A woman who became pregnant despite having undergone a sterilisation procedure has secured damages...
Residential landlords can often find themselves navigating an ever-changing maze of legal obligations and rights. We address some common concerns in respect of Assured Shorthold Tenancies below:
Q1: The tenant has paid a deposit, what do I do now?
Answer: When a deposit is received in relation to an Assured Shorthold Tenancy, you must register the deposit and protect it with a government approved scheme (e.g. DPS, TDS, or My Deposits) within 30 days of receipt. Within this time frame you must also provide your tenant with the Prescribed Information and relevant deposit scheme leaflets. Failure to do so can result in your tenant seeking compensation of up to three times the deposit amount, and you may lose the right to serve a section 21 notice until this is rectified.
Q2: What are my main legal obligations as a landlord?
Answer: Landlords are legally required to maintain the property in a safe and habitable condition. This includes; ensuring heating, hot water, and sanitation systems are functional, addressing structural issues like damp and mould and complying with safety standards for gas, electricity, and fire. Key documents and checks include; annual checks by a Gas Safe registered engineer and a Gas Safety Certificate for tenants and five-yearly electrical safety inspections with an Electrical Installation Condition Report (EICR). You must also have a valid Energy Performance Certificate with a minimum energy rating of D at all times.
Q3: Who is responsible for damage and repairs?
Answer: The tenancy agreement will set out your obligations. In general, landlords are responsible for normal wear and tear, such as fading paint or worn carpets, repairing structural and exterior issues including roofs, walls and gutters, ensuring gas, electricity, and water systems are safe and functional and addressing mould, damp, and other health hazards promptly. Exceptions include damage or disrepair as a result of tenant misuse or negligence. Failure to meet these obligations could result in a claim by your tenant.
The tenant is responsible for minor repairs (like changing lightbulbs) and keeping the property in good condition. Tenants must repair any damage caused by their actions or negligence, for example, stains on carpets or broken furniture beyond reasonable wear and tear.
Q4: I think my tenant is in breach of the tenancy agreement, what can I do?
Answer: You would need to investigate what the issue is and determine whether this is sufficient to take action to evict your tenant. An example of this may be if you think your tenant is sub-letting the property. Usually, subletting requires the landlord’s written permission, although sometimes this may be expressly permitted in the tenancy agreement. Unauthorised subletting can be grounds for evicting your tenant. You should obtain legal advice before any action is taken.
Q5: Can I increase the rent during a tenancy?
Answer: Rent increases during a fixed-term tenancy can only occur if the tenancy agreement includes a rent review clause. For periodic tenancies, you must provide written notice of at least one month (or longer for longer payment periods) and ensure the increase is reasonable and in line with market rates. Your tenant could challenge any rent increases through a rent tribunal.
Q6: My tenant has stopped paying rent, what can I do?
Answer: Non-payment of rent is a common and often frustrating issue. Start by discussing payment arrangements with your tenant. If arrears persist, you may be able to serve a section 8 notice citing rent arrears as grounds for eviction. If the section 8 notice does not resolve the issue, you could consider applying for a possession order through the courts. Always seek legal advice to ensure the process is handled correctly. For further information on rent arrears please see, Residential Property Rent Arrears Claims - Clarkson Wright & Jakes Solicitors (cwj.co.uk)
Q7: I want to inspect the property and complete repairs, can the tenant refuse access?
Answer: Yes, tenants have the right to “quiet enjoyment” of the property, meaning you cannot enter without proper notice. The tenancy agreement may specify what notice is required. If it does not, you are required to give at least 24 hours’ written notice, and visits must occur at a “reasonable time”, except in emergencies. You should check the tenancy agreement to see if it specifies how notice must be served. Excessive visits or unauthorised entry may amount to harassment and could lead to a claim by your tenant.
Q8: I want to end the tenancy, where do I start?
Answer: An Assured Shorthold Tenancy can be brought to an end using the following routes:
- Section 21 Notice: Where your tenant is not at fault, it is possible to serve a section 21 notice. Such a notice must be for a period of at least two months. There are certain requirements that must be met before you can serve a section 21 notice and if these are not met it is not possible to use this route. (These notices are due to be abolished but when this will happen is not yet known – for more information please see, Renters' Rights Bill - An Update )
- Section 8 Notice: Where your tenant has breached the tenancy, for example where there are rent arrears or property damage, it is possible to serve a section 8 notice. In order to do this, you have to meet one or more of the specific legal grounds. The length of the notice varies depending on the ground used.
Q9: I have served a notice, but the tenant is refusing to leave, what do I do?
Answer: You must follow the correct process. Once the notice has expired, you must issue proceedings for possession, and you must obtain a possession order to be able to evict your tenant.
Q10: I have a possession order, but the tenant has not left, what do I do?
Answer: Once a possession order is granted, if the tenant fails to vacate the property by the ordered deadline, you will need to instruct county court bailiffs to enforce the possession order. You must not attempt to evict tenants without legal authority as this could result in criminal charges against you.
How Can CWJ Help?
As a landlord, understanding and complying with your legal obligations is crucial. If disputes arise, seeking professional legal advice can help resolve matters. If you find yourself dealing with troublesome tenants or you would like to discuss an issue you are facing, or you need advice, CWJ are here to help.
We have expertise in acting for landlords who are faced with a range of issues, and can give you guidance on what to do, including assistance with possession proceedings and how to effectively recover rent arrears. We will work with you to review your position and determine the best option available to you.
For further information call Ife Kehinde-Taiwo on 01689 887803 or by email ife.kehinde-taiwo@cwj.co.uk