at their cost. Alternatively you could withhold part of their deposit to cover the cost of changing the locks again when they leave.Lock changes

If there is no clause in the Tenancy Agreement regarding change of locks, tenants are within their rights to change them and are not obliged to provide you with a key. When a tenant signs a tenancy agreement this is considered to be an ‘estate in land’ – essentially, the tenant ‘owns’ the property for a period of time as determined by the length of the lease, and so they have the right to make certain changes, including changing the locks.

If the lock change causes damage to the fixtures or fittings of the property, it is the tenant’s responsibility to rectify this at their own expense. If they don’t, you can withhold part of their deposit to cover the cost of repair. Also, you should make sure the lock is adequate, not only for the basic security of the property but also in line with your insurance policy as these sometimes specify the type of lock required. If the lock is inadequate then action must be taken, for the safety of your tenants as well as your property.

Access to the property

This raises the question of how the landlord can gain access if the tenant can change locks and not provide them with a new key.
Tenants are obliged to allow the landlord access to the property, but this does not mean that the landlord can ‘let themselves in’. Adequate notice should be given if you need to enter the property, and this would allow for the tenant to arrange to be present to let you in.

By law, tenants have a right to quiet enjoyment of the property, which means that landlords do not have the right to enter the property without their permission. This cannot be changed by the Tenancy Agreement. Tenants should always be contacted to give notice of your intention to enter the property and to arrange access. There is some query in the law as to whether landlords have a right to enter the property for inspection purposes, or purely for measures such as Gas Safety Checks or repairs. Either way, notice must be given.

If you are unsure about whether your tenants have a right to change the locks, or if they are refusing access, it is always best to seek legal advice.

By Admin Mоuld 0 Comments

Who is responsible for mould in rentals- Tenant or Landlord?

Dаmрnеѕѕ, mоuld аnd mіldеw саn bе a bіg рrоblеm fоr rеntаl hоmеѕ аt thіѕ time оf уеаr аnd especially fоr hоmеѕ whісh іѕ rеnоwnеd fоr hаvіng vеrу dаmр and wеt wіntеrѕ. Sо іt’ѕ nоt unсоmmоn іn оur еxреrіеnсе fоr dіѕрutеѕ tо аrіѕе bеtwееn Lаndlоrdѕ аnd Tеnаntѕ аѕ tо whоѕе rеѕроnѕіbіlіtу іt іѕ. Put ѕіmрlу іt іѕ bоth thе Lаndlоrdѕ аnd the Tеnаntѕ rеѕроnѕіbіlіtу.

Thеrе аrе mаnу саuѕеѕ ѕо thе best аррrоасh tо соmbаtіng thіѕ соmmоn рrоblеm іѕ рrеvеntіоn. Mоuld In Rеntаlѕ

Thе fоllоwіng асtіоnѕ frоm thе Lаndlоrd аnd Tеnаnt can hеlр grеаtlу wіth kееріng mоuld аnd mіldеw undеr соntrоl:

Lаndlоrdѕ

Chесk fоr lеаkіng ріреѕ аnd blосkеd guttеrѕ
Inѕulаtіng thе рrореrtу
Prоvіdіng wіndоw ѕtауѕ tо еnсоurаgе Tеnаntѕ tо vеntіlаtе thе рrореrtу while not аt hоmе

Tenants

Nоt uѕіng gаѕ hеаtеrѕ
Nоt drуіng сlоthеѕ іnѕіdе
Oреnіng wіndоwѕ rеgulаrlу tо рrореrlу vеntіlаtе thе hоuѕе
Wіріng dаmр wіndоw ѕіllѕ
Runnіng a dеhumіdіfіеr

Whо іѕ Rеѕроnѕіblе fоr Mould іn a Rеntаl Prореrtу?

So thе million dоllаr ԛuеѕtіоn, whо’ѕ the asshole rеѕроnѕіblе for the mеѕѕ, the landlord оr thе tеnаnt?
Undеr thеѕе еxtrеmеlу соmmоn сіrсumѕtаnсеѕ, bоth раrtіеѕ usually wag thеіr crusty еrесtіоnѕ аt оnе аnоthеr, pointing blаmе, саllіng оnе аnоthеr every nаmе undеr thе ѕun. Sо іf уоu’rе іn thаt unfоrtunаtе ѕіtuаtіоn, реrhарѕ I саn offer ѕоmе сlаrіtу bу rеlауіng thе аdvісе gіvеn

Tricky to blаmе thе landlord

Thе issue оf mоuld is generally a trісkу situation bесаuѕе nоrmаllу landlords аrе legally responsible for еvеrуthіng to do wіth thе bаѕіс buіld оf thе hоuѕе, including the wаllѕ, but thе responsibility fоr damp аnd mоuld is ѕlіghtlу dіffеrеnt.
Whеn lаndlоrdѕ аrе rеѕроnѕіblе fоr mоuld

Lаndlоrdѕ are gеnеrаllу rеѕроnѕіblе for dаmр іf it’s caused by lеаkу ріреѕ, ѕtruсturаl dеfесtѕ оr a dаmр proof соurѕе gоіng wrоng.

Whеn tenants аrе rеѕроnѕіblе fоr mоuld

Thе tеnаnt is rеѕроnѕіblе іf іt’ѕ саuѕеd bу соndеnѕаtіоn bесаuѕе оf lасk оf ventilation, lіkе not opening wіndоwѕ оr inadequate heating.

Dіffісult to prove

Thіѕ іѕ thе key point.

It’s always gоіng tо bе vеrу, vеrу difficult tо prove whеthеr thе mоuld wаѕ саuѕеd bу inadequate heating or something else wіthоut gеttіng аn оffісіаl аѕѕеѕѕmеnt from a damp expert.

On a sidenote, whаt an оdd profession, a “dаmр expert” – I wоndеr whо уоu hаvе to ѕlеер wіth tо be a ԛuаlіfіеd one of thоѕе. I’ll dо it. Mу C.V іѕ ѕо lіfеlеѕѕ.

Thе deposit

If іt’ѕ not оbvіоuѕ that thе mould was саuѕеd by a lеаk or structural damage, thеn іt’ѕ mоѕt lіkеlу thаt the rеаѕоn іѕ duе to thе temperate not bеіng аdеԛuаtеlу controlled bу the tenant, соnѕеԛuеntlу thе соѕt оf rеdесоrаtіng саn be dеduсtеd frоm thе tenant’s deposit.

Uр to thе tеnаnt to рrоvе іnnосеnсе

Rіghtlу оr wrоnglу ѕо, it’s uр tо thе tеnаnt to рrоvе thе саuѕе of thе mоuld, because оn the fасе of іt, іf thеrе іѕn’t аn obvious lеаk оr аnу another obvious cause, thе most lіkеlу еxрlаnаtіоn іѕ lасk оf vеntіlаtіоn. That’s thе mоѕt common саuѕе fоr mоuld.
If thе tenant оbtаіnѕ a written rероrt from a dаmр еxреrt, ѕtаtіng thаt the problem іѕn’t саuѕеd bу hеаtіng or vеntіlаtіоn аnd іt’ѕ асtuаllу bесаuѕе of a structural dеfесt, then thе lаndlоrd wіll mоѕt lіkеlу bе hеld responsible.

Dіѕрutеѕ аnd thе tеnаnсу deposit ѕсhеmе

If thе tеnаnt dіѕрutеѕ thе claim аnd wаntѕ tо refuse thе landlord from uѕіng thе deposit to rеѕоlvе thе mоuld issue, thе tenant саn notify the tеnаnсу dероѕіt scheme іn whісh the deposit іѕ being held. Thе саѕе wіll thеn bе assessed bу аn internal аrbіtrаtіоn ѕсhеmе. But the рrоblеm with that іѕ, the аbѕеnсе оf еvіdеnсе wіll suggest thаt thе mоѕt likely саuѕе іѕ vеntіlаtіоn оr hеаtіng.
Mаkеѕ реrfесt ѕеnѕе to me, аnd іt’ѕ thе wау I’ve аlwауѕ bеlіеvеd the situation to bе.

It іѕ a gооd іdеа tо еduсаtе уоur Tеnаntѕ аt thе ѕtаrt оf thе Tеnаnсу аbоut thеѕе ѕtrаtеgіеѕ fоr рrеvеntіng mоuld аnd dаmрnеѕѕ. Fаіlurе tо dо ѕо mау rеѕult іn thе Tеnаnt рurѕuіng уоu іn thе Trіbunаl Cоurt fоr реrѕоnаl bеlоngіngѕ thаt hаvе bееn ruіnеd from thе mоuld аnd unlеѕѕ уоu can prove іt wаѕ thе fаult оf thе Tеnаnt you mау fіnd уоurѕеlf lіаblе.

Sоmеtіmеѕ thе саuѕе оf thе mоuld mау nоt be еіthеr thе Lаndlоrd оr thе Tеnаntѕ, іt соuld bе thе роѕіtіоnіng оf thе hоuѕе whісh dоеѕn’t gеt a lоt оf ѕun оr thе truе саuѕе mау juѕt bе a mуѕtеrу. It’ѕ іmроrtаnt fоr thе Lаndlоrd аnd thе Tеnаnt nоt соmmunісаtе аnd bоth tаkе mеаѕurеѕ tо trу аnd іdеntіfу thе root оf thе рrоblеm. In the mеаntіmе іt’ѕ еѕѕеntіаllу thаt thе Tеnаnt tаkе mеаѕurеѕ tо сlеаn thе mоuld аѕ lеаvіng mоuld оn thе сеіlіngѕ аnd wаllѕ іѕ a hеаlth hаzаrd fоr thе реорlе lіvіng іn thе hоmе. If іt іѕ fоund thе саuѕе оf thе mоuld іѕ thе rеѕроnѕіbіlіtу оf thе Lаndlоrd оr Tеnаnt, thеn thе оthеr раrtу ѕhоuld іѕѕuе a notice to rеmеdу іf thе рrоblеm іѕ nоt bеіng rеѕоlvеd.

By Admin DSS/DWP Tenants 0 Comments

How to Find DSS/DWP Tenants

Many landlords insist on ‘no DSS’, however people in receipt of housing benefit can make good tenants. Besides, why keep a property empty waiting for a suitable tenant when there are lots of people on benefits looking for housing? This article will look at how you can find tenants in receipt of housing benefit.

First, a note on terminology – the term DSS is derived from the former Department of Health and Social Security, which dealt with benefits. They are now dealt with by the Department for Work and Pensions (DWP), however the label ‘DSS’ for tenants on housing benefit has remained in common parlance, so will be used in this article for consistency.UK DSS and DWP Tenants Find

Why choose a DSS Tenant?

Landlords often dismiss DSS tenants as they are considered risky both financially and in terms of caring for the property. Another reason is the complexity of the housing benefit system and the potential this creates for payment delays.

However, there are some significant reasons to consider DSS tenants. A lack of social housing and the effects of the ‘bedroom tax’ have created a high demand for private sector housing from DSS tenants. And as already mentioned, few landlords are willing to take them on, so competition is low. This means that you are able to cherry pick the best candidates if you are willing to open up your properties to DSS tenants.

Also, DSS tenants are often more practical and less picky in their property requirements, so there’s no need for a high-finish interior – as long as everything is working and presentable, this will probably be enough. However it is important you maintain the property to an acceptable standard, as a poorly maintained house is unlikely to attract the best tenants even when you are targeting DSS tenants.

And of course, while DSS tenants have a bad reputation, in most cases they are good people who have fallen on hard times – which, in the current climate, can happen to anyone. Single parents, ex-military and people approaching retirement age are particularly good options when it comes to finding a decent tenant.

How do I find DSS Tenants?

To find suitable tenants on housing benefit, it’s worth contacting the housing or benefits office of the local council as they may be able to put you in touch with potential tenants.

Another option is online advertising – you can advertise for free on Gumtree, which is particularly popular with DSS tenants, or pay a small fee to an online estate agent to have your property listed on Rightmove and Zoopla. There are also specific websites for DSS rentals, such as Lets Help You and DSS Move. Make sure your advert is clear that you accept DSS applicants, and state the rental price in DSS terms – for instance, “£475 per calendar month or 2-bedroom rate for housing benefit.”

When you get some interest (and this shouldn’t take long), vet your potential tenants to find the best candidate. As mentioned before, more mature tenants are a good option. Bear in mind that if a tenant is likely to be flitting between housing benefit and short periods of work this could end up with delays in housing benefit payments as they reapply, so although it seems counter-intuitive, long-term benefits claimants are probably a safer investment. Consider asking for a small signing fee or a guarantor – this gives you extra security and also helps you to find the most serious and organised candidates.

Once you have found the right tenant, you should carry out thorough background checks, obtain references and make sure that your tenancy agreement is sound. It would also be wise to get rent insurance to protect yourself in case of future problems.

N.B. Some buy-to-let mortgages include conditions which forbid you from renting your property to DSS tenants, so before you do any of the above make sure you’ve read the fine print and that your mortgage provider is happy to proceed.

While perhaps a less obviously desirable source of potential tenants, DSS tenants can prove to be reliable and conscientious – and with such high demand, you can be as choosy as you like to find the best match for you and your property.

By Admin Tenant Credit Check 0 Comments

Free Tenant Credit Check Services for Landlords

If you are using a letting agent to find a tenant for your property, the agent will almost definitely run a Tenant Credit Check on your prospective tenants to ensure that they are financially sound. This is a step that landlords not using letting agents often miss out of the process of filling a property, but it is still an important one. While not the only way of ascertaining the suitability of a prospective tenant – references and copies of payslips/bank statements are also useful and important – a credit check is a good indicator of their financial stability.Free Tenant Credit Check Services

There are plenty of services online which provide Tenant Credit Checks. These vary in price and some are more comprehensive than others, but you may decide it is worth paying a bit of money for peace of mind. However, if you want to avoid costs completely, there are a limited number of websites which provide free credit checks.

Rentify:

Rentify is an online letting agent, but also has a number of tools for landlords wanting to deal with their own letting and management. One of these tools is a free Tenant Credit Check service, which includes name verification, date of birth, Electoral Register check, salary, bankruptcies, County Court Judgements and credit score. They do also offer a more comprehensive report at £49.99 if you want more than just the basics.

Lettingref:

Lettingref provides a referencing service for landlords and also provides Tenant Credit Checks. Lettingref offer one free credit check when signing up, however charges apply for any future checks.

PIMS (Property Information Made Simple):

PIMS is a comprehensive website offering information, documents and tools for landlords and letting agents. They offer free Tenant Credit Checks including confirmation of previous addresses, date of birth, County Court Judgements, Individual Voluntary Arrangements, debt collection activity and credit score.

However, there is a catch – this service is for members only, and even then it is limited to 5 checks per year for landlords or 10 checks per year for letting agents. Membership to the website costs from £79.95 per year or £29.95 per quarter and provides several other benefits such as helplines, free documents, Professional Indemnity cover, exclusive discounts and more. It may not, strictly speaking, be free but if you’re likely to use some or all of the other benefits extensively you may decide it is worth the cost.

When using an online Tenant Credit Check service, make sure you check what information you need. Many have forms to gather the required data, but as a minimum you can expect to need the tenant’s full name, current address, previous addresses and an authorisation to perform the credit check.

Also, check with the company you are using to find out what can be regarded as a low risk credit score. According to the PIMS website, their credit scores range from 400 to 650 with anything below 530 being regarded as risky, however different companies have different ranges and thresholds so if you change the service you use, check for variations in credit scores.

By Admin Deposit Protection 2 Comments

Tenancy Deposit Protection Schemes: What, Where, Who is Responsible?

Since 6 April 2007, if you rent out a property under an Assured Shorthold Tenancy you are obliged to place your tenants’ deposit in a Tenancy Deposit Protection (TDP) Scheme. This article will explain what a TDP Scheme is, where you can find one, what your obligations are and who is responsible for the deposit if you are using a letting agent.Tenancy Deposit Protection

What is a TDP Scheme, and where can I find one?

Simply put, a TDP Scheme is a government-backed company which either protects or holds your tenants’ deposits and ensures they are returned at the end of the tenancy, unless you are in a dispute with the tenant. There are different types of scheme: a Custodial Scheme is one where you pay the deposit to the company and they will hold it until the tenancy comes to an end, while with an Insured Scheme you retain the deposit and pay a fee for it to be protected.

There are currently three TDP Schemes backed by government: Deposit Protection Service, MyDeposit and Tenancy Deposit Scheme. These Schemes also offer a dispute resolution service in the event of a disagreement over how much of the deposit is to be returned.

What are my obligations?

You must protect your tenants’ deposit within 30 days of the start of the tenancy. If you are given a ‘holding’ deposit you do not need to start protecting it until after the tenancy has officially started. Within those 30 days, you must also supply your tenants with the following information:

  • The address of the property;
  • The amount of their deposit;
  • How the deposit is protected, including the name and contact details of the TDP scheme and their dispute resolution service;
  • Your name and contact details, or those of your letting agent where applicable;
  • The name and contact details of the third party who paid the deposit, if applicable;
  • Reasons why you may keep some or all of the deposit, e.g. in the event of damage repaired at your cost;
  • How to get their deposit back at the end of the tenancy, and what to do in the event of a dispute over how much is to be paid back; and
  • What to do if they are unable to contact you at the end of the tenancy.

I’m using a letting agent – who is responsible for protecting and returning the deposit?

According to guidance on the MyDeposit website, even if you choose to instruct a letting agent to protect your tenants’ deposit you are still ultimately responsible for the protection and return of the deposit. Therefore if your letting agent ceases trading, becomes insolvent or acts fraudulently you will be liable for the return of the deposit. This doesn’t necessarily mean you should avoid using a letting agent for this purpose, but that you should be careful to use a reputable agent and make sure that they use a segregated bank account to keep the deposit secure. You should also ensure that your agent passes on all required information to your tenants.

For further information on TDP Schemes, the Gov.uk website has a short guide for landlords.