Top Tips For Avoiding Costly Landlord And Tenant Disputes
Disputes involving tenancy agreements can be onerous if youre a landlord - and bring untold grief if youre a tenant - so wise up on the dos and donts if you want to avoid problems.
Thats the advice of Sarah Woolnough, a member of the landlords and tenants dispute team at leading regional law firm Furley Page, who says: The law is complex. The obligations of a landlord can be daunting and the fines substantial if theres a dispute.
Because of the tough economic situation theres a growing trend for landlords to let property without taking legal advice and not be fully aware of the legislation and the pitfalls.
Sarahs top reminders for landlords are:
* draw up a tenancy agreement and consider a guarantor
* carry out a credit reference check or take up references from previous landlords or employers from the bank
* arrange a gas safety check by an approved engineer and check that the electrics and electrical appliances meet safety standards
* protect any deposit from a tenant in one of three schemes set up by the government
* If its a multiple occupancy you must get a licence from the local council if the property is more than three storeys high otherwise you could be fined 20,000
* draw up an inventory to use at check-in and check out
* consider fitting smoke alarms, fire extinguishers and carbon monoxide detectors
* suggest the tenant has contents insurance for personal belongings
* consider having a guarantor.
Tenants should also check for:
* the length of the tenancy and the renewal options
* a receipt for your deposit and confirmation the deposit is protected in one of the government schemes
* the inventory that it includes any existing damage to the property, curtains or carpets to avoid liability at the end of the tenancy
* noisy or troublesome neighbours
* an Energy Performance Certificate (EPC)
* a certificate from a Gas Safe Registered engineer (formerly Corgi) who must check the property each year at the landlords cost
* the tenancy agreement once youve signed it youre legally bound to its terms.
Sarah recommends legal advice is sought by both landlords and tenants before entering into a tenancy agreement to avoid any unpleasant surprises further down the line.
Thats the advice of Sarah Woolnough, a member of the landlords and tenants dispute team at leading regional law firm Furley Page, who says: The law is complex. The obligations of a landlord can be daunting and the fines substantial if theres a dispute.
Because of the tough economic situation theres a growing trend for landlords to let property without taking legal advice and not be fully aware of the legislation and the pitfalls.
Sarahs top reminders for landlords are:
* draw up a tenancy agreement and consider a guarantor
* carry out a credit reference check or take up references from previous landlords or employers from the bank
* arrange a gas safety check by an approved engineer and check that the electrics and electrical appliances meet safety standards
* protect any deposit from a tenant in one of three schemes set up by the government
* If its a multiple occupancy you must get a licence from the local council if the property is more than three storeys high otherwise you could be fined 20,000
* draw up an inventory to use at check-in and check out
* consider fitting smoke alarms, fire extinguishers and carbon monoxide detectors
* suggest the tenant has contents insurance for personal belongings
* consider having a guarantor.
Tenants should also check for:
* the length of the tenancy and the renewal options
* a receipt for your deposit and confirmation the deposit is protected in one of the government schemes
* the inventory that it includes any existing damage to the property, curtains or carpets to avoid liability at the end of the tenancy
* noisy or troublesome neighbours
* an Energy Performance Certificate (EPC)
* a certificate from a Gas Safe Registered engineer (formerly Corgi) who must check the property each year at the landlords cost
* the tenancy agreement once youve signed it youre legally bound to its terms.
Sarah recommends legal advice is sought by both landlords and tenants before entering into a tenancy agreement to avoid any unpleasant surprises further down the line.
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