Common Responsibilities of Landlords
Nuisance Tenants
Deposit Schemes
Common Responsibilities of Landlords
Landlords are responsible for a variety of matters related to their rental properties. These responsibilities should be clear in the rental agreement form, and landlords should understand that if they fail to carry out their legal responsibilities then action can be taken against them. Common responsibilities of landlords include: making sure that the property is in liveable or habitable condition, taking care of the common areas in properties that house more than one unit, ensuring the working order of all heating and water heating appliances and ensuring the safety of all gas and electrical appliances. If landlords are renting out furnished properties then they are also usually responsible for making sure that the furnishings meet all fire codes. Any repairs that need to be carried out to the structure of the property, heating and water equipment and sanitary installations are also usually the responsibility of landlords.
For further information on all landlord and tenant matters please contact Charlotte Hammond at Bennett Griffin LLP on 01903 706981
Dealing with Nuisance Tenants
When letting property, landlords may have to deal with a number of different tenants. Most tenants are honest tenants who pay their rent on time and are not troublesome. Occasionally landlords will encounter problem tenants who may not be paying rent on time or may not be taking proper care of the accommodation provided to them.
In order to evict problem tenants, a notice is served on the tenants for the breach of the agreement. The notice itself is often sufficient to evict problem tenants or recover rent arrears. However, if tenant continues to be a nuisance and does not vacate or, pay the rent then the next step is to issue proceedings for a Possession Order in the County Court.
A Warrant for Possession may have to be applied for if the tenant still refuses to leave the property despite the Court Order.
For further information on how to evict your tenants please contact Charlotte Hammond at Bennett Griffin LLP on 01903 706981
Deposit Schemes
Landlords should be aware of the requirement that all deposits (for rent up
to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies must be protected by a tenancy deposit protection scheme.
The deposit protection scheme was introduced in April 2007 and many landlords are still unaware of the rules and penalties for breaking them. There are two types of tenancy deposit protection schemes available for landlords and letting agents: insurance-based and custodial schemes. Both schemes provide a free dispute resolution service and landlords must be a member of one of the schemes currently in existence.
If a landlord or letting agent does not protect a tenant’s deposit then the court will order the landlord to pay the tenant three times the deposit sum in compensation. With the higher value tenancies falling within the scope of the scheme, penalties will be sizeable.
If you appoint a letting agent make sure that the agent belongs to one of the schemes and that they have protected your deposit within the 14 day deadline. If they don’t, you may have an action in negligence against your agent but you will remain primarily responsible for any failure to comply with the scheme.
For further advice on this article or any other landlord and tenant matter please contact Charlotte Hammond at Bennett Griffin by telephone 01903 706981