ASK SHARON

Requesting landlords references

I am considering renting out my property and have used your website to obtain valuable information on tenancy agreements and tax implications. I would like to request tenant references from previous landlords but am unsure of what to ask. Are there standard questions or do I simply write and request references? Is there a standard questionnaire I can use?

Thank you for the kind comments. It starts with your interview with the tenant. Ask for two references minimum – preferably from the last and last but one landlord. The last landlord could lie and give a good reference to get rid of someone, the one before last has nothing to gain and is more likely to be honest. Are you a member of your local landlord’s association? I have found them very helpful and often provide paperwork that can help you. Otherwise, draw up your own reference request – you may need to get your tenant to sign an authorisation that this is acceptable to him.

You want to know:
The dates he lived in the property
Whether there were any issues of anti-social behaviour
How he conducted his tenancy
How he conducted his rent account – ie whether he paid on time, whether he left any rent arrears when he left
How did he leave the property – ie did he give correct notice, was the property left clean and tidy

In addition, a character reference may be helpful.
Also, speak to your local authority – is there a facility through the Accreditation scheme (if there is one) to get a reference from the authority about past tenancies with them?

I hope this is helpful.

Right of entry

Can you clarify the legal right of entry into a tenanted property? for example, if after giving 24 hours notice in writing, can a landlord enter the property if the tenants do not agree and are not present?

No – even with the notice, if the tenant does not agree, you risk action for harassment. I think you need to write a stiff letter advising that as the landlord, you cannot be denied access to inspect for repairs and that you will obtain a court order to gain entry, if you have to. In future, I advise that you get an agreement signed when the tenancy commences that says that you can enter, provided adequate notice has been given. I know it is sometimes necessary to inspect without the tenant being present (provided you have the tenants permission) but I would be very cautious – the tenant could accuse you of theft and various other unpleasant things, if they, or a representative of them, is not there.

Pest control

Is a landlord or a tenant liable for pest control charges after an outbreak of bedbugs in a house with no previous history of pests?

Whose bed is it? That would be my starting point. I believe bed bugs can live in carpets in a dormant state, if the house has been unlived in. I would also say – ask the experts. Whoever deals with infestations in your area will have a wide knowledge of the subject and should be able to indicate how a previously uninfested property now has bedbugs. The answer should indicate responsibility.

Energy assessment

I am recently returned from Belfast to London and looking to rent out my house there. I spoke to a number of letting agents in Belfast one mentioned that there is a requirement for a building energy assessment to be done on the property before I can rent. What do you know about this new rule?

I am unsure about the situation in Belfast, so apologies, but from 1 October in England, all new lettings must have an energy performance certificate for the property. Cost is not excessive, and competition in England is becoming fierce with prices starting at £70-ish but now down to £45-50. If this has been the legislation in Ireland for some time, you will find prices will be competitive. They last five years. The certificate will look at loft insulation, whether there is cavity wall insulation, double glazing, the type of boiler, whether there are energy efficient light bulbs and anything else you can think of!

Unpaid telecom bills

I rent out my spare bedroom to a lodger. My previous lodger left in January. He had his own phone and Internet connection in his room, which he paid for himself. As we got on so well, I stupidly believed him, when he said it was all paid up when he left. However I keep getting a bill from the supplier, which has now been referred to a debt collection agency. I keep returning them to sender, indicating he is no longer at this address. But they still keep sending them and they are quite threatening now.

My question is am I liable for this bill? Or should I just keep on sending them back?

Provided the bills were in the lodger’s name, they should not believe you are liable. You state they are becoming threatening – does this mean you opened them? If they were addressed to your former lodger, you should not have opened them.

I believe you need to write a strongly worded letter, stating that ‘this was your lodger’s debt and he moved out on... Please ensure no further correspondence comes to my address’

’If you have any contact details, enclose them in the letter. Enclose any (unopened) correspondence in the letter. You may have to do some checking to ensure you are not black-listed for debt.

If the bills are in your name, I think you will have difficulty in escaping the debt.

He said that he had not even spent a night there so does not feel he should have to pay, he was always staying at his girlfriend’s house. The fact that he said he wanted to move out early was fine, I said that we may write a cheque for part repayment of rent should the room be left in good order and asked him to leave that evening. The room was not left in good order and he left some of his belongings. He still has the keys to the house and refused to give them back so obviously I had the locks changed so I would feel secure in my own home. He said that he would collect the rest of his belongings ASAP, he still has not arranged to do so.

I understand that as a lodger which used shared facilities he has very few rights. Have I shot myself in the foot by saying I would give him some money back and is he still effectively lodging as he has not collected the rest of his belongings?

I am amazed by the number of ‘friends’ who find it acceptable to behave in a most unfriendly way to those who have been kind enough to take them in. For future reference, should you take another tenant:
1. Taking a deposit is to protect you, it has nothing to do with whether the lodger gives notice or not;
2. As a lodger, he had minimal rights; a lodging agreement need not be terribly binding, but would at least give you the chance to agree between you what was acceptable; he took offence that you asked him to leave with notice so he left right away, leaving you feeling uncomfortable. An agreement would have allowed you to say goods left for say, one week after he vacated would be disposed of, but you have nothing in writing that would allow you to do that.
3. As he made the decision to leave, he should have removed all his goods and returned the keys – had you wished to get another lodger, you could not do so because his goods were there.
4. The fact he is saying he did not sleep there is irrelevant – his goods were there and he had a rental liability.

I think you have tried to be fair to someone who has behaved quite badly, but I don’t think offering him some of the rent back has shot yourself in the foot. However, you need to be very clear what you are allowing him and why – he chose to leave without notice, you have had to change locks. You should certainly deduct the lock change from any rent payment you think you should return.

My own feelings are that if his goods are still in the property, you cannot re-let and he has a rental liability therefore until he does so. However, as you made it clear that you were not re-letting immediately, that may be a difficult one to argue! Good luck.

Missing keys

A friend of mine has a property which she lets out. Recently the last tenants moved out and back into local authority housing as they could not afford to pay the rent. They left the property in a bad state of repair, repairs that have cost more than their deposit. Upon meeting with tenant at the property and telling him there would be deductions due to damage he grabbed the keys and attempted to drive off saying 'no deposit, no keys' my friend’s partner jumped in tenant’s car and grabbed the keys back. Two keys were missing and it was suspected that the previous tenant had been letting himself in to collect mail. I tried to convince my friend to change the locks but she didn't seem to think it necessary. New tenants have now moved in they recently called to say they could smell gas. An engineer was called and discovered that two screws had been deliberately removed from the boiler.

Is there anything that could oblige my slightly naive friend to do the right thing and change the looks?

I’m afraid not, other than keep re-iterating that she is being very foolish for an expenditure of a maximum of £100 to change the locks. For the sake of her new tenants, who are at risk if someone can enter the property at will, she must get it done.

Noisy neighbours

The house next door rent the property out to Slovakian families.

Over the past two years we’ve had nothing but noise problems with the tenants we have contacted the environment agency and they have recently installed noise monitoring equipment. If the results come back that there is a noise issue with the tenants is there any legal recourse I can take against the landlords? I am looking towards selling the house due to finance. Issues and they are putting of prospective buyers is there anything I can do about this? Any advice would be gratefully received my email address is davidian_26_@hotmail.co.uk

I would expect that if the Environmental Agency are involved, they will be advising you fully of their findings and what action you can take. If this was my area, the anti-social behaviour team would be advising the landlord that action must be taken, and it may be the same thing will happen in your area. I think any steps to obtain damages off the landlord for the perceived loss of possible buyers would be very difficult to prove, given that the property markets at the moment are depressed. Certainly, if the case is proved, the landlord should be serving notice using a ground 14. Be prepared to do a statement for court, if it comes to that. The evidence proved by the noise monitoring equipment should also be used in evidence.

I also wonder whether there is a mediation service in your area – do they perhaps not understand the noise they are making and how disturbing this is?

New owner wants damages

I have recently sold a house. Tenants were living there at the time but had been served notice through the courts. They have now left but the new owner is concerned about the amount of damage throughout the property and is asking me to pay for part of the costs - which I do feel obliged to do. New carpets are required throughout due to water and urine damage, new door frames are needed as the original frames have been removed, and new light fittings and air vents due to damage. The whole house and garden area was left in a shocking state.

We could not gain access to the house before the tenants moved out. The tenants had complained to the local council about myself and the new owner and we were told by a gentleman in the local council not to hassle them.

My question is: would it be possible to claim against the old tenants for the damages maybe through the small claims courts?

Did you take photographs on the day the old tenants moved out? Have you and inventory and/or photos from when the tenancy started? If so, and you know where they are living, you could take them to the Small Claims Court. However, a word of caution – if the ex-tenant can make a case against you that there was bad feeling and they had had to approach the council, the tenants could then say that they are not responsible, spite has motivated you etc. You need clear evidence, receipts to show that the carpets were brand new when the tenant moved in etc. Presumably you retained the deposit, so that would need to come off the list of damages.

It is always better, of course, to make your issues known as the tenant is vacating the property. Good luck.

Gaining access

I have a tenant whose contract is due to expire shortly when I will be moving into the property. I have asked for access to the property as I wish to bring in a builder to look at doing the kitchen prior to my moving back. I have explained that this may require several visits, all of which I would make during the day while the tenant is at work so as to minimise impact. The tenant is not being entirely co-operative. Naturally if new tenants were moving in they would be required to give access for viewings. Is there anything I can do to gain access?

They may be expected to allow viewings in the last month, but no more. I would also say that if they do not allow access for viewings, there is nothing that can be done to force it. I would not be happy to have builders going into my property (which it is to the end of the tenancy) whilst I was at work, and certainly not several times. You must ensure that you have their signed permission before you go into the property during the day – if not, they could believe that their quiet enjoyment is being disturbed and they are being harassed.

Troublesome tenants

Our neighbouring house is one that is privately rented. The landlord has recently moved a family that he knew had troublesome in another house which they also rented from him. This family are dealing drugs from the very house.

Is there anything that we can do to have this family moved and anything we can do about the landlord placing these people here knowing what they are like and what they do?

Drug dealing is a criminal act – inform the police. Speak to your local authority and see if there is any action they can take, but be aware, these kind of cases can take a long time to sort out.

Not so quite enjoyment

I am one of four students of Cardiff University currently in the second year of a tenancy which we arranged through a letting agency. We signed a standard student contract for the academic year 2006/7, which consists of half rent payable for July and August, and full rent payable for September – June. In January 2007 we renewed our contract for another academic year.

We had experienced some problems with the landlady in the first year. She did not provide 24 hours written notice before entering the property, as our contract states (sometimes not even verbal notice) and on occasions she entered without knocking, just letting herself in with her own key. In November 2006 she informed us that the doors on our bedrooms would need replacing, and that this could not wait until we had vacated the house for the holidays. For us, this meant several weeks of a builder turning up in the evenings (as this was the only convenient time for him) to change the doors. Each person experienced a number of days with no door. However, we were as accommodating as we could be, and made no complaint to our letting agency about what was going on.

Unfortunately things have now got worse. Complaints have been made to the letting agency about damp in the house and the landlady has placed blame on a tumble-drier we purchased from the previous tenants, which broke within a month of us moving in.

The breakage was visible, as the door became completely separate from the rest of the unit, and the tumble-drier was unusable.

The house is in a terrace, and all external walls have damp and obvious mould on the base. The tumble-drier was removed, as requested by the landlady. Since this the walls have been repainted, and the mould has reappeared, making it apparent to all that the tumble-drier was not the cause of the mould. The complaint has still been lodged with our letting agency however, that it was our fault that this problem has arisen.

A major breach of our contract occurred in December 2007 when, without warning, two large chests of drawers were delivered to our house. Despite telling the deliverymen that we had no knowledge of the chests being delivered, we were bluntly told that it was ‘not their problem’ and that they had been told the landlady was going to contact us prior to the delivery.

Each chest of drawers was sizable, 100 x 175 x 50 cm, and both were left in our hallway, the main access route to the house. When we contacted the landlady to inform he they had arrived, she told us she would ‘be round tomorrow to move them’. Days and weeks passed before the drawers were eventually moved.

The location of the drawers obviously created a fire hazard, as there was limited access from upstairs to the front and back door, which was reported to the letting agency and the landlady.

The entire Christmas holidays (almost four weeks) passed before the drawers were eventually moved, by which time we had all returned to the property. After being out during the day, we arrived home to find that the landlady had entered the premises, moved the drawers into two of the rooms, had emptied the contents of existing drawers into the new set and had removed the existing drawers. Understandably, the two girls in question were furious with what had happened. We contacted the letting agency with no success. We rang the landlady direct, who admitted to the breach of the contract, but insisted, ‘It had to be done…I could have dumped the stuff on the floor’.

We then approached our student union for advice, and booked an appointment to see a lawyer who gives free consultations. During the appointment, we were told that our landlady had indeed broken the contract, but that, realistically, any action against her would almost certainly lead to our deposit being partially, if not completely withheld. We were also advised to contact the City Council, and for one of their officers to come and complete a damp survey on the house to confirm, in fact, that there are structural causes behind the mould that has appeared. This is currently pending.

Our main concern, other than obviously about the possibility of losing our deposit, has been brought to our attention by the landlady in the past few weeks. Our landlady via a phone call informed us that building work was to be carried out on our house in the middle of June. This work consists of demolition of the back lean-to bathroom and foundations being laid for a new extension. In the course of this proposed work, our downstairs bathroom will obviously be unusable, as will the garden, and the living room adjoining the bathroom. There is no back access to the house, and so all workmen will be requiring front door access.

We think that the start of this work occurring in a period of time where we are living in the house and paying for the privilege is unacceptable. During the period of the day while the builders are in the house, few rooms will be available for use without being disturbed, as in addition to the living room and downstairs bathroom, the hallway and kitchen will provide the route from the front door to the back of the house. We have contacted the landlady about this; she is unwilling to delay work until July (the half rent period for next year’s tenants) as she says that there will not be enough time for everything to be finished. We have argued that, should this be the case then the house should not have been made available for next year. As she has not budged on the matter, we have contacted the letting agency. They have been made no apparent effort to contact the landlady, or indeed attempt to postpone the work. In the past few days we have been to the Citizens Advice Bureau, but they have not been able to give us any idea of how now to pursue this matter.

Our concern is that we have signed contracts but it would appear, as tenants, we have no legal rights and no way of challenging what our landlady is doing. What advice would you have for us on the matter?

It is rare that you will ever read this from me, but go back to CAB and ask them who the prosecuting authority is in your area where harassment is taking place. There is no question that this is what is happening. The last few weeks of the academic year may require you to arrange what you are doing next year and you should not, therefore, have the worry of this work and the dirt and dust that will get into all your things. They should also be the ones who can set your mind at rest about the deposit and can handle on action if she attempts to withhold it unfairly. The other preferred options for me would be that you contact the local authority and see if they undertake any actions, say from a Tenants Advisory Service or Housing Aid office. The Accreditation service, if there is one in your area, may also like to know about this landlord, who is giving private renting a bad name.

Dilapidated rental properties

I am the owner of a property in Leeds in an area a number of houses have been let privately. The houses are now becoming run down and are devaluing my home. The gardens are full of old furniture, cables running down the front and backs of houses. I even have a cable going over my property (Ii think this is for one house having sky and the others using it FOC).

I want to find out who owns these properties. I have tried to ask the tenants but most are Polish and don't understand what I am asking. Is there someone I can report this matter to? How can I get this situation rectified.

Environmental Services are who you need to contact. They can get the landlord’s addresses for these properties and contact them, if the situation is that bad. Certainly, I would expect they would be concerned about furniture in the gardens because of the fear of vermin and the electrical safety aspects. Good luck.

Recovering the cost of damage

With my wife I own a property in Neasden, North London. We paid £30,000 pounds to fix the place up so that it became a lovely little home.

I insured my property for damage and contents as a buy to let, with the letting handled by professionals. I then signed an agreement with a management company.

The management company then decided to let my property out to a council tenant. It turns out she/he/they were heavy drug abusers and they were evicted from the property. They totally destroyed my property causing damage to the rune of £15,000.

Where do I stand if the council has told my management company that they will only reimburse us £500 pounds - just to replace the front door with security costs £1,400 alone. My walls have been kicked in and punched in along with my kitchen cupboards, light fittings and door handles ripped out.

The tenants also fraudulently purchased goods in my wife's name which has resulted in giving us a bad credit rating.

If you could share some light on the subject that would be greatly appreciated.

I think you need a solicitor. I don’t quite understand why the council have offered £500 re-imbursement – surely it should be all or nothing? What references did the agent get? I find it difficult to believe that the tenant left the council tenancy in an immaculate fashion. Get an explanation from the agent – why did he take this tenant? Did he visit him in his last property, to see how that tenancy was conducted? Did he get a guarantor? I think this is a very sad and disappointing case, but you may have to make the claim on the insurance and put it down as a bad experience.

Sadly the relationship has not lasted and my daughter wishes to leave. If her ex-boyfriend agrees to continue with the tenancy (highly unlikely!) can both myself and my husband remove our names as guarantors - obviously, under the circumstances, we do not wish to act as guarantor for him.

Once our daughter has left, then one guarantor will automatically be removed - I presume. Please advise.

Without seeing what you actually signed, it is difficult to be clear. If your daughter advises the landlord that she wishes to be released from the tenancy, this automatically ends the tenancy for the other party and the landlord then would have to evict if the then illegal occupier does not vacate. If he provided his own guarantor, the landlord may be happy to release you from the agreement, but if you were the only guarantors, then the landlord is likely to be unhappy to release you until he knows that all costs have been met.

Can I still be considered a live-in landlord if I don't sleep there at all? And can I therefore treat the house as my main residence under the Rent-a-Room scheme?

The Rent-a-Room scheme provides a tax concession to those who let furnished accommodation to a lodger in their only or family home - your only or family home being ‘the one where you/your family live for most of the time’. In those circumstances it allows you to receive to to £4,250 a year tax-free.

If you find yourself living full time with your boyfriend, you cannot really be said to be a live-in landlord and the scheme would not apply. In addition, there is the issue that your tenants could claim that they are no longer lodgers but tenants and therefore have far greater rights. The Rent-a-Room scheme is explained on the Government website.

I would say that he lied and you could therefore say that you granted the lodging on the basis of a false statement. First – check with council tax – is any discount allowed for him? I think it is unlikely, but check it – it makes your case stronger to the student. As it is only a lodging agreement and not a tenancy, the guy has only minimal rights to stay, so discuss with him – if he does not want to make any contribution to the costs, then you will serve him 1 weeks notice. I am afraid as a housing professional, who worked very hard for qualifications to be considered a professional, I feel quite aggrieved that he could class himself as a professional when he has not yet graduated!

My landlord was contacted and said 'leave it with me I'll call you back in a couple of hours'. That was a week ago. The mobile phone number they gave me never picks up now.

I have appealed to both the county court bailiffs and the solicitors acting on the lender’s behalf and neither are willing to give any leeway whatsoever regarding extending the time given to quit the property. I don't know what to do.

The council homeless section couldn't give me an appointment for two weeks.

If we could find somewhere it would be a blessing in disguise, as the landlord has never had gas appliances inspected, we've had no cold running water in the kitchen for two years and several lights aren't working/sockets are unsafe. However, I do think my daughter and I are being evicted when we have done absolutely nothing wrong and therefore the landlord is in breach of tenancy in the respect that he has failed to maintain the property when requested, has failed to follow correct eviction procedure, and has also seriously breached our ability to enjoy the property peacefully!

What can I do? I'm busy looking at properties when I can... and calling the council daily to see if they have had any cancellations, but if nothing comes through for us we'll be out on the street with nothing. Is there really nothing we can do about it, and can I take legal action against my landlord to claim back the monies for lost possessions/financial hardship and/or stress caused by his non-payment of the mortgage and resulting eviction?

Yes, you could take action against the landlord, but given that the property is being repossessed for non-payment of mortgage, how likely is it that you would be able to recover anything? The property’s state is such that Environmental Services should have been notified and action taken – though of course, you may have been homeless sooner; but then you would have been in control of your situation, whereas now, the court is. You need to look up storage facilities in Yellow Pages – the cost does not usually seem prohibitive and is preferable to losing everything. This is a very unpleasant situation and one that there seems no way out of. I discussed a similar case with our local court just after Christmas and whilst acknowledging the landlord had not followed the correct procedure, could offer no assistance in avoiding the situation.

I think that unless you are very lucky, you have a few unpleasant weeks ahead of you, in either temporary accommodation provided by the council or with family or friends. I am so sorry and hope you get somewhere.

Anti social neighbours

I own a flat in a converted house and am now having problems renting it out due to antisocial neighbours in one of the flats. I would like to find out what my options are - can the residents be forced to move or can the leaseholder be forced to improve the state of repair of the property?

All three flats are leasehold, and the freehold is held jointly. One of the flats is occupied by an antisocial family, with one of the parents and the child registered disabled. The flat is in a bad state of repair inside and out (due to landlords not doing any work to it in approximately 30 years, and the residents themselves damaging it during arguments). The family have been in arrears with rent in the past, and do not fulfil their tenancy agreement to keep the property in order. The family refuse to leave the flat to allow works to take place, and also refuse to move to any property the Council find for them.

My tenants say they cannot sleep at night due to the screaming arguments held daily by the family and will move out soon. The police have stopped responding to their calls reporting antisocial behaviour.

What do you think my options are in this case?

Environmental Services should be able to take action on the noise issue so contact them. Does your local authority have an accreditation scheme, or an anti-social behaviour team? They should also be able to take actions against them. The difficulty often though is that even though there are teams that can help, it is getting the victim tenants prepared to follow the complaints through. I am surprised the police are not being more proactive in this and are no longer responding to complaints – this is a high-profile subject with Government. It may be worth enquiring whether there is a crime and disorder partnership. Environmental Services will be able to get the bad landlord’s address and hopefully, will be able to take some action against him.

One hour notice

I am a resident landlord. I have three tenants, the only communal areas being the bathroom/toilet and kitchen.

The wife of one of the tenants wife moved in last November but as a gesture of goodwill I did not charge them as a couple for that month as he said he was kind of broke. After four weeks I started having a few problems with the wife who became abusive towards me. In mid December I this couple four week’s notice to leave.

However, they found an alternative room almost immediately and less than a week later they gave me a one hour’s notice that they would be leaving and that they wanted the deposit back.

I decided to give the tenant £100 (one hundred pounds) from the £240 that he had given me as that was the only money I had on me. He said he wanted it all.

I said that I had the decency to give you four week’s notice and you have given me one hour. I told him that if I found a tenant by 31 December I would return the rest of the deposit. (His rent fell due on the 1 of every month, so I was covered by rent up until the 31 December). He did not like this but he left.

He has now been sending me text messages threatening to take me to court, saying he has the right to receive his deposit.

I do not know if I am doing the right thing. I gave him four weeks, he gave me one hour. I returned £100 but what about the rest? What happens if my room remains empty? What can he do to me?

I think under most circumstances, when a lodger (they are not tenants if you live in the same property) or a tenant has been given notice, they would not be held to notice periods on their side, if they have found alternative accommodation. Also, as the rent was paid until 31 December, this would count as some notice – I think from what you say, probably one or two weeks.

Now the deposit. You returned £100 ‘as that was the only money I had on me’. You can’t return a deposit on that basis! You are entitled to reasonable time to repay the deposit but, unless you have good reason not to do so, should return the full amount.

You gave him notice, so risked the room being empty anyway. He could take you to the small claims court and unless you have a very good reason for not returning the whole of the deposit, like damage, he will win. You appear to have acted reasonably for the most part with this couple but perhaps not thought it through sufficiently. For future reference, if this happens again, immediately put in writing to the tenant what the increased charge will be for two people sharing – a figure not based on double the rent but a reasonable increase to reflect increased electricity etc. As your tenant was ‘broke’ and perhaps unlikely to have been able to pay, you could legitimately therefore deduct that charge from the deposit. However, you would have had to have asked for this at the time, you cannot impose a charge retrospectively.

Parking dispute

I own a modern house (which I rent out) where the parking bays are located separately to the houses. I have the freehold title for the house and the parking bay, marked with the number of the house. The house and parking bay are clearly shown on the land registry map as my freehold property. In addition to this freehold title covering the land and parking space, I am a shareholder of a company which owns communal gardens, bin areas and three visitor bays in the vicinity.

Without my knowledge or consent the company set up an agreement with a parking enforcement company to control parking not only on the three visitor bays which they own/manage, but also on the individual owner bays. I parked in my bay and was clamped. The company has no control over my house or parking bay. It does have authority over the green areas and visitors bays, but I have never asked them or anyone to manage my house or parking bay.

The parking clamping company refuses to acknowledge my complaint, saying that I was not displaying a permit and they operate in the area. They refer me to the residents’ company. The residents company refuses to even respond to me even though they have set up an agreement with this parking company covering my land, not theirs, without my consent. Both sides refuse to listen to the fact that I have never invited a parking enforcement company to operate on my land, I have never asked the residents company to control/manage my land, and I don’t need to display a permit on my lawfully owned property.

After weeks of letters and no responses, I need to progress this. Who should I sue - the parking enforcement company or the residents company?
Or both?

I am maddened by the discourtesy of companies, organisations and individuals who refuse to acknowledge your complaint. I think you need legal advice and if I were suing, I would go for the organ-grinder, not the monkey, who in this case must surely be the residents’ company. Good luck!

By the way, do other residents display a permit when in their designated bay? Be careful that you cannot be made to look as though you are being awkward and refusing to do what others do, on a point of principle – the clampers may be firmly instructed that only a permit indicates that someone is legally parked, rather than say an opportunistic parker who sees a gap (because you are out) and parks there illegally.

Council tax

I bought an apartment in 2006 on a 'buy to let' mortgage and started renting it through an agency. The tenants are now leaving, which is OK as I can get new tenants. But I have just received a council tax bill from the local council saying that I owe money for an 'empty property charge' between May 2007 and March 2008. What does this mean? I presume they think the apartment is empty and that the council tax hasn't been paid?

What are my rights as a landlord?

The agents should have ensured that the tenants did what they were supposed to and registered for council tax. However, provide as much proof as you can that you had tenants (copy agreements, rent accounts etc.) and they should try and pursue them for the debt, not you.

Care costs for tenant parents

A few years ago, my parents needed to raise some capital and were considering selling the family home, downsizing and moving into rented accommodation. Fortunately, I was in a position to help and, after several family discussions, I agreed to buy the house from them and allow them to live in the property rent free for the remainder of their lives.

They are the only members of our family still living in the house and I own and live in my own home at the other end of the country.

I was recently told that because my parents were living in the house rent free, if later in life they had to go into care, I could be forced to sell the property to pay for their care. Is this the case?

If so, what is the legislation that covers this and is there any way around it?

This is really a Social Security question. However, I have made some enquiries. I cannot see what legislation there is, and certainly my contact was unaware that this would be the case, but each case would be considered on its merits. Provided you paid something like the correct market value, transferred ownership etc., then there should not be an issue about you having to sell the property as it is not theirs. However, bear in mind, that if the circumstances you outline come to pass, your parents financial circumstances would be investigated – when you bought, what they have done with the money, whether they should be able to fund themselves etc. Certainly in cases I know of, the bank accounts for a number of years have been examined to ensure that large sums have not been transferred in a manner which could indicate that they were trying to escape responsibility for their own care costs.

Pest control


The property that I let suffered from mice two years ago; a problem that I resolved, with no recurrence. My question to you is: do I have to tell a prospective new tenant about this?

My answer where pests is concerned is that this is a natural occurrence. Anyone can get the odd mouse in, and if you are really unlucky, you get a female who breeds. I do not think you need to advise, any more than you do that you had a burst two years ago. However, you can buy plug-in devices that are supposed to protect using ultra-sound and deterring mice, rats, even cockroaches. If you decided to buy a couple (£20-ish each) you are showing what a sensible landlord you are, who realises no-one is immune to the odd nuisance and are guarding against it.

I have today been approached by someone saying that this dog pinned their son against a wall, growling as if to attack. Last night the dog chased the boy so that he fell and suffered cuts to his hands and legs.

There is a public lane at the back of the flat which is used to park cars. The shop next door has a back entrance in which it places rubbish. And the young boy who suffered the fall works in this shop and on both occasions was putting rubbish in the bins when the dog incidents occurred.

I have told the parent that I have no responsibilities for this occurring and that the responsibilities would lie with the tenant. I have said that I will speak to the tenant but that is all I can do. She has informed me that she will go to the police and that she believes that I should do more.

Can you tell me where I stand in this situation? Also, if my tenant's dog was to bite someone, would I also be liable?

I think if this animal bites someone, there can be no responsibility on your part. However, I also feel you have a responsibility as a landlord to protect your neighbours from nuisance, which this dog is. Check your tenancy agreement. How long until it ends? Serve a s.21 to end at the end of the tenancy. If it is still several months to the end of the tenancy, then you need to start compiling a body of evidence to take to Court for eviction on a ground 14 - causing a nuisance to neighbours. The first steps must be a warning letter, saying this is intolerable and you will be forced to take action. Get statements from the neighbours who are complaining. Speak to the Police – should this dog not be muzzled when it is out? So what I am advising is – get rid of this tenant. It will not be as fast as the victims parents would like, but you need to do something to prove you are being responsible.

I would always advise that you join a landlord association – many areas have a local organisation and I think Residential Landlords Association of the National Landlords Association could put you in touch. The advantages are sometimes in the benefits they provide, but also in the comfort of having someone there that will have experienced the same things you are. It is also worth speaking to your local authority – does it have a Landlord Accreditation scheme? This can also offer incentives. You can be a member of both organisations. No, it not a legal requirement, but a recent discussion document Encouraging Responsible Lettings said that only 2 per cent of landlords belonged to any kind of organisation, which they felt was unacceptable and could explain why there are poor standards in the private sector and seemed to be indicating that this could be a way forward, but certainly nothing at present says it is a legislative requirement.

Is the landlord allowed to have tenants in a place with no heat if he doesn't charge them rent, but they pay the council tax? Are our neighbours allowed to have perpetual ‘visitors’ while paying single-occupancy tax? Do we have any recourse, or do we just have to put up with the noise and crumbling walls, or move?

Seem several issues here.

* You do not have to put up with noise – have you discussed it with your neighbour? If you have and this has had no success, discuss with the landlord – he should be taking action to get the tenants to quieten the noise down. You could tell him, pleasantly, that you have been advised that you can contact your local Environmental Services – they will usually monitor noise and can take action where it appears excessive. He may prefer to do something himself, particularly as this could bring unwelcome attention.

* Environmental Services could also investigate your living conditions – the broken paving and damp could be detrimental to your health and safety and they could perhaps order the landlord to get the work done. However, this could be detrimental to your relationship with the landlord. It may be better in the first place to put your concerns about your property in writing to the landlord and ask him when the work will be carried out. Whoever fitted the windows has not finished them off and should be called back. It may be worth asking someone to investigate the damp, likewise the paving, get quotes for the work and ask the landlord would he like you to have the work done and deduct the cost from the rent. See what response you get.

* Is the landlord aware of the visitors? If they are really visitors, family or friends visiting for a few days, there is no problem. However, if the tenant is sub-letting to other migrants, that is another question. The property would then be classed as a house in multiple occupation and the landlord would then have to meet requirements set by Environmental Services and would be responsible for the council tax.

* Environmental Services would say that a tenancy must have a fixed point of heating. I think the landlord is aware of this, which is why he is asking no rent. A court may take the view that the tenant is paying rent, by virtue of the work he does for the landlord. However, I don’t think this is something you can take up, if the resident of the property doesn’t do so himself. If Environmental Services get involved, they may well check up on the Polish gentleman’s status.

I hope this helps. Good luck.

Can this be right? Obviously, as in the past, this key would be for emergency purposes only. In reality, any access to the property for maintenance and inspection in the past has been while he has been present by previous arrangement.

I am afraid it is. I would always recommend to both landlord and tenant that the landlord should keep a spare key, for emergencies only, but you cannot force the tenant to provide you with a key. I wonder why, after all this time, the tenant has changed the locks and is refusing a key, when you have never improperly used the key you had? Try to keep the lines of communication open, as it may be something that is nothing to do with you has frightened him or given him cause to be suspicious. If you don’t insist and perhaps offer to hold a key for him, or have another key cut for emergency use, he may come round to offering it to you. If you are really unhappy about the situation, you can evict him on a section 21 notice, but if he is a good tenant otherwise, it may not be worth it.

I then gave three required months notice and am due to move out soon. The utility bills and council tax were all due and I have paid my half except for the phone bill of £560 which for some reason is in the landlords name. Some 80 per cent of this bill was for her calls.

I am using the money I would have owed the gas towards her portion of the council tax as they will pursue me forthe full amount so I am not trying to get out of paying my share overall. I have tried to get her to pay her share but to no avail.

The landlord is now threatening me with court action for the outstanding phone bill but I think they should be
pursuing my friend as I am willing to prove that I am paying my half overall but allocating the phone money towards the more pressing council tax. As the phone bill is in the landlord’s name what is the chance they will be successful in the court action?

The landlord has tried to phone my friend but had no response so seems to be putting all the responsibility on me. I understand it is unfair on the landlord but I think if they are to pursue anyone it should be the other tenant.

This is so difficult, because I have great sympathy with both you and the landlord. I think as you sound to have been joint tenants, you were jointly and severally liable for all the bills. You know where she is, so you could give the landlord her address and let him try and recover the money from her, but what are the chances of getting it? Not very likely, I would think. And in that case, he will come to you. Have you any leverage with your ‘friend’s’ family? Are they aware she is leaving debt which you will be pursued for? In a court, I would imagine the landlord would have to explain why the bill was still in his name so may dismiss it, but I cannot be sure that this will happen.

I really don’t know enough about these agencies to offer anything other than a personal opinion. I think you need to read the agreement very carefully; check what steps they are prepared to take; how long have they been running; what kind of success rate they have. I always recommend the small claims court, but as you say, even when judgement is yours, they do not collect the debt. The tenants would get a County Court Judgement against their names, but you may find a debt recovery agency can also take steps to ensure the tenant gets a very poor credit rating. I think it is worth investigating along the lines I have suggested. If you decide to use them and are satisfied with the service, let your local landlord association know – they will be interested in your experience.

Also, can I offer a discount for prompt payment – say 10 per cent if cleared funds are received into a nominated bank account on or before a certain date each month?
Could this in anyway get caught up in the tenant deposit protection rules? I don’t see why it should.
Following on from this, is there any reason why I can’t give tenants a choice of a ‘fixed discount’ rent (with penalties for late payment) or ‘tracker rents’.

This is the first time I have come across anyone suggesting a tracker rent. I think you need to discuss this with a solicitor with very good housing law experience. I do not think this would be considered fair to tenants who would be signing agreements not knowing what the rent would be over the period of their tenancy. By all means, use the tracker rate to fix the rent increase after a period of tenancy, but fluctuating throughout the tenancy would cause complications for the tenant, and quite probably for you. I think the discount would also create a problem with the tenancy – if the tenant does not pay, what is the sum by which he or she is in arrears? I know that you will say it is for the full sum and I would agree with you, but a court may think otherwise. If your tenant loses his or her job and has to claim housing benefit, he or she will never get the discount because of the way housing benefit is paid. I would seek other advice, as I said earlier, but strongly believe that landlords need to make things as straightforward as they can, for their benefit and their tenants.

Summerhouse clues

Can my landlord charge me rent for living in his summerhouse? Is this legal? Also he sometimes lives in there himself and rents out the other three rooms in his house.

I think you have to look at it the other way – why would he let someone live there without recompense? It is very difficult to advise without knowing the full circumstances and exactly what facilities the summerhouse offers. However, as he lives there himself sometimes, I can only assume that it is suitable for accommodation. Only if it was not suitable could it be said to be illegal, though of course, there may be something in his deeds which prohibits it being used for more than one accommodation. Environmental Services would advise with regard to the standard of facilities needed. The main difficulty may be in claiming housing benefit if you do not have a proper tenancy, but again, cannot advise on that without more detail.

Flooded Property?

I have a terraced property let out to a young lady claiming DSS benefits, all legal and above board. Unfortunately, earlier today, due to the excessive rains and a river bursting its banks nearby, the property has been flooded and the family (and everyone on the same street) has had to be evacuated for their own safety.

I am not particularly worried about rent or non-receipt of rent at this stage as I feel sure the council will continue to pay. However my question is: what is my liability to the tenant? For example, would I have to pay for temporary accommodation whilst the property is dried out and cleaned up? Would the situation be any different whether or not the tenant was working and paying the full rent?

Incidentally, I have a very good relationship with the tenant - I just need to know where I stand.

Easy bit first – your tenant working and paying rent himself would make no difference to the circumstances – a housing benefit claim is the tenant’s right.

The flooding has been quite horrific and many people are in the same situation as your tenant. I would have expected that your buildings insurance would have covered your tenants as this should cover the cost of alternative accommodation. The flooding is not your fault, but then, neither is it your tenants. If you were living in the property, you would expect your insurance company to cover it, and the same applies to your tenants. The only other element to consider would be whether your tenants could claim themselves as homeless, in the hope of obtaining a council or housing association property, though it sounds as though your area has been badly hit and there are probably many other families in the same situation so they may not be able to offer any help.

My concern is that, since we are already going to be out of pocket every month, we do not have to pay out any more than necessary in letting agent fees and the like. Since we plan to keep the tenants that are already in the flat, and plan to manage it ourselves my questions are:
1) Are we obliged to pay the agent anything (a finder's fee, for example)?
2) Will the current agreement automatically terminate when the property is sold or do we have to fulfil the agreement already in place?
3) Do we have to sign another agreement with this agent?

P.S. The agent selling the property is also the agent that deals with the letting (if that makes any difference).

I cannot see that you are duty bound to continue the letting agreement that was entered into by the previous owner. However, as there is a tenant in your new property, it may be courteous to pay some kind of finder’s fee. I think I would speak to the vendor, and ask him to get this sorted out before the property is signed over; a new tenancy agreement would be needed with your name on it, as you are the only person who can evict the tenant, should it become necessary. Explain to the vendor that you wish to manage the property yourself and get him to clarify it with the agent.

Parents Renting

I recently purchased my parents’ house where we all live. Both my parents are receiving pension credit and my mother is receiving DLA.

Paying the mortgage has become a bit of a drain on me. There are at least three rooms I could sub-let if my parent were not there. Meanwhile having them live in the house means the heating has to be on continuously.

For these reasons I would like to charge them a weekly rent. A friend recently mentioned that they could get Housing Benefit to help them pay the rent. Given that I am their son, how would this be viewed in the legal sense? Could I charge them rent at the market rate with a proper tenancy agreement in place? I am worried that benefits department could misread the situation.

I think your all living together would make it very difficult. At its most straightforward, you would be a resident landlord. Therefore the best your parents would be would be lodgers without any rights in the property. You would not, therefore, get what you would consider to be market rent.

If you decided to move out, leaving your parents in the property, you could then issue them with a formal tenancy agreement, but I think the benefits department, or Housing Benefits in particular, would look at these circumstances as not constituting a commercial tenancy and possibly having been created to take advantage of the benefit system; they would be unlikely to pay anything. The part about not a commercial tenancy would also apply if you remained in the property and asked them to claim housing benefit as lodgers.

I can understand your frustrations, and it seems this was a situation which you had not considered when you purchased the property. I would be inclined to discuss the situation with them, in that they have an income, some of which must be excess. I do not think it is unreasonable to ask them to cover the cost of the heating which is over what would be considered normal. It must be cheaper for them to share your house than to live on their own. I also think that if they realised the serious money troubles you have which must be causing great stress to word your question as you have, they would insist on helping as much as they are able.

Number of tenants & facilities

A neighbour's house has recently been sold and we understand that it will soon be used as student accommodation. We were not greatly surprised at this as we live in a university town. However we understand that the now slightly extended house (a small three bed semi was previously extended on the first floor into five very small bedrooms with one kitchen and bathroom). So there will be a minimum of seven students – and possibly eleven in total. Is there any legal requirement regarding space and kitchen/bathrooms per student? We believe that it will be rented to foreign students who may well end up being housed in, to my mind, extremely cramped and unsuitable conditions.

You are quite right – five should be the maximum if there is only one bathroom and toilet. I would contact Environmental Services, who can tell you what the space standard is. They should have been contacted anyway if this is the first time it has been let to anything other than a family. The other place you can contact is the University’s Student Services – they may be able to reassure you that the property will not be overcrowded if it is left to them.

There are five people living at the address and we only have one fridge/freezer for all of us. This does not have enough room. Should the landlord provide another one?

Should there be locks on the bedroom doors? Should there be fire doors? Especially the one located next to the kitchen? And finally if the correct standards are not being met, does this mean my contract is void or invalid?

You need to discuss this with Environmental Services; the landlord should have done this anyway as the rules have changed to include student accommodation and this did increase the standards. They will be able to address all issues regarding the size and location of bedrooms and fire doors and the like. I would expect that if the five occupants are not members of the same family, some form of lock should be on the doors.

I don’t think it is unreasonable to ask the landlord to provide a further fridge-freezer – if he wishes to let to five, with the increased rental income this will bring, a further fridge-freezer is the least he should do, as it will be there for the next tenants.

Does it void the agreement? I don’t think it would, necessarily, though you could try this tack if you wish, but the landlord may not agree. I think I would see what Environmental Health say, which may add some weight to your argument. Remember, you viewed the property and accepted it – you had an opportunity to express concerns and walk away, then.

She has had 10 days to collect her mail or arrange for it to be redirected and has not done so. I have now opened the mail and found she has water rates and council tax arrears as well debt recovery schemes threatening court action. I opened the mail in order to get in touch with the agencies to inform them the tenant has left the property. I have also informed the tenant via a third party that I have read the mail and will forward it to her.

However she is claiming that I have committed a criminal offence by interfering with her mail and claims to have reported me to the police.

Do we need to take any steps with regard to her moving from the property to prevent claims of eviction? Where do we stand with the question of the debts and the mail, and what steps should be taken (if any)?

The first thing I would do would be to take photos of the dirt and damage. She should be charged for this and I would expect to deduct it from her deposit. If she did not pay one, then Small Claims Court is the answer, if you have her address. I would expect that if she is a family member, someone knows where she lives.

I am afraid she is right about the mail – my answer is always to write ‘vacated this address…..(date) and forwarding address unknown’ and ‘Return to Sender’, without opening.

Obviously, anything addressed to ‘the occupier’ would be you, if no tenant is in the property. If she has been to the Police about the mail, I would have expected to hear something by now. If you do hear from them, ignorance is no defence in the law, but if you explain the situation, that she left without leaving a forwarding address and at very short notice and you were trying to trace her, they may not pursue it – in fact although it is the law that mail should not be interfered with, I have never heard of a case of action being taken. Obviously, you would also be emphatic that you would never do this again.

Discuss the situation with the council tax and water people – they may have their own debt recovery people and provided you let them have sight of the tenancy agreement, they should not pursue you for the debt.

I am afraid this shows yet again that mixing business with family really does not work. Good luck!

Key question

I have recently rented a two bedroom apartment for which the landlord has only issued me a single key. I have requested additional sets. These are so that I can leave a spare set with my brother, who lives nearby, in case I lose or forget my keys; so that I can give a set to a cleaner should I choose to hire one,; and so that I can give a set to my girlfriend for when she visits from out of town.

The landlord has declined saying this is against the rules and will only issue additional keys to people who have signed the tenancy agreement.

This does not reasonable. If the landlord is worry about my subletting without approval, I can provide proof that both my brother and girlfriend are resident at other addresses.

Can you provide any insight into this situation?

I think the landlord is just trying to save himself some money here. It is a two-bedroomed apartment and aside from the sub-letting issue, you are entitled to have an occasional guest. I would think two keys are reasonable. Having said that, I don’t think the landlord can be held responsible for providing multiple sets of keys. I would expect two sets from the landlord and to provide any others myself.

I would make no secret of the fact I was having extra keys cut, but say you would be interested in seeing which rule he is talking about. If his concern is the security of the property, you must ensure he realises that you will take full responsibility for the extra keys and other people having access.

Obviously, should one of the keys you have handed out get lost, then it would be your responsibility to ensure the security of the property by having the locks changed and providing new keys.

Although the law is different, I usual go from the standard of a local authority, who will give two keys, irrespective of how many live there, additional keys being the responsibility of the tenant.
I had a new door installed recently on my own property – we got two keys as standard issue. We needed additional, so had them cut.

Also as I am new to this and am currently taking over from the agency, do the tenancy agreements, receipts and other documents have to be official 'bought' documents or could I create them on my PC to be printed off and signed by both parties.

The difficulty is that there is no legal definition of a fully furnished property. But it is generally considered that to be fully furnished the tenant would not have to provide any additional furniture for the lounge and bedroom while there must be basic kitchen facilities – inclusion of a cooker; washing machine and fridge freezer would be considered good practice and may mean your property is let quicker. If the property has two bedrooms, a bed should be provided in the second bedroom. Generally, some kind of table and chair(s) should be provided so that there is somewhere to eat properly. If your property meets these standards you can say it is fully furnished.
Whatever is provided at the start of a tenancy must be available and in good working order throughout – so my advice would be to provide the basic minimum and no more

The tenancy agreement does not have to be “bought. You can compose your own agreement, but remember this is a legal document, so you might be better off downloading the free agreement available in Word form from the website (http://www.residentiallandlord.co.uk/tenancyintro.htm).

Telephone connection

I have just started letting a new apartment through a letting agent. There is a BT phone socket in the apartment, but BT need to connect it and there is a charge of £124.00. Who is responsible for this connection charge?

Technically this is the tenant’s responsibility. If the tenant does not wish to have a phone line or continue to use a mobile phone he or she doesn’t pay the connection charge. The only argument may be if prior to accepting the tenancy, you or the agent said the telephone would be connected.

My husband and I just bought our first home a little over a year ago; about five months ago we moved out and put it up for rent. We thought that it was going to take no time to get it rented but here we are five months later. We had a real estate agent working for us, seeing how it was our first rental property. Things started off well but three months in, we felt that she wasn't doing her job. We wouldn't hear from her for weeks at a time and there was so much more. She kept telling us that it was the asking price that was running people off. We do admit that we were asking too much at first but