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Managing a Rented Property
Introduction - for first-time landlords, there are many areas of consideration that need careful understanding and planning, before a self managing a let, or employing a letting agent. Always seek professional legal advice when dealing with tenancy agreements or any other legal contract. This article does not purport to provide recommendations, merely acts as a general guide to the legal issues involved. The following article outlines a practical actions and legal responsibilities of the managing agent and landlord, during the lifetime of the tenancy....
Landlord & Tenants Rights & Responsibilities - prior to self managing a rental property, (or employing the services of letting agent to manage it for them), landlords should make themselves aware of their legal responsibilities under the Housing act 1996 and the Tenancy Act 1985. This UK legislation, details the rights and responsibilities of both landlords and tenants. The main areas of landlords responsibilities are as follows:-
The legislation protects tenants by giving them the right to peace and quiet, the rights to a minimum of two months written notice before any repossession may take place, and that landlords must seek written permission for accessing the tenants property. These areas seek to redress the balance where landlords have behaved poorly in previous decades towards a less powerful tenants group.
As the landlord, you should also make tenants aware of their legal responsibilities. Sometimes these are noted inside the tenancy agreement. In particular, landlords must seek tenant permission before entering the property. The tenancy agreement that they have signed should provide redress in event of accidental or deliberate damages by the tenant. The tenant must also pay council tax and any other bills set out in the tenancy agreement. Lastly and most importantly, the tenant is legally obliged to pay rent to the landlord.
Practical On-Going Considerations - to implement the responsibilities outlined above, landlords will need to devote time and money to ensuring the letters managed professionally and according to the legislation. Well looked after tenants are more likely to pay their rent on time and cause less trouble. The main areas of consideration are as follows:-
Inventory Check Out - an important aspect of managing a rental property is the inventory check-in and checkout processes. For rentals that are furnished, the inventory process protects the tenants deposit, as well as the landlords investment in furniture and fixtures. Tenants need to be notified in good time but the process will involve and what is expected of them. Most tenancy agreements state that furniture should be replaced to the original room it was located, if the tenant has decided to move it throughout the tenancy. Most letting agents will notify the tenants a couple of weeks beforehand and provide a copy of the inventory for the tenants to review. First-time renters may not be aware that the property should be left as they first entered it. In addition, they must provide written confirmation that the final bills have been paid, before the deposit can be returned.
It is completely normal that the odd plate or cup gets accidentally dropped and broken. Be prepared to these type of minor accidents and ensure that any minor breakages noted during the checkout process. Third-party inventory clerks can be employed as an impartial person to undertake the checkout process. The national tenancy deposit scheme has recently been set up to act as an independent adjudicator in landlord tenant disputes regarding deposits. This provides the tenant with added confidence that there is no bias towards the landlord and that both parties interests are being fairly balanced. The clerk would normally provide a complete written report commenting on the general state of the property and noting any specific breakages, damages and repairs required as a result.
In order to work out how much attention paid for my breakages and replacements of items a fair method is to use a "new for old" calculation. You cannot claim for natural wear and tear as this is a cost which you as the landlord must bear, over the long period of investment. The clerk will ask the tenants to sign the report to confirm they agree except its findings. Tenants will need their rental deposit to pay for an ex-rental property and will be concerned that withheld deposits may affect their ability to pay for a new home elsewhere.
Tenancy Agreement Issues - as a landlord you should seek professional legal advice regarding any legal issue related to the termination of a tenancy, the ongoing renewal of a tenancy or any dispute your having with your tenants. At some point in the future you may wish to terminate the tenancy and you must seek advice regarding practical and legal process, depending upon your individual situation. Under an assured tenancy agreement, early termination by the landlord means Landlords must provide two months written notice to the tenants. It must be undertaken in accordance with the tenancy agreement and statutory regulations. It can only be undertaken at the end of fixed term. In practical terms, your letting agent will normally submit a 'notice to quit'.
If the tenant wants to leave the property before the end of fixed term, you may be able to negotiate with them, assuming you have found new tenants to replace them. They will still be obliged to pay the rent for a fixed term, but you may decide to let them off if you have found new tenants and they have been co-operative and helpful throughout the process. Conversely, there may come a situation where your tenants want to carry on living in your property at the end of the fixed term and is the tenancy agreement about to expire. You should seek advice from a solicitor regarding the renewal by periodic tenancy or renewal of fixed term, depending on your plans for the property in the future.
Unfortunately, sometimes tenants fail to pay rent or turn out to be troublesome. Therefore, if you have decided you want to remove tenants from the property, you must be extremely careful how you achieve this legally. An early termination due to a breach of the tenancy agreement must be established legally (by following the regulatory processes). To regain possession, court proceedings must be undertaken, implemented via your solicitor. Failure to follow the proper procedure could have severe financial penalties for the landlord. One of the main grounds for serving a notice for repossession is failure to pay rent within a fixed term. Your solicitor will be up to explain the practical process for implementing this, and whether an accelerated possession order is appropriate or not. As a landlord you may not remove tenants from the property without the backing of the court. The protection from eviction act 1997, protects tenants from this type of illegal eviction.
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