Frequently Asked Questions (FAQ’s) and Information for Landlords

 

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How does a Landlord start the process of renting their property out?

We will arrange a time that is suitable with the Landlord to carry out a free rental valuation on the property. If the landlord is happy to go ahead with us, we will send an agreement out to them for them to sign and return and we will start to advertise/carry out viewings to find a tenant.

Who deals with the tenant?

It depends on which service the Landlord has chosen – if it’s a tenant Find only then we will give all the details of the Landlord to the tenant on the date they move into the property. If we manage the property then we will deal with the tenants.

What does a Landlord need to do to their property before the tenants move in?

The Landlord should make sure the property is well presented, maintained and of good decorative order before the tenant moves in. The tenant is also more likely to treat the property with greater respect.

Whose responsibility is it to keep the garden maintained?

The Landlord should make sure the garden is clean and tidy before the tenant moves in. During the tenancy it is the tenants’ responsibility to keep the garden maintained to a reasonable standard. However, if the garden is large or the Landlord values the garden, they can arrange regular visits for a gardener to attend.

Can the landlord leave any personal possessions in the property during the tenancy?

All personal items of the landlord should be removed from the property, especially if they are valuable or of sentimental value. The Landlord can box up their personal items and leave them in the attic but that would be at their won risk.

Does the Landlord need to leave any information for the tenant?

It would be helpful for the tenant if the Landlord left information for things such as – central heating system, instructions for alarms and days bins are taken out.

What insurance does the Landlord need?

Landlords should ensure that they are covered for renting their property under both buildings and contents insurance. Failure to do this may invalidate the Landlord’s policies.

What is a Section 21 Notice?

A Section 21 Notice to Quit is the notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy The landlord is able to issue the tenant with a section 21 notice without giving any reason for ending the tenancy agreement.

What is an Assured Shorthold Tenancy?

An Assured Shorthold Tenancy is the most frequently used tenancy agreement in the letting of residential properties. This type of agreement is also referred to as an ‘AST’ or ‘Shorthold Tenancy’. Assured Shorthold Tenancy agreements are normally arranged for a six month period, but can be agreed for a longer period, e.g. twelve months. This type of tenancy allows the tenant to remain in the property for the first six months, or initial fixed period. The main requirement with this type of agreement is that the landlord and tenant agree on the minimum term and amount of rent. An Assured Shorthold Tenancy ensures that the tenant is protected in terms of the sum of rent. This means that the tenant has the right to challenge excessively high rent or changes in the agreed rent

What references does a tenant need to give?

Current Landlord, current employer and character reference (ie from a friend or neighbour – NOT family member) Sometimes we will do a credit check on a tenant, if they have been bankrupt in the past for example.

Who is responsible for contacting the utility companies and council?

We write a brief letter to the utilities and council advising a new tenant has moved in and the date they moved in. It is then the tenant’s job to keep up to date with payments.

What rules are there about what comes with a property if it is fully, part, or unfurnished?
There are no strict rules. However, in different parts of the UK and niche parts of the market even; expectations and reality can vary substantially.

As a rough rule of thumb, a ‘fully furnished’ property usually comes with all the main fixtures, furnishings and fittings, white goods etc., plus general crockery, cutlery, glassware, pots and pans etc., that an ‘average’ tenant would normally be expected to use on a day to day basis.

An ‘unfurnished’ property, however, would normally only provide the basics of carpets, curtains and light fittings.

To ensure that neither the landlord nor the tenant feels disadvantaged, it is very important that exactly what is and isn’t included in the agreement is clearly understood by both sides before finalising the tenancy contract.

What safety regulations are there for rented property?
There are a number of legal obligations and responsibilities for a landlord which apply to fire safety, furniture & furnishings; gas supply and appliances plus electrical wiring and appliances etc. The Governments Health and Safety Executive has an excellent website for landlords and tenants which offers the most up to date information on Gas regulations.

What about an inventory/schedule of condition?
This is an absolutely essential document which we provide for all of our managed properties at PDQ. A well produced inventory/schedule of condition details the fixtures and fittings and describes their condition and that of the property generally. It protects the interests of both landlord and tenant.

What does ‘jointly and severally’ mean?
Usually, where there is more than one adult living in the property, the tenancy will refer to them as being “jointly and severally” liable/ responsible. This means that the tenants are, as the phrase implies, jointly liable for the payment of all rents and all liabilities falling upon the tenants during the tenancy, as well as any breaches of the Agreement. Each tenant is individually responsible for payment of all rent and all liabilities falling upon the tenant, as well as any breach of the Agreement until all payments have been made in full.

Where is the tenants deposit held?

The tenants deposit is held independently by The Deposit Protection Service – visit www.depositprotection.com if you would like more information

What is a ‘break-clause’?
Occasionally, a fixed term tenancy agreement will have a break clause included if the initial fixed-term is for a year or more. These clauses are usually worded to allow either landlord, or tenant to give two months written notice at any stage after a particular date or period of the tenancy, enabling the terminating of the tenancy earlier than the end of the original fixed term.

What happens if the landlord or tenant unexpectedly wants to end an existing tenancy early?
This can be arranged but only in certain circumstances and both landlords and tenants rights are protected. The landlord cannot make the tenants move out, nor can the tenants simply walk away from their obligations. Either the landlord or the tenant can request that a formal surrender of the tenancy is agreed. It is then up to both sides (parties) to agree the terms and conditions of such a surrender. This often includes financial compensation for inconvenience and, or, costs.

What about access to the property?
A landlord, his agent, or someone authorised to act on his behalf (such as a builder etc) 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 a tenant must be given at least 24 hours prior notice in writing (except in an emergency) of such a visit by the landlord or agent. However, as long as the tenant agrees, earlier access can be given without 24 hours notice. Any clause in a tenancy agreement which tries to erode or override a tenant’s rights in this respect may well be void and unenforceable.

Who is responsible for repairs to the property?

The Landlord is liable for general maintenance and repairs. If the property is managed by us we will arrange via the Landlord or if it is a Tenant Find the tenant will contact the Landlord direct. Tenants are responsible for any damage that isn’t deemed as fair wear and tear and is usually taken out of the deposit.

Who does the tenant contact if they have any problems/maintenance issues during the tenancy?

If it’s a managed let, contact us. If it’s a Tenant Find Only contact the Landlord direct. When a tenant moves in we will give details of their Landlord.

Are tenants entitled to know the name and address of the landlord?
Yes. This information must be provided by the landlord or his agent within 21 days of receipt of a formal written request by the tenants.

What about renewals (re-let) and extensions of a tenancy?
This is very common and PDQ Estates Ltd will negotiate between the parties and prepare the necessary paperwork/ contracts

How is a tenancy terminated?
Ending a tenancy is usually straightforward as long as the correct timescales, paperwork and procedures are followed. The timescales, procedures and format vary depending upon which type and status of the tenancy at the time you wish to end the tenancy. Please ask us if you have any specific questions. We are always happy to help.

What happens if the tenant doesn’t move out after the end of a tenancy?
If we are managing the property we will try to find out why as soon as we are able to establish contact. There may be a valid reason and a solution can often be found without recourse to the courts. However, if a tenant refuses to move after a tenancy has been lawfully terminated then 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 Shorthold), the process is usually fairly quick and inexpensive.

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