Landlords of private rented properties are being warned to ensure their portfolios are safe and in good condition after the homelessness charity Shelter called on the Government to ‘deal with rogue landlords’ and ‘tackle dangerous and poorly maintained homes’.
It has been reported that tenants who rent from private sector landlords are living in poor conditions and that the condition of privately rented accommodation has deteriorated. This is at a time when more reliance than ever is placed on private sector housing due to a lack of affordability in the housing market.
According to a leading landlord and tenant specialist Louise Hebborn at North West law firm Stephensons Solicitors LLP, landlords should be making sure their properties are fit for purpose. She has prepared ten top tips for landlord to follow:
- Private landlords or their agents should invest time into their properties to ensure they meet the safety criteria and the necessary certificates are in place.
- Provide a gas safety certificate if there are gas appliances in the property. It is a legal requirement to have an annual gas safety check carried out by a Gas Safe registered engineer and to provide your tenant with the certificate within 28 days of each annual check.
- Make sure your tenants are safe by installing and maintaining a smoke detector and carbon monoxide detector.
- Landlords should also ask tenants to inspect the property at the outset of a tenancy and to sign to agree that the property is in good condition.
- With the introduction of Tenancy Deposit Protection (TDP), it is essential to have a good quality inventory as this document could be used to determine disputes relating to the deposit. Take photographs before the tenant moves in to record the condition of the property.
- Inspections during the tenancy can also be a good idea to ensure that properties are maintained and do not fall into disrepair.
- It is essential to keep records of these inspections in case of any future legal action brought by the tenant or the landlord.
- Take complaints raised by tenants over the condition of a property very seriously and instruct a professional surveyor if necessary.
- Carry our repairs as efficiently as possible. Landlords have a duty of care once they are made aware of disrepair.
- If the tenant intimates that a claim is likely, seek legal advice from a specialist landlord solicitor as soon as possible.
Louise added: “Without these safety measures in place to maintain standards, landlords could be leaving themselves open to legal action from their tenants.
“Tenants have the option to claim compensation to offset against rent if they rent a property which suffers from genuine disrepair. The compensation can outweigh the amount of rent payable if the tenant suffers an injury as a result of the disrepair.”
Disrepair may be highlighted by reference to the tenancy agreement or by legislation. The usual areas covered are the structure and exterior of the property, baths, sinks and sanitary ware and hot water and heating. To make things more difficult for private landlords, there is a whole host of safety legislation to comply with from gas safety to electrical safety regulations.
For more information on the fixed price landlord legal services available, please contact Louise Hebborn, loh@stephensons.co.uk or call 01616 966 229.
ENDS
Notes to editors
- Stephensons’ commercial property lawyers are able to provide an end to end service – from finding an opportunity to acquiring it, and planning through to construction and fitting out, and from financing the project to disposing of the property for investment purposes.
- The commercial team advises a portfolio of clients including, among others, global property developers, financiers and leisure operators.
Media information: Lianne Tracey
Stephensons Solicitors LLP
T: 01616 966 229
E: lianne.tracey@stephensons.co.uk