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What Are a Tenant’s Responsibilities?

tenant

Moving into a new home can be exciting, but renting a property comes with responsibilities. To avoid disputes – or paying for things that don’t fall within your remit – it’s helpful to know your obligations as a tenant.

Read on for a general guide to a tenant’s responsibilities (but please note that for specific detail, refer to your rental agreement).

It’s a two-way street

The most important thing to remember about the tenant/landlord relationship is that both parties have an important role to play. The landlord has a duty to ensure that the property they’re letting is safe and habitable, and the tenant should treat the property respectfully.

Your rental agreement

As with most relationships, things work best when everyone understands what’s expected of them. And that’s why your rental agreement is so important – it’s a legal contract that spells out the responsibilities of the landlord and the tenant. It should cover everything from rent and repairs to how to end a tenancy.

Always read, and make sure you understand the terms of a rental agreement before you sign on the dotted line.

While your contract will cover most eventualities, here are some common causes of confusion regarding tenant/landlord responsibilities.

Repairs and maintenance

Generally, landlords are responsible for the property’s structure (walls, chimneys and the roof), sanitation (toilets, sinks and pipework), boiler and electrical wiring.

Landlords are also responsible for the furniture and electrical appliances that are in the property when the tenant moves in.

Any items or goods brought into the property by the tenant are the tenant’s responsibility.

Damage

If a tenant (or their guest) causes damage to the property, then the tenant is obliged to handle the repairs. So if, for example, you invite a friend around and they spill red wine on the carpet, it’s your job as the tenant to get rid of the stain. 

Reporting issues

While the landlord has to take care of structural and external features, it’s a tenant’s responsibility to report problems. It’s best to do this when you first notice an issue so that it’s resolved promptly.

Access

If you’ve reported an issue to your landlord, a tradesperson will need access to the property to do the repairs. This work should be conducted at a reasonable time, and you should be given 24 hours’ notice before they arrive. A tenant can refuse access on ‘reasonable grounds’. But to get the problem resolved as soon as possible, it’s best to be accommodating.

Gardens

Landlords are typically responsible for fences, guttering and lopping trees. The tenant is obliged to carry out tasks such as weeding, watering and disposing of waste.

Cleanliness

Cleanliness can be a thorny issue – half of all end-of-tenancy disputes are about cleaning*. Before moving out, a tenant should ensure the property is cleaned to the same standard as it was at the start of the tenancy (although allowances are made for general wear and tear).  

Talk to your landlord – or their agent

While it’s essential to adhere to the terms of your rental agreement, if you have a question, raise it with your landlord or their agent. Sometimes disputes are caused by simple misunderstandings that can be sorted by having a quick chat. 

To find out about rental properties in the local area, get in touch with us here at Chamberlains.

 

*Tenancy Deposit Scheme

 

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Busting Landlord Myths in South Devon

landlords

Many people think that being a landlord is easy. Rent out a property, move some people in, sit back and rake in the cash… if only it was that simple.

Any experienced landlord knows that owning rental property is hard, and it can be a 24/7 job in the event of any issues. Preparing a property for rent is just the first hurdle; ensuring your tenants are safe and the property is maintained are ongoing requirements.

In this quick read, we bust some common myths about landlords and their obligations.

Landlords don’t care about safety

Wrong! It’s at the top of the list. Tenants deserve to live in homes that are safe, and a landlord has legal (and moral) duties to ensure this.

Gas safety is hugely important, and landlords throughout the UK must ensure that any gas appliances within the property are safe to use.

Tenants should be provided with a Gas Safety Certificate as soon as a tenancy starts.

Fire and carbon monoxide safety is also a legal priority for all landlords, and rental properties must be fitted with smoke alarms and carbon monoxide detectors.

Landlords pocket deposits

Historically, deposits have always been a point of contention between tenants and landlords. But these days, there are strict laws regarding tenant deposits (and landlords can wind up seriously out of pocket if they flout them). Landlords must lodge all deposits with a government-approved deposit scheme. This ensures that a deposit will be returned if the terms of the tenancy are met, if no damage is caused (beyond fair wear and tear) and if all rent and bills are paid.

Landlords disappear once tenants move in

This is a big one, especially for tenants who experience problems after they have moved into a property. That’s why it’s always important to find a rental property through an experienced letting agent.

A good landlord will ensure the property is well maintained – after all, it is their source of income. Landlords should maintain any furniture or appliances that are in the property when a tenant moves in. An inventory should be carried out at the start and end of a tenancy to ensure that both parties have information about the general condition of the property and such items. The same applies to repairs if something stops working during a tenancy.

If you’re a tenant looking for a rental or a landlord looking for a new agent, please contact us on 01626 365055.

 

 

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Why Landlords Should Conduct a Property MOT

buy to let

It pays to sit down once a year and review how your buy-to-let is performing and flag up any potential issues looming on the horizon. A two-minute read.

We’re all familiar with an MOT, an annual check-up to ensure your car is safe and good to go for the year ahead. Well, let’s apply the same concept to a buy-to-let investment.

Even if your current tenancy is ticking along nicely, a property MOT can be a helpful exercise to ensure that you:

  • Are up to date with government regulations and maintenance
  • Have the right rental strategy
  • Are not spending more than you need to on your mortgage and repairs.

So, let’s go! 

Do the maths

Go through your records and calculate your return on investment and rental yield (there are online calculators to help you do this). See if you can identify any possible savings (consider everything from landlord insurance, mortgage deal, accountancy fees, etc.). Even if these gains are small, they all add up.

Repairs and maintenance

Often tenants are reluctant to raise minor concerns for fear they’ll look petty or get the blame, so don’t wait for them to call you. Be proactive and get on top of any leaks, mould or drainage problems. Ensure you’re up to date with mandatory gas and electrical safety checks.

Energy efficiency

We all know energy prices are soaring. Ensure your property is well insulated and draught-proof. Don’t wait until the winter to get this job done. And think longer term, as new energy property rules are on the horizon.

Décor review

Times change, but has your property? If your property looks tired and dated, you could be missing a trick. In some areas, the pandemic brought about a huge demographic shift that is being reflected in the rental market. Consider a cosmetic makeover or garden spruce-up so that you can target groups such as professionals, relocators or young families.

Property management

A property MOT isn’t just about money; it’s about time, too. If you self-manage, analyse the true cost of this task on your quality of life. If you’re finding the admin and legal requirements increasingly onerous, get a letting agent to take the burden off you. An agent’s expertise and market know-how may also save you money in the long run.

If you already have a letting agent, consider the quality of service you’re getting. Are your calls answered promptly? Is your agent meticulous when it comes to maintenance deadlines and routine checks? If you’re not happy, it’s time to shop around.

To learn more about the property management services we offer here at Chamberlains, get in touch.

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WFH and Landlords: What You Need to Know

landlords

In our post-pandemic world, working from home (WFH) has become the new norm for many people. But as a landlord, you need to make sure your tenants are working in a way that doesn’t impact you negatively.

Most of us think of WFH as sitting in front of a laptop or doing Zoom meetings wearing a shirt and tie with pyjama bottoms. However, there’s been a boom of small businesses cropping up, many of them based in flats and houses all over the country.

In this two-minute read, we look at some questions to consider if you’re a landlord with tenants WFH.

Could tenants WFH affect your tenancy agreement?

Broadly, the answer to this question is ‘no’. However, there’s a difference between working from home for a job and running a business from a rented property. The latter used to be frowned upon as it could be seen as a ‘business tenancy’ rather than a residential one. However, changes to the law back in 2015 gave permission for certain ‘home businesses’ that could ‘reasonably’ be run from home.

Currently, the most common tenancy type is an Assured Shorthold Tenancy (AST) which stipulates that a property should only be used as a residence. This stops tenants from using the property as a business address, so you need to let your renters know that this is the case.

Should you ask tenants if they plan to work from your property?

There’s no reason why not. It’s always best to know what’s going on in your rental accommodation. You could get your letting agent to ask prospective tenants their intentions so you can make an informed decision.

Should you always allow tenants to WFH?

Most landlords would argue that their rent won’t be paid if their tenant doesn’t work, so the simple answer to this is ‘yes’. WFH for a couple of days a week shouldn’t pose a problem for most properties.

Difficulties arise when the form of work could cause damage to your property, or impact upon other residents. For example, if your tenant is a mechanic and plans to fix cars in the front garden, this could be a point of contention for neighbours. Similarly, if they’re running an internet sales business and using your property to store goods, you’ll want to make sure they don’t damage the interior.

Red flags to watch out for:

  • Is your tenant using the property more for commercial purposes than residential?
  • Are neighbours being affected by noise, traffic or anything else caused by the tenant’s business?
  • Are customers attending the premises?

If you come across any of the above, you should seek further advice or speak to your tenants.

To find out more about the do’s and don’ts of tenants WFH, speak to our lettings team at Chamberlains!

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Top Tips for Successful Property Inspections

property inspections

Inspections are a key part of managing a tenancy so it’s imperative that landlords get them right. Here are some top tips to ensure landlords don’t miss a thing. A two-minute read.

We’ve all heard the horror stories about nightmare tenants who trash a rental property, leaving the landlord up to their neck in repair bills and legal costs. Or maintenance issues that were left and became problematic.

Thankfully, there are ways landlords can minimise these risks and one key strategy is to conduct regular inspections.

Landlords are often diligent with inspections at the start of a tenancy, but things tend to slide over time. This is a big mistake as inspections allow landlords to:

  • Spot mould, leaks, damp or blockages before they become major problems.
  • Guard against subletting and illegal activities.
  • Identify property damage – intentional, neglectful or accidental.
  • Protect themselves in the event of a dispute. (Many insurers won’t pay a claim if the landlord hasn’t been vigilant.)
  • Avoid end-of-tenancy disputes, as issues are dealt with during the tenancy instead.
  • Set the tone of the landlord/tenant relationship. If they know you’re on the ball, tenants are more likely to treat your property with respect.
  • Build trust. Tenants will be grateful to you for sorting out minor issues without prompting.

So, we all agree that inspections are critical, but how can landlords ensure they nail them? Here are seven top tips.

  • By law, a landlord can’t just turn up unannounced – you must give at least 24 hours’ notice. Be reasonable when arranging inspections; you’re trying to work with the tenant, not against them. There are legal procedures to follow for booking an inspection, entering the property for an emergency or if a tenant constantly avoids an inspection.
  • Have a systematic approach. Use a standardised form, and go from room to room, taking photos and notes. Use the check-in inventory as a guide.
  • Don’t just look inside; ensure the tenant is maintaining the garden according to the rules set out in the rental agreement. Also, check pipework (inside and out), drains and electrical sockets.
  • Test alarms and extraction fans.
  • Ask the tenant if there is anything they want to discuss.
  • Once you’ve completed your inspection, sign it and share it with the tenant (ask them to sign it, too).
  • File the inspection so that you have a paper trail in case of a future dispute.

If you don’t have the time or expertise to conduct regular inspections, contact us here at Chamberlains for more information about our tried and tested inspection processes.

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Landlords Don’t Be Fooled, Why Guaranteed Rent Isn’t Always the Answer

As a busy landlord juggling a portfolio of multiple properties, you might be thinking about ways to reduce your workload or secure a regular income. Have you been enticed by promises of guaranteed rent?

Guaranteed rental schemes or rent-to-rent (R2R, not R2D2) schemes are growing in popularity. But hold on for a minute, what do they actually mean?

In a nutshell, it’s where you rent your property to a rent guarantee specialist who promises to pay you a certain amount every month and takes on the burden of managing your property.

Sounds great, doesn’t it? But is it too good to be true?

In this two-minute read, we look at why you should be cautious of rent-to-rent schemes and how they could be less profitable in the long run.

 

Less rental income

While you might be tempted to enter one of these contracts, often, the way the business offering you the R2R option can be profitable is to offer you less than the typical market rate.

By offering you a lower rate for a fixed term, the R2R business model will only work if the person managing your property charges tenants a higher rate. Therefore, you could be earning significantly less than if you were to rent through a regular letting agent.

 

The unknown agent

Once you sign up, you’re basically losing control of your rental property for a fixed term. How many tenants will be living in your property? Who will ensure that all the correct procedures are followed? What happens if significant repairs are required? What’s the tenant turnover like?

While a lot of these details can be included in a rent-to-rent contract, as a landlord, you may be putting your reputation at risk by offering up your rental to a third party.

 

Fast cash

The attraction of the guaranteed rental model is quick profit and few overheads. Little to no experience is required before setting up this type of business. This means your rental investment may be put at risk by agreeing to work with people who have little, or no cash at stake. Can you really afford to hand over your hard-earned investment to someone with no proven track record?

 

Using a local agent

When you use a reputable local agent, they are regulated and experienced in letting out properties and often have a strong team behind them. They know what certifications are required, what makes a good tenant, and have access to tenancy deposit schemes and such like. So, you can feel confident in the knowledge that your property and tenants are looked after.

At Chamberlains, our lettings team has been working in the local community for many years.

We can achieve market rate rents and we keep our fees as competitive as possible. Call us on 01626 365055 for more information.

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Four Things You Must Do If You’re an Accidental Landlord

If you’ve become a landlord due to unexpected circumstances such as bereavement or a new relationship, here’s some helpful advice. A two-minute read.

 

It’s surprising how many people become landlords more by chance than design – or in other words, ‘accidental landlords’.

Whether through inheritance, a change in a relationship or a new job, sometimes people find themselves in the (rather fortunate) position of owning a property that they don’t want or need to live in. And instead of selling up, the owner decides to rent the property out.

While this usually works out well in the long run, accidental landlords can slip up if they underestimate what the job involves – it’s not as easy as it looks.

Here are four tips for accidental landlords.

 

  • Talk to your lender

If you have an owner-occupier mortgage on the property, you must notify your lender if you intend to rent it out (otherwise you could be penalised). Sometimes, the lender will grant ‘consent to let’, which is permission to rent the property under your existing mortgage. But this is usually a short-term solution, and you’ll probably be expected to get a buy-to-let mortgage eventually.

 

  • Get landlord insurance

A bog-standard home and contents policy won’t suffice – you’ll need specific landlord insurance. Do your research on this because the policies on offer can vary significantly. On top of buildings and liability cover, some policies allow you to opt in to cover legal costs, loss of rent, or accidental damage.

 

  • Understand the rules on deposits

There are strict laws regarding tenant deposits. When a tenant pays you a deposit, you must register it within 30 days with a government-approved scheme. (This is a third-party scheme that protects tenant deposits.)

 

  • Get to grips with red tape

There are all sorts of laws – at least 175 – that apply to UK landlords covering everything from evictions and gas safety to electrical checks. It can be overwhelming trying to get your head around these, but most successful landlords develop systems to make sure they stay on top of things. And if you really wanted to sit back and let someone else take the strain, employ the services of a professional letting agent to do it for you.

 

To learn more about our property management services, contact us here at Chamberlains.

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Energy Bills: How to Avoid Disputes and Help Your Teignbridge Tenants

This eight-point plan outlines the best way landlords can manage the issue of energy bills. A two-minute read.

This year’s colossal hike in energy costs has left millions of households reeling. And with no relief in sight, the problem is likely to stay at the top of the agenda throughout 2022.

 

Here’s an eight-point plan to help landlords deal with the issue as best they can.

 

  • Make sure your tenancy agreement clearly states who is responsible for paying energy bills (most typically, it is the tenant).

 

  • Even though your tenant will most likely pay the bills, do your bit to keep costs down by staying on top of maintenance and draught-proofing. Repair any rickety windows that might allow heat to escape and install energy-saving light bulbs.

 

  • Take a meter reading when a new tenant moves in and record it in the inventory. (That way, there can be no confusion or dispute with the previous tenant.)

 

  • Explain to your tenant (if the bill is in their name) that they are entitled to shop around for the best energy deal. Also, discuss the benefits of having a smart meter. These provide detailed energy usage information to allow tenants to understand what’s driving their fuel costs.

 

  • Some energy suppliers require a few days’ notice to end a contract. It’s the bill payer’s job to notify the fuel supplier. Your tenant may not be aware of this, so give them a gentle reminder a week or so before their tenancy ends.

 

  • When your tenant moves out, take a meter reading and pass it on to the relevant energy supplier along with the tenant’s forwarding address.

 

  • As the landlord, you’re responsible for the energy bills during void periods. Ensure that most of the lights are switched off (you might want to leave a few on for security purposes). In the warmer months, turn the boiler off, too. In winter, you might want the heating on intermittently to ensure the pipes don’t freeze and protect against dampness.

 

  • Consider investing in big-ticket energy-efficient measures such as solar panels, insulation, and triple glazing. These will bring down fuel bills and add value to your property.

 

Much of the above can be handled by an experienced letting agency – making your life a whole lot easier.

For more advice on our property management services, contact us here at Chamberlains.

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What to Do Before Renting Your Property to Family or Friends

Here are some questions you should ask yourself before you rent your property to family or friends.

Do they need to sign a tenancy agreement?

Yes, yes, and yes again! They might be family, but they’re also your tenants and both parties need to know what is expected of them. For example, they might say they want to stay for 12 months but then leave after just six. Without a tenancy agreement, there’s nothing to stop them – putting your income at risk.

Should I take a deposit?

This is a personal decision that you need to make, as there’s no legal requirement for a landlord to take a deposit. However, it is a good way to protect your property and any contents from damage.

Similarly, by having a professional inventory carried out before they move in, both parties know the exact condition of the property and how it should be left.

Should I do a tenant reference check?

Asking family for personal finance details? It might make you feel awkward just thinking about it, but it’s an essential step of the rental process.

While you may think you know your family/friends’ financial background, it’s still worth making extra checks. Referencing will ensure that your potential tenant can pay the rent and highlight any issues with previous landlords.

Are there any legal issues I should be aware of if I rent to family/friends?

Not exactly, but renting to family/friends could cause problems if you have a mortgage. In fact, a lot of lenders are quite strict about this issue, and you may need to ask their permission before you move family in.

This is because the lender could be concerned that you’d charge family members less rent, or be more lenient if they didn’t pay – both of which could impact loan repayments.

Renting to friends or family can often be a great option, but it’s one you need to consider carefully and go into with your eyes wide open.

For more advice on anything and everything related to rental property in Teignbridge, call our lettings team today.

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Why Landlords Should Respond Promptly to Tenants (And Not Mess Them About)

When a tenant gets in touch, don’t faff about – a prompt response will save you time and money in the long run. A three-minute read.

 

Picture this: you’re frantically busy at work, scrambling to meet an urgent deadline when your phone pings.

It’s your tenant raising what seems like a pretty minor issue, so you make a mental note to get back to them in a few hours when things calm down.

But time flies, and before you know it, days have passed, and you still haven’t taken action to address the issue raised.

Most landlords will be familiar with this scenario, although you could easily substitute ‘urgent work deadline’ for ‘important family commitment’ or ‘life in general’.

While time management is a challenge for us all, it’s not good practice to drag your heels when addressing tenant concerns.

Here are six reasons why you should always respond to tenants in a timely fashion.

 

  • Build trust– Ignoring your tenant sends a message that you’re not that bothered – about them or the state of your property. To build a good rapport (one that encourages your tenant to stay long term), you need to be responsive.

 

  • Nip problems in the bud– Issues like leaks and damp will only get worse (and more expensive to fix) the longer you leave them. Address problems before they escalate into serious repair jobs.

 

  • Health and safety– It can be difficult to tell if an issue is a minor quibble or a major safety risk unless you investigate. Ignoring a concern or jumping to conclusions without knowing the facts could put your property and your tenant’s safety at risk.

 

  • Avoid getting fined– Your tenant could be raising a valid issue – one that, if left unaddressed, could land you with a hefty fine from the local authority for breaching health and safety regulations.

 

  • Insurance – Failing to act on an issue that has been raised could invalidate your insurance and leave you footing the bill after a major incident, such as a burst pipe or fire.

 

  • Good karma– What goes around comes around. If you ignore a tenant’s texts and emails, what do you think they’ll do when you try to get in touch with them?

 

In today’s digital world, people expect a quick response day and night. If this 24/7 obligation is too onerous for you, get a letting agent to manage the property – they’ll be the ones on call round-the-clock instead of you.

 

Get in touch with us here at Chamberlains to learn more about our property management services.