Landlords
Things to know about the space and stuff you're about to lease out:
- 1. Know your inventory
- 2. Are the space and stuff in it fit for habitation?
1. Inventory
a) Moving In:
- Immediately agree on inventory face to face at the start of the tenancy.There is no legal requirement to produce an inventory. However, check the inventory carefully to make sure it is accurate and that everything is in working order when new tenants move in.
- Note of the state of decoration, anything that's damaged, any marks, scratches or burns to furnishings and note anything that's about to wear out.
- Agree any changes to the inventory with both parties.
- All furniture supplied by you must meet safety regulations.
b) Moving Out
- Same as moving in. Again, if you won't do an inventory when a tenant is moving out, or until after they have left, tenants should carry it out themselves with an independent witness.
c) Returning Tenants deposit
- The deposit a tenant paid should be returned in full unless there is damage to your property. Whether or not the tenant has broken the contract, you can only claim for any financial loss you have actually suffered.
2. Fit for Habitation
Your responsibility and rights:
i) Health & Safety:
- The responsibility for Health and Safety lies with you.
- You are responsible for ensuring the safety or all gas, electric fittings and appliances rented to tenant as part of their tenancy.
- All upholstered furniture provided by you must comply with regulations and all provided furniture must be fire resistant. Furniture not carrying a fire resistant label does not meet regulations and therefore must be replaced.
- Each time the property is re-let it will be classed as supplying for the first time. All new and second-hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950.
- You must repair damage to the structure, or exterior, or any part of the building owned by you, if the damage is interfering with the tenant's enjoyment of the property. However, you do not have to carry out repairs if you do not own the part of the property which is causing the damage, or if you cannot get access to the part of the property which is causing the damage.
- You may not be responsible if the building simply does not comply with modern building practices, or if dampness has occurred due to tenants use of the home [e.g. drying clothes indoors or blocking heating vents]. However, you may have to take action if the council sees it as a hazard. Get independent advice from your local authorities.
ii) Maintaining the space and stuff:
- If the agreement does not name anyone as responsible for the garden, then nobody is. If tenants are not responsible, they should seek your permission before doing any gardening themselves.
- Usually, if tenants want to redecorate, they will need your permission on what can be done [e.g. You may want tenants to paint over bright colours before they leave]. The tenant should write down what needs doing and, ask you [or your agent] to agree in writing.
- If tenants want something new, it is an improvement and not a repair e.g. replacing a broken shower is repair, but, installing a shower for the first time is an improvement. You may have to make improvements if the property is unsafe or incomplete when tenants move in. If the work is an improvement, you don't necessarily have to ‘make good'. However, you should seek the tenant's permission for access to make improvements.
- Some landlords, especially councils and housing associations, will make the improvements needed if a tenant is disabled. Tenants or landlords may be able to get money from the council to pay for improvements to help a disabled person. If you are unwilling to make your property accessible for a disabled tenant, you may be illegally discriminating. Seek legal advice.
- If you are responsible for repairs, you also have to make sure that the work is carried out properly. When repair work is carried out, damage to internal decorations should be ‘made good'.
iii) Gaining access to your property:
- After you notify the tenant in writing, you may, at reasonable times of the day, enter the property to inspect its condition and state of repair. Usually you must give the tenant 24 hours notice in writing before you carry out such an inspection. Although you should arrange the repairs, tenants can be expected to co-ordinate entry with the contractors.
- You can get the court to force tenants to give access, but why would tenant refuse!
- You do not have a right to enter the property in any other circumstances unless you have a court order.
- Workers employed by you may have to use electricity and other services while they are doing the work. If tenants think the usage is excessive, or if it continues for a long time, tenants can ask you for a contribution towards those utility bills.
- If major repairs are necessary, you may ask tenants to move out for a while [‘decanting']. The onus is on you while the work is going on, and you should compensate tenants for any extra expense [e.g. Extra travel costs to/from work]. Tenants are still liable to pay the usual rent during this time.
- If repair work has caused a tenant disruption, they may be entitled to claim a reduction on their rent. Tenants should claim a reduction after the work has been done.
Tenant's Responsibility and rights:
- A tenant should always report any repairs they undertake in writing to you.
- Tenants should tell you immediately of any damage to the property so agreement can be sought on how replacement or payment is to be arranged. Replacements should be ‘like-for-like'.
- Also, it is good practice for the tenant to inform you of situations which may result in damage to the property, like a leaking roof, even though it is you who is usually responsible for external and major repairs.
- Tenants are not responsible for wear and tear as time and use will result in furniture becoming worn. This includes making good redecoration caused by fair wear and tear.
- So long as the tenant's negligence isn't responsible for any appliance break down, you are obliged to repair or replace the appliance.
- You may make the tenant repair [or pay for] damage to the property caused by installing or removing your appliances and furniture. This is deemed as the tenants fault.
- If a tenant or a guest damage furniture or equipment provided by you, tenants are responsible for repairing or replacing it, even if the damage was accidental.
- If the flat is damaged because of another tenant in the block, you may have a responsibility to stop damage continuing or get the other tenants to stop causing damage.
- If you agree that the tenant can arrange for repairs to be done, tenants should get their written confirmation before any work is started, and always get receipts for any work done, and for any parts or materials bought.
- You or your agent should be approached first. If you do not accept responsibility for the repair and, the tenant is sure the repair is not his responsibility (see contract), seek legal advice.
- The time to repair must be reasonable, and this depends on the type of repairs needed. There are no fixed time limits. Urgent repairs should usually be carried out within a day, while repairs needing heavy works may take months to complete. Where repairs will take months, you may need to carry out temporary repairs.