Landlords - Advice

Good Practice Management

A tenant has the right to the peaceful enjoyment of the property in which they live.    As a landlord, you should have a clear procedure for dealing with disputes between tenants and complaints of nuisance from neighbours.  

Tenancy Agreement

The basis of renting accommodation is the Tenancy Agreement which clearly sets out the terms and conditions of the letting agreement. These may be bought ready made or can be devised by you preferably with legal advice. The agreement should include:-

• Amount of rent payable.
• Frequency of payments.  

Efforts should be made to ensure that the terms of the tenancy are explained to potential tenants who do not understand or speak English properly as it is not their first language.  

Inventory

This should be drawn up at the beginning of the tenancy and cover the property, all the furniture, fixtures and fittings. It should clearly state the condition of each item listed. A copy should be kept by the tenant and the landlord.  

Inspection for repairs

As a landlord you are entitled to inspect the rental property after

• giving 24 hours written notice; and
• at any reasonable times of day

It is advisable that you have some procedure in place which covers dealing with general disrepair and emergency repairs. This should be brought to the attention of the tenant. In all cases repairs should be carried out as speedily as possible with minimal disruption to the tenant.

Repairs

It is in the landlord's interest to maintain his/her property in a good state of repair. Dealing with minor faults promptly prevents them from developing into more substantial disrepair which can only be dealt with at a greater cost at a later date.

The written agreement should set out who is responsible for repairs to the property. On tenancies of less than seven years (entered into after 24 October 1961) the landlord is responsible for keeping in good repair the following:

• The structure and exterior of the dwelling
• Sinks bath and other sanitary installations
• Installations for the supply of water and heating
• Items included in the property at the time of the letting agreement
• Gas and electrical appliances (see part 1)

  The tenant is responsible for:

• Internal decorations
• Any goods that the tenant has provided for themselves e.g. cookers, fridges, fires

For tenancies of flats, with a term of less than seven years (entered into after 15 January 1989) the landlord is responsible for keeping in good repair the common parts e.g. common entrance lobbies, stairwells, corridors. 

Anti Social Behaviour

Landlords should take reasonable steps to prevent anti-social behaviour of their tenants and/or visitors. A clause should be included in the tenancy agreement requiring tenants and their visitors not to cause a nuisance or annoyance to others. Where a tenant is causing a nuisance or acting in an anti-social manner landlords should enforce the relevant clause of the tenancy agreement as soon as possible to deal with the matter. There should be a clear procedure for dealing with disputes between tenants and neighbours about nuisance.

For more information or advice about this matter please contact the Council's Anti-Social Behaviour team on 020 8379 4612.

Gardens

Overgrown gardens are a major cause of concern within the Borough and the Council receives numerous complaints about this problem from residents. Although garden maintenance is not normally under the management of a landlord, a responsible landlord should ensure that the garden in his/her rented property is maintained in a good state.

Deposits

All new assured shorthold tenancies must be protected in a government authorised scheme. There are three providers and two schemes:

• Custodial  (One provider, see appendix 1)
• Insurance based scheme (Two providers, see appendix 1)

Within 14 days of accepting the deposit, you must provide your tenant with details of how the deposit is to be protected. When the tenant moves out, agreement should be reached on how much of the deposit will be returned. Any dispute can be resolved by a free service from the Scheme's provider.

Further information on Tenancy Deposit Protection Schemes and how they work can be found on the Directgov website at: www.direct.gov.uk/tenancydeposit

Rent Arrears

It is important that any rent arrears are controlled at an early stage so that the problem does not get worse. Initially, a solution should be negotiated with the tenant if possible.

Whenever a tenant falls into arrears they should be advised to contact Enfield Council's Housing Advice Team who can advise on way in which the problem may be resolved. The Housing Advice team may be able to resolve any Housing Benefit problems that the tenant may be experiencing or may make clear to the tenant what their obligations are under their tenancy agreement.

Please inform the Council if you need to take possession action against a tenant if they refuse to keep to the terms of their tenancy agreement. This is because if the tenant subsequently approaches the Council for rehousing the Council may need to warn them that their actions may make them 'intentionally homeless' under the homelessness legislation. 

Any eviction carried out for rent arrears should be carried out in accordance with the legislation (see page 10: Ending a Tenancy).

Housing Benefit - Local Housing Allowance (LHA)

Local Housing Allowance (LHA) is available for those on a low income or unemployed to cover the costs of their accommodation. A rate has been set for each property size according to the number of available bedrooms. These rates are published each month on the Council's website.

The amount of LHA is based on the number of bedrooms a household needs. It should be noted that

• Under normal circumstances LHA payments are made directly to the tenant and not the landlord
• Any difference between the LHA payment and the actual rent charged will either have to be absorbed by the landlord or paid by the tenant
• Certain vulnerable people may have their payments made directly to the landlord
• If a tenant is more than 8 weeks in arrears then payments can be made directly to the landlord
• LHA only covers rent for the dwelling and does not include any other costs i.e. fuel cost, water rates or meals.

There are some golden rules that your tenants must follow if they want to prevent any delays or loss of benefit:

• When your tenant makes a claim for housing benefit, they must provide all of the supporting evidence and information requested as soon as possible.
• Once your tenant is in receipt of housing benefit, if there is any relevant change in their circumstances (including: change in income/benefits/household members) they must inform the housing benefit department as soon as possible.
• If your tenant receives any letters from the housing benefit department requesting information, they must not ignore it. They must provide the information requested as soon as possible. If they cannot provide the information requested or do not understand the letter, they must contact the housing benefit department and let them know as soon as possible.  

For more information about Local Housing Allowance (LHA) log onto the Enfield Council website:

www.enfield.gov.uk - Local Housing Allowance

You can also contact Enfield 's Housing Benefit department by telephone on 020 8379 3798.

Ending a Tenancy

Most tenancies and licences, including tenancies and licences that have come to an end, are protected by the Protection from Eviction Act 1977. The only exceptions to this rule are tenancies and licenses that are classed as 'excluded' under the above legislation e.g.

• where the landlord lives in the same building as the tenant and shares facilities with them
• holiday lets

It is a criminal offence for a landlord or anyone acting on their behalf to evict or harass a tenant/licensee who is covered by the above legislation. If you are not sure about the correct legal procedure that you must follow to evict a tenant/licensee then it is important that you get advice from the Housing Advice Team or an independent solicitor. This is because the consequences of illegally evicting or harassing a tenant/licensee are serious.