Common pitfalls for residential landlords
Sponsored feature | Georgia Dinallo, solicitor, HCR Hewitsons
It is no secret that landlords have extensive obligations towards their tenants. However, they are often not aware that failing to serve key documents at the right time can prevent them from evicting their tenants using the Section 21 (no fault) process.
This could mean that possession of the property cannot be obtained without a significant breach by the tenant. This could affect the ability to sell the property or to obtain vacant possession at a time to suit.
In short, there are four key documents that landlords must serve on their tenants.
Gas safety certificate
If the property has gas appliances, the landlord must provide the tenant with a copy of the latest gas safety certificate before they move in. Gas safety checks must take place before the date specified on the certificate each year. The new certificate must also be given to the tenant within 28 days of the check.
Energy performance certificate (‘EPC’)
A valid EPC must be given to tenants before they move in.
How to rent guide
This guide is a document drafted by the government and sets out the various obligations and rights each party has during the tenancy. While there is no deadline as to when the landlord must provide this document, we would recommend that this is provided as part of the tenancy agreement pack before the tenant moves in, to ensure it is not forgotten. Landlords should also ensure they serve the most updated version of this document.
Deposit protection
If a deposit is taken, it must be registered with one of the government’s approved deposit protection schemes. The scheme’s requirements must be completed within 30 days of the landlord or agent receiving the deposit.
Each scheme is different, so it is important that the scheme’s terms and conditions are considered carefully.
Landlords must also make sure they provide the tenant with the correct deposit documentation, including the prescribed information. Failure to comply with this requirement can result in a fine for the landlord.
These four requirements are especially important if you buy a property that already has a tenant in situ, or if you have a tenant who has been in occupation since before these statutory obligations came into force. In either case, it is critical to future-proof the tenancy and your legal right to obtain possession.
If you require advice letting out your property before landlords move in, contact Georgia Dinallo on 01233 447490 or email gdinallo@hcrlaw.com.
Visit hcrlaw.com.
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