FAQ's

What about insurance?

Landlords and tenants should take care to review any existing policies when renting or letting a property for the first time as some standard insurance products will either not cover, or might place restrictions on cover, for rented property and/or its contents. A failure to inform your insurer that you are renting or letting a property could invalidate any subsequent claim. It is the responsibility of the landlord to insure the building and his/ her contents, fixtures and fittings.

The tenants are responsible for insuring their own possessions. There are various specialist insurance products designed for landlords and tenants and rented property: - Buildings, Contents, Legal Expenses, Emergency Repair cover, Rental Guarantee cover etc. After the 14th January 2005 it has become illegal for a letting agent (or anyone else) to advise on or sell such general products unless they are authorized by the financial services authority (FSA), or directly regulated by a broker registered with the (FSA). We can however provide you with the contacts of our own specialist landlord insurance broker who can arrange any or all of the insurances you require for your property.

Repairs and maintenance issues.

A landlord, in very general terms, has a legal responsibility to repair the structure and exterior of the property, including drains, gutters and external pipes; to keep in working order of the installations for the supply of gas, electricity and water; and, for the installations for the provision of the space and water heating. The landlord also has other legal responsibilities relating to the safety of such items as gas, electricity and furnishings as well as general standard of fitness of the property for inhabitation.

A tenant has an implied covenant to act in a tenant like manner. Broadly, this means to report disrepair promptly; to take reasonable steps to ensure that neither the tenant or guest damage the property, its fixtures fittings; to do the minor day to day things any home occupier would normally do e.g. replace light bulbs, fit a new battery in a smoke or co2 detector, tighten an odd screw which has come loose on a door handle etc,; to keep the property reasonably warm and aired to prevent condensation or freezing of the pipes; to leave the property secure when absent from it.

Are tenants entitled to know the name and address of their landlord?

Yes, there are two or three pieces of legislation that govern this issue and it is a criminal offence for an agent (or whoever is collecting the rent) to fail to provide, without reasonable excuse, this information within 21 days of formal written request by the tenants.


What about renewals or extension of tenancies?

This is a very common situation and we will normally negotiate between the parties and prepare necessary formal documentation for a replacement tenancy or fixed term extension. If no further fixed term is created to follow on from the end date of the original term, and assuming notice to end the tenancy has not been served, the tenancy can simply hold over as a "periodic tenancy" e.g. rolling on with basically the same terms and conditions and in the line with how the rent is due to be paid. This is usually monthly.

How is a tenancy terminated?

The law around ending a tenancy is relatively straightforward so long as the right timescales and procedures are followed, along with the use of the correct format of notice. The timescales, procedures and format will vary dependent upon the type, and the status of the tenancy at the time you wish to end the tenancy. We use standard legal documentation for this procedure.

What happens if the tenant doesn’t move out after the end of a tenancy?

First, we try to quickly establish the reasons why they have not vacated. However, if a tenant does not move out after a tenancy has been law-fully terminated the landlord can apply to the courts for a possession order. Under the accelerated possession procedure (which can be used where the tenancy was an assured short hold) the process is usually fairly quick and relatively inexpensive, although may still take weeks or months especially if a bailiff is required to remove the tenant.

How about rights of access to the property, what are the rules?

A landlord or his agent, or someone authorized to act on his behalf has a right to view the property to assess its condition and to carry out necessary repairs or maintenance at reasonable times of the day. The law says that the landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally if the tenant agrees, on specific or odd occasions to allow access without 24 hours prior written notice, that is acceptable. A clause in the tenancy agreement which tries to diminish or to over ride a tenant’s right s in this respect would be void or unenforceable.

What about safety regulations for rented property?

There are specific legal obligations and responsibilities on a landlord with regard to fire safety for furniture and furnishings; Gas supply and appliances; plus electrical wiring and appliances. We can advise you on the timing and procedures necessary to comply with these requirements.

What is a tenancy agreement?

A tenancy agreement is a legally binding contract between a landlord and tenant that sets out both the legal and contractual responsibilities and obligations of the two parties. It should be written in plain and intelligible language (no unnecessary jargon) and its terms and clauses should be fair and balanced, taking account of the respective positions of both parties and should not mislead about legal rights and responsibilities. We have our own legal tenancy agreements for use by our clients.

What about an inventory or schedule of condition?

This is an absolutely essential document that provides a written bench-mark for the condition and contents of your property. It should be amended, updated and recreated before the beginning of each new tenancy. A properly constructed inventory/schedule of condition details the fixtures and fittings and describes their condition and that of the property generally. Landlord and tenants often share the costs involved in preparing and checking the inventory as they protect both parties; such costs should be seen as necessary investment that helps protect the interests of both landlord and tenant. If you do not have your own inventory we can draw up one for you using our own standard inventory schedule.

What about the tenancy deposit?

Tenants deposits are now regulated by government legislation. Deposits can still be taken but are regulated, there are three approved schemes available. Two of these schemes enable the landlord to retain the deposit one of the schemes is custodial where the deposit is retained by a third party, the scheme operator. Different costs apply for each scheme, the custodial scheme is the only free one, the costs of the other scheme vary depending on how many properties you have and whether we register for you of whether you do this yourself. We can advise you further on these options and the costs that apply to you upon assessment of your property or portfolio.

What happens if either party (landlord or tenant) unexpectedly want to end the existing tenancy agreement early.

There are only limited ways in which this can happen; the landlord cannot make the tenants move out, nor can the tenants lawfully walk away from their obligations to fulfil the contract. Either party might request of the other that a formal surrender of the tenancy to be allowed. It would then be up to the parties to agree terms and conditions of such surrender. This might include some financial compensation for inconvenience or costs incurred.

Are there any rules about what comes with a property if it is fully furnished, part furnished of unfurnished?

No, there are no strict rules but both expectations and reality can vary in different areas of the country and even within the local markets. Generally, a property offered as “ fully furnished” would come with all the main fixtures, furnishings and fittings, white goods etc., plus the standard crockery, cutlery, glassware, pots and pans etc., that a reasonable tenant would normally use on a day to day basis. At the other end of the scale, an unfurnished house would normally be provided only with such basics as carpets, curtains and light fittings. Clearly, there are infinite variations between these two extremes of what might be included. Therefore, the critical aspect , whether you are a landlord or a tenant, is to make sure that everyone clearly understands what main items are, or are not, included before finalizing the tenancy agreement. We can help clarify this situation by drawing up in inventory for you using own standard documentation.