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Landlord FAQ's
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Here are some brief answers to some of the many questions we are often asked. What should I do if my tenant seems to have moved out but has left his property in the house? What if I just let someone a room in the house I live in and he pays me rent? Can I enter the property to inspect the state of repair and how the tenant is looking after it? What happens about insurance when I let out property? Who has to pay for the TV licence, me or my tenant?
What happens if I let a tenant move into a house and he just pays rent without a written tenancy? Do I create a proper tenancy?Yes. A written tenancy agreement is not essential for an assured shorthold tenancy to be created. Where you do not use a written agreement, the tenant will have a fixed term for the first six months during which you will not be able to ask him to leave unless he breaches the terms of the tenancy. however, if the agreement is not in writing, proving what the terms are will be difficult if not impossible. As a matter of good practice, it is always a good idea to use a written tenancy agreement.
What should I do if my tenant seems to have moved out but has left his property in the house?You should not assume that the tenant has left the property. The courts have been quite liberal in their interpretation of whether people have or have not moved out where property is left at a property. To be safe, if you have any doubt that the tenant has not moved out you should obtain a court order before entering the property and taking possession.
What if I just let someone a room in the house I live in and he pays me rent?If you rent out a room in the house in which you live, you do not create an assured or an unassured shorthold tenancy. The tenant is what as known as a licensee. Although they do not have any security of tenure it is always a good idea to give them reasonable notice if you wish them to leave. Reasonable notice in these circumstances usually means a four week period required by the Protection from Eviction Act 1977.
I have not increased the rent which my tenant pays for some time. Can I just tell him that the rent is increased and what if he does not pay?You cannot increase the rent during the fixed term of an assured shorthold tenancy agreement. If the fixed term has come to an end, you can increase the rent by asking the tenant to enter into a new agreement. If he will not, you have the choice to bring the tenancy to an end in accordance with the law. If your tenant is an assured tenant (as opposed to an assured shorthold tenant) there is a legal procedure which requires you to serve a notice on the tenant giving them the opportunity to object to the increase. Ultimately, if the matter cannot be agreed, it will be set by the rent assessment tribunal after an inspection of the property. You and the tenant will then be bound by the rent that is assessed. If the rent is increased without following this procedure, then if you try and recover the rent, the court may not allow you to recover the increased amount.
I want to rent out a house which I own but I have a mortgage on the property. Do I have to tell the lender?It is always good practice to tell your lender if you intend to let out the property. Most mortgages have a prohibition on letting without the approval of the lender.
I have moved into a new house but cannot sell my old property. I want to let it out for a year or so because I think the market will improve. What should I do?You should get your tenant to sign an assured shorthold tenancy agreement for either six or twelve months. It is probably a good idea in these circumstances to serve a notice under Section 21 of the Housing Act 1988 saying that you require possession of the property at the end of that initial fixed period. This should be done at the start of the tenancy and will enable you to recover possession more speedily if you need to get the tenant out to sell the house at the end of that time.
Can I enter the property to inspect the state of repair and how the tenant is looking after it?This will depend on the terms of any tenancy agreement. Most written tenancy agreements allow the landlord to inspect on giving reasonable notice. Reasonable notice is usually no less than 24 hours and often requires the landlord to give the tenant notice in writing. What would not be acceptable is simply turning up and letting yourself in as this could be a breach of the tenant’s rights of quiet enjoyment.
The tenancy was for 6 months which has expired. Do I need to grant another agreement or can I simply take no action?Where the initial fixed term of the tenancy has expired, there is no need to enter into a new fixed term agreement unless you wish to bind the tenant to stay for a further fixed period. A tenant who does not sign a new agreement in these circumstances “holds over” as a statutory periodic tenant. To all over intense and purposes, the rights and obligations of both the landlord and the tenant remain the same.
What happens about insurance when I let out property?It is usually the landlord’s responsibility to insure the property and it is good practice to keep it this way so that you are sure that the property is properly insured for the full value. It is essential to tell the insurance company that the property is to be let out. If this is not done, the insurer may be able to avoid paying up if there is a claim. You should also make sure that the insurer is told when the property is empty. The general rule is that everything material to the risk which the insurer is asked to assume is disclosed to the insurer. If this is not done the insurer can refuse to pay claims.
If I let out a property, do I have to provide the tenant with any furniture? I have an old three piece suite. Can I put this in the property?There is no obligation to provide the tenant with furniture. You can let a property furnished or unfurnished or partly furnished. If you let a property with furniture it is usually a good idea to make sure that there is an agreed inventory between you and the tenant including notes on the state of furniture. This is so that if the tenant damages any property you will be able to prove it at the end of the tenancy. You must also be careful however that any furniture in the property complies with the latest fire regulations. Old three piece suites may not comply. Only furniture which is properly labelled as complying should be provided to the tenant.
The tenant has always been late paying rent but he pays eventually after a lot of chasing. What should I do?You could serve the tenant with a notice under Section 8 of the Housing Act 1988 as this is a breach under Schedule 2 of that Act. This is one of the grounds which would allow you to recover possession via the court. It is however only a discretionary ground and even if proved, the court has the option to allow the tenant to stay provided that rent is paid together with something towards any arrears. This is known as a suspended possession order.
Who has to pay for the TV licence, me or my tenant?The position is not as simple as it might be. If you provide the TV you must buy the licence but you can provide in the tenancy agreement that the tenant must buy it. BUT, both you and the tenant could be prosecuted if the tenant fails to do so and the premises are unlicensed. See www.tvlicensing.co.uk/information/landlords.jsp
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