You want to ensure that there are clauses in the tenancy agreement that place obligations on your tenant to look after and keep your property clean and tidy.
Discuss this obligation with your tenant before they move in and during the tenancy if you have concerns.
Ask your tenant if they have any concerns about the state of the property before they move in too. This will give you the opportunity to address possible issues early. It will also give you some insight into the type of tenant that you may be taking on.
Get a check-in report before the tenancy begins so that you have evidence of the condition of the property including its furnishings and the white goods present at the outset.
Also, arrange for mid-tenancy inventory reports so that you can keep a close eye on things. If items are damaged, swift repairs can be made and you can keep track of who is responsible. This way, you can try to limit any horrid surprises at the end of the tenancy.
If your tenant fails to look after your property the failing may constitute a breach of contract.
Many landlords choose to take a deposit before the tenancy begins to try and provide some security just in case damage is caused during the tenancy. Please ensure that you protect your tenant’s deposit in an approved tenancy deposit scheme within 30 days. You must also provide your tenant with the prescribed information within 30 days as well. You can find out more about the prescribed information required within the Government’s booklet “How to rent” which you can download and give to your tenant.
If you do not properly protect your tenant’s deposit in an approved tenancy deposit scheme, your tenant may have a claim against you for up to three times the deposit.
In our experience, landlords typically find it difficult to comprehend the fact that the courts/tribunals treat these types of claims by a tenant very seriously.
As Philip Wylie once said “ignorance is not bliss – it is oblivion” – this is rather apt when considering how the penalty is calculated. How much you will have to pay will be up to the Judge who hears your tenant’s case.
The law generally does not distinguish between the different types of landlords either. So for example, if you own a flat and you decide to let it out after falling in love, getting married and moving in with your spouse, you will still have a legal obligation to properly protect your tenant’s deposit in an approved tenancy deposit scheme and to provide the required prescribed information in the same way as a company that runs a letting business.
At Johnson May solicitors, we offer low fixed fees to help our clients with tenant evictions. We are based in Beckenham and London City but we service clients throughout England.
If you’d like a no obligation chat, contact us.
