How can a landlord deal with nightmare tenants?

eviction, landlord
Jan 22 | 2020
Some of you may have read the article in the Mirror regarding a landlord from Bridgend in Wales who was left almost in tears because a tenant had trashed his immaculate home. If you haven't had read it yet, you can here. This is a very sad, but not unusual story.  We have heard of many landlords suffering similar issues. For example, one tenant in Cardiff took off all the internal doors for firewood, and took up the wooden floor for the same reason. Another landlord in London had their immaculate home trashed because the tenants used it to grow cannabis.

How can landlords prevent tentants ruining their homes?

Most tenancy issues are preventable if a landlord takes initial steps to avoid a nightmare tenant before the tenant moves in. The first thing a landlord should do, is obtain references from previous landlords, and if possible employers. Obtain bank statements to check that the tenant has the means of paying the rent.  If a tenant asks to pay 6 months upfront, it can be tempting, but sometimes it is because they want to be 'left alone'.

You should always ask "why"?

On one occasion a landlord rented out a central London property to tenants who claimed they could afford it, despite the fact that their employment status just simply did not add up.  If your instinct tells you something is wrong, it probably is. After confirming the tenants' means to pay, make sure your agent is chosen well. Ask yourself; are they agents who will take the commission, but fail to keep you up to date on rental payments, or fail to attend and complete inspections. If you are holding a license and you may not have an agent representing you, then ensure that you attend the property for inspections, that you keep an eye on the rental income and when the tenant falls into arrears, you take immediate steps (this could be an initial telephone call, or a letter, establishing the reason for the arrears). Just please do not let the situation deteriorate. If you find there are any issues, then attend a housing Solicitor (Landlord and Tenant Lawyer) and they will explain what steps you should take to ensure you are not dealing with nightmare tenants for more than one day more than you need too. We always believe that most 'nightmare tenants' can be avoided.  It is all to do with preparing the tenancy, managing the property and then getting the right advice at the outset.  The longer you allow the problem to go on for, the bigger the issue will be.  If you require advice, then please ring our team, they will  be happy to direct you with initial FREE advice.      

ELDERLY TENANTS LIVING IN DAMP CONDITONS.

eviction, housing, landlord
Jan 17 | 2020
It is estimated that there are 250,000 pensioners living in damp or unfit rental properties. They often do not know where to go to complain, or whether they can complain at all. The fact is, that all tenants have a right to live in a safe, happy and peaceful environment.  They should not worry about 'what if I make a claim, can my Landlord evict me'.  Tenants are protected in law. The Housing Act states that a tenant must live in a property where all the essential services (gas heating water etc) are in a good working order.  That the fixtures and fittings should be in a good state of repair.  The There are Agencies where tenants, including elderly and vulnerable tenants can go for free housing advice.  Not many housing solicitors who specialise in Landlord and Tenant legal problems, offer free landlord and tenant help, but at Newbold Solicitors we provide NO WIN NO FEE on disrepair claims.

THE QUEENS SPEECH AND HOUSING

housing
Jan 17 | 2020

The main change will be in England with the banning of Section 21 notices.  Housing Solicitors and Landlords, use the Section 21 process as a means of getting possession quickly, but, many tenants feel (quite rightly) that there is a lack of security.  This is particularly concerning when children have made friends locally, or who attend a local school.  It can also cause tenants to lose their employment, if they work locally and not least have a detrimental effect on vulnerable tenants. Many Landlords will be concerned, so to balance this, the Government will be including additional grounds into the S8 procedure. The other major change will be 'life time deposits'.  This will allow deposits to move form one property to the other, so the tenant will not have to consider a deposit every time the move. Housing (landlord and Tenant law), is complex because it is ever changing.  As Catherine Hartland has always said in her training courses: 'housing law is complex because it is ever changing and it is ever changing because it is a matter of Government policy'.  For this reason, please speak to one of Newbold Solicitors housing team, who will be more than happy to advise you on any housing related issues.

How can I rent with my pet? How can I prove they are well behaved?

tenant
Jan 17 | 2020

RENTING WITH MY PET   Trying to find a rental property where you can take your well-behaved dog or other pet? Are you finding it difficult? Well you are not alone. Only 7% of rental properties are advertised as pet friendly. The Government are looking into making it unlawful for a tenant to be refused a rental property when they have a well-behaved pet. Newbold Solicitors (who are experienced housing Lawyers) feel this is an excellent idea, but Newbold Solicitors are all animal lovers. Most of us know that pets are as much a part of a family as anyone else. They help children with their confidence and give much comfort to people who are lonely. They are a great benefit for people who suffer from depression and if you are like us, you just love animals. We appreciate that not everyone feels the same; In order to protect the interest of a landlord, if the pet is causing a nuisance, then the Landlord has the right to ask the tenant to leave. So, it is good news for responsible tenants and well-behaved pets.

What is a landlord license? Do I actually need one?

housing, landlord
Jan 09 | 2020
  It would be lovely to write a blog that makes licensing so easy, but as we all know, or should know, it is not. In this blog post we try and break down the world of landlord licensing into small, manageable chunks, without the often associated jargon.  

What are the consequences of not having a landlord license?

  If you fail to have a landlord license, then the consequences for you, as a landlord are severe. You can:
  • Be fined an unlimited amount (often £30,000)
  • Be subject to a rent repayment order
  • Or a rent stop order
  • Have assets taken from you under the ‘Proceeds of Crime Act’
  • Be prevented from renting out your properties in the future
  • Be prevented from recovering possession
  • The Local Authority can take over the management of the property
  Despite these consequences, many landlord still ‘have a go’ themselves. At NewBold Solicitors we are all too often instructed late in the process by many landlords who have not taken the matter sufficiently seriously.  We have an excellent record for defending orders made against landlords, but it always helps when you contact us early.  

What landlord licenses can be breached?

If you have received notification that you are in breach of the following licenses:  

Will I have to go to a tribunal?

This is a possibility yes. This is where you will make your case to the court, and attempt to defend your landlord license, or lack of it. The tribunal will take into account:
  • Your conduct as a landlord
  • Your financial circumstances
  • Whether or not you have been convicted of a relevant offence or you have received a financial penalty
  • The tribunal also considers the conduct of the occupier
 

What happens if I’m found guilty at my landlord license tribunal?

If you are found guilty of the offence, which is on the criminal principle of ‘beyond all reasonable doubt’ and you are fined, then the order is treated as any other debt against you and is enforceable by such methods as bankruptcy or charging orders etc.  

How do I apply for a landlord license?

In order to apply for a license, you have to be considered a ‘fit and proper person’.  It costs usually about £500.00 and if you have applied, but the license has not been granted, then you can argue that the license is in hand.  However, if it has been refused, and the appeal refused, then you will not have a license. Another person can hold a license for you who is ‘fit and proper’, but if you are found in breach, and the case is taken to court, the tribunal will look at control, who is managing and controlling that property.  

What do I do if I’ve received notification from my local authority?

If you have received notification from the local authority (LA) that they believe you are renting without a license, then please pick up the phone or email our team who will deal this matter quickly and efficiently so you can continue to rent out your properties and receive your rental income. For a free 15-minute assessment and then £216.00 an hour inclusive of VAT, with the average defence of a license being between £900 - £1,500.00 (depending on the complexity of the issues).  A considerable saving of having to pay a fine or having a rent stop order made against you.     All advice given in our blogs cannot be relied upon as they depend on individual circumstances and changes in legislation,  they are meant to be a guide of the law only

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