Landlord advice

I am having trouble with my tenant and I have decided the best course of action will be to seek possession of the property. What do I need to do first?

In the past, it was often thought that landlords had the upper hand when renting out a residential property. Today, the position is largely reversed, as the balance of power has shifted to the tenant.

I am thinking of purchasing my first property to let. Do you have any useful advice for novice landlords?

Making a wrong move when letting out a property could leave you with mortgage payments to meet and no rental income, but the right choices can be the key to extra cash and a stable asset.

Are rent arrears regarded as paid if the tenant delivers a cheque on the day of the possession hearing, even though the funds are not cleared?

In this particular case, the tenant had become 11 weeks behind with his rent when the landlord served a valid Notice Seeking Possession under Section 8 of the Housing Act 1988. This advised the tenant that the landlord intended to start court proceedings when the notice expired.

When it comes to the upkeep of a rented property, what are my statutory obligations as a landlord?

There are various pieces of legislation relating to the condition of a rented property and it is the landlord’s responsibility to comply with them.

Do I need public liability insurance for my rented property?

As a landlord you have the potential to earn a substantial income from your investments. To safeguard these investments, it is recommended at you acquire adequate public liability insurance.

I have a nuisance tenant who is habitually in rent arrears

Harassment by a landlord is a serious offence and carries civil as well has criminal penalties. The laws in this area are very one sided and are heavily weighted in favour of the tenant. You can act in what you would consider to be a reasonable manner and still be engaging in harassment. In one case, faxing a letter about rent arrears to the tenant’s place of work resulted in a successful claim and damages of £750 being awarded against a landlord.

What happens if I don’t secure my tenant’s deposit?

If you don’t subscribe to one of the three Tenancy Deposit Schemes, your tenant can apply to the local county court for an order forcing you to repay the deposit or protect it in a scheme. If a deposit remains unprotected for more than 14 days, you could be required to pay the tenant three times the original amount.

How does the Tenancy Deposit Scheme work?

At the beginning of a new tenancy agreement, the deposit is paid to the landlord or agent as usual and it is their responsibility to ensure it is protected.

I know there are rules protecting a tenant’s deposit

Like most landlords, you will be aware that in April 2007 new laws were introduced stipulating that all assured shorthold tenancy deposits must be protected by a government-authorised scheme. This is to make sure that:

My tenant has just informed me that he is leaving and has asked for a refund of rent paid in advance. How much notice does a tenant have to give and can I hold onto rent that has already been paid?

Let’s assume you are dealing with an assured shorthold tenant. If he is still within the initial six or 12-month period, then strictly speaking, your tenant can only determine the length of the agreement if it contains a break clause and only then, if the terms of the clause are followed.

I have tenants occupying my property whose assured short hold tenancy has expired. Can I still serve a two month notice to terminate their agreement?

In short, the answer is no. Much greater care is needed when issuing the notice to ensure it cannot be challenged by the tenants. Served incorrectly, it will cause you problems when you want to regain possession of the property.