Guide For Landlords And Tenants In UK - Housing Disrepair Claim
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A Complete Guide For Landlords And Tenants In UK

Posted on: Tue Aug 17 | 9:40 AM by: housing

Are you considering going into the rental market as a landlord? If yes, this guide is for you. On the other hand, if you are a tenant looking to hire a rental property, you also need this guide to make the right decisions. Landlords and tenants have their obligations and responsibilities. This will give you the information you need as a landlord about to let out your property or as a tenant planning to rent an apartment. Potential landlords and tenants should be aware of what it entails to rent or manage a property in the UK. Property management requires some basic business knowledge, skills, planning and legal awareness. 

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Renting An Apartment Checklist UK

  • Check And Find Out Who The Property Owner Or Landlord Is.
  • Check The Terms And Conditions.
  • Calculate Your Exact Deposit Amount.
  • Protect Your Deposit.
  • Check The Duration of Your tenancy.
  • Check Rules Regarding Smoking and pets.
  • Check Council Tax And Bill Payments.
  • Check Fixtures and fittings.
  • Check smoke alarms and carbon monoxide detectors.
  • Check If Your Landlord Provided An Energy Performance Certificate.
  • Check Gas safety certificates.
  • Run safety checks on electrical installation.
  • Other Safety Checks For Entire Property.

How Tenants Can Rent A Safe Apartment UK

Rented property should be a safe haven, free from housing disrepair, especially with moulds and damp. A home that is fit for human habitation. Most times if the tenant has moved in but the landlord refuses to fix some faults then that may lead to a  disrepair claim. Disrepairs claims range from compensation for mould and damp and other interior and exterior un-repairs. Find out more on how to claim compensation from your landlord for mould here. Meanwhile, lookout for the following when renting a property:

  • No Infestation.
  • Free from hazardous chemicals
  • An adequate supply of water.
  • Maintained structure with defects.
  • Good drainage system.
  • Adequate security.
  • Free from overcrowding.
  • Safe electrical installation.
  • Void of fire risks.
  • Free from excess heat and dehydration.
  • Free from damp causing moulds.
  • Free from extreme cold temperature.
  • Adequate recycle collection and refuse management.

Standard Terms Of Tenancy Agreement

A tenancy agreement is a contract between a Landowner and a renter. Rental or lease agreements are written down terms concerning information on a property, tenancy, repairs and duration. The agreement can be short or long-term. Think Before You Leap. Tenants are advised to take out time to read contracts carefully. Sometimes letting agents would want you to choose an apartment quickly without careful consideration, but don’t be in a rush to sign those documents. Every tenant must know their rights as stated in their responsibilities.

  • Paperwork And Documentation For Rentage.
  • Period Of Occupancy.
  • Property Information.
  • Rent Obligation.
  • Code of conduct and Live-in Rules.
  • Requirements For Housing Repairs.
  • Collateral Deposit Information.

What’s Included In Every Tenancy Agreement Documentation By The Landlord?

  • Full Names Of All Occupants.
  • Full Address Of The Property.
  • Start Date And Expiration Of Lease.
  • Specific Amount Of Rent.
  • Specific Amount Of Security Deposit.
  • State Policies Regarding Maintenance.
  • Contact Information.
  • State Other Rules Concerning Tenant Violations.
  • Lease Must Comply With All Applicable Laws.

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Covid-19 Non-Statutory Guidance For Landlords And Tenants.

Support measures have been put in place since the outbreak of the pandemic. Renters have experienced problems in retaining their homes, this is why the government has taken measures to support landlords and tenants. In march 2020, the government introduced the Coronavirus Act to extend notice periods. The government has taken action to prevent people from getting into hardship by placing a:

  • Ban on Evictions until 31st of march 2021.
  • Prioritising only serious cases.
  • Putting legal eviction on hold.  Government protects tenants affected by the pandemic. This means that no tenant has been driven out since the beginning of the pandemic.
  • Increased protection for renters.
  • Reduced rent.
  • Rent free period for some tenants.
  • Suspension of housing Possession cases for a few months.
  • Discretionary housing payment options

Health And Safety Inspections During Covid-19

There have been recent changes in regulations regarding repairs and inspections in the pandemic. Rent, mortgage payments and  possession of property in private and social rentals are also often updated and restrictions were put in place by the government to ensure health and safety obligations. With the advent of a pandemic, it is difficult to carry out important repairs but landlords must ensure they fulfill their responsibilities.

  • This is to support landlords and tenant’s property management.
  • They provide advice on safe inspections and planned maintenance.
  • Take significant precaution to prevent spreading the virus.
  • It could take a bit longer to work on emergency repairs.
  • Repairs and planned maintenance cannot be done in the home of tenants that are self isolating.
  • Appropriate social distancing must be maintained for safety checks.
  • The government has encouraged landlords to embrace a pragmatic, common-sense approach in all their dealings during covid-19. This is to reduce the risk of infection especially in shared facilities, overcrowded and shared apartments. The duty of the landlord and tenants are to minimize the risk of transmission.
  • Social contact rules must be followed indoors by tenants especially in regards to allowing visitors.

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What are the various types of tenancy Options for landlords?

  1. Month To Month Tenancy.
  2. Fixed Term Tenancy Option.
  3. Long Term Lease Option.
  4. Property Licensing.
  5. Student Lets.
  6. Home In Multiple Occupancy.
  7. Holiday Lettings.

Basic Principles For Property Letting

Same principles apply to all landlords, whether private or commercial properties. Land owners decide to rent their property themselves or consult an agent to manage it on their behalf. The landlord must be aware of the rule of law regarding putting out a property in the market. For instance, if a landlord charges a tenant unfairly, they can be reported to get back refunds. However they chose to give our their property they must ensure:

  • Property Is In Great Shape.
  • Funds are available for repairs when needed.
  • You know the terms of mortgage.
  • You follow your local laws.
  • Manage property effectively.
  • Protection of deposit.
  • You are familiar with the Land registry regulations.
  • You register with the landlord licensing scheme.
  • Seek legal advice.
  • Provide Insurance.
  • Have a mortgage against your home.
  • Take out a specialist policy designed for Landlords.
  • No illegal fees.
  • Trading standards awareness.
  • Know what tenancy is according to law.
  • Apply for a license before letting out property.
  • Decide whether a company will manage your property

Key Legislations For Property Letting

The Housing Act Of 1988: This act enforces all landlords to make sure that all properties are in good shape for dwelling. It must be structurally sound and the landlord is responsible to put things right especially for a long term lease of seven years. It states that tenants will not be charged by landlords for putting things right in their apartment such as adequate water supply, drainage, heating system, repair of damps and mould, safety of electrical systems, etc.

The Gas Safety Regulations Of 2008: The major concern of social and residential property owners is gas safety. The 1998 regulation makes it mandatory for gas safety to be checked annually. It states that gas safety certificate must be given to tenants before they move into a new apartment. Landlords are to adhere strictly to install smoke alarms, carbon monoxide alarms on every block or flat. A registered gas safety personnel should carry out routine checks as at when due. Failure to adhere to the rules by landlords can invalidate the tenancy and expose the landlord to unnecessary legal battles. It is easier and advisable for a landlord to leave the management of their property to estate agents.

1985 Landlord And Tenant Act (LTA)

The Landlord and Tenant Act of 1985 outlined the responsibilities of the landlord and his tenants. It states who is responsible for what repairs when an apartment is put out for rent. The LTA refers to all short lets for a period of seven years or less. Short leases are rent agreements on a weekly or monthly basis. This Act came into effect on 30th October 1985 which states that the landlord’s obligation is to keep the interior and exterior structure of the property in good working condition.

Tenants Rights And DutiesLandlord Duties
Has a duty to pay rent when due.Gives Tenant The Right To Possess Property
Payment of security deposit.Return security deposit.
Make Permissible Alterations.Keep property in safe condition.
Refrain from illegal use of property.Avoid causing Nuisance and make the environment enjoyable for occupants.
Maintain Property for duration of stay.Follow eviction Laws and Avoid unfair eviction or termination of terms of lease.
Refrain from committing waste.Provide security and follow safety codes.
Follow code of conduct.Prior notice before rent increment.

Tenant Eviction Solicitors Manchester

Land owners are expected to follow legal eviction protocols before any eviction notice.  Our housing disrepair claims solicitors Manchester offer a no win no fee housing disrepair claims. There are steps every landlord must take to avoid unfair termination of terms of lease. These requirements may vary in countries across the UK. 

  1. Prior notice before the eviction process.
  2. Provide written notice to the tenant. 
  3. Provide Proper eviction forms.
  4. Follow the rules.
  5. Follow community processes.
  6. Follow strict remedies.

What do Land owners look for in occupants?

Landlords want tenants that can afford their rent and maintain the apartment and not cause damage. Occupants who will make a good impression and also prove that they are financially stable, Personal data, Photo identification, Reference letters, Payslips, pay application fees, etc. 

How can a landlord refuse a tenant application?

A landlord can refuse a tenant’s application if they refuse to provide needed information:

  • Bad credit status, not financially dependable. 
  • Refusing a background check from the landlord.
  • No rental history.
  • Low income.
  • Bad personal history e.g if the intending tenant has been a felon in the past.

What should be on my rental application?

  • Cover letter.
  • Personal Information
  • Proof of employment.
  • Provide personal references.
  • Guarantors.
  • Provide Information on the previous landlord.
  • Provide all other important documents 

What Can My Landlord Charge Me For?

A Landlord can charge you for utility Bills and rent, he can charge you for making changes to the tenancy, For ending the tenancy abruptly, for council tax, TV licence, cost of repairs to damage you caused in the apartment, tenancy deposits, key replacement etc.

What are the qualities of a good tenant?

  • Renews Rent On time.
  • Maintains the property like his own.
  • Great communication and Good relationship with your landlord.
  • Avoid crowding the property with squatters.
  • Keep Apparent Clean.
  • Follow the rules in agreement.
  • Carry out your tenant responsibility.
  • Honesty.
  • Respect.
  • Great rental history.</span
  • Follow lease terms.

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