Author Archives: Craig Smith Marla

12Jul 2012

Tenancy Issues: Nuisance Neighbours Cause Problems for Tenants

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By Craig Smith

With almost 60 million people living in the UK it is quite fair to assume that not everybody is going to get along and that each person will live their life to their own standards. (Wouldn’t it be a perfect world if this could happen?!) When two different types of people have to live in the same area, this is where problems can arise.

Complaints Concerning Rental Property

The majority of complaints made include noise issues or pets causing a nuisance. A lot of residents don’t realise that it is very difficult for a Landlord or agent to get involved in disputes between neighbours. Yes, there may be a clause in a tenancy agreement which might state that the tenant should not carry out any activities at the property which may cause a disturbance but the Landlord could find it difficult to rely on this to ask a tenant to leave without sufficient evidence.

A lot of disputes can be resolved between the two parties without the need for involving any authorities, a little common sense needs to be used if approaching a difficult neighbour. If a dispute cant be resolved there are other channels that can be explored, including contacting your local council who may be able to give further advice.

Threatening Behaviour

A recent case that has involved our office is where a neighbour has reportedly been abusive and threatening towards a tenant. In instances such as these the local police should be informed so that any abusive behaviour can be logged. Again, a Landlord or agent may still not be able to evict a tenant because of the issue although a sensible Landlord would act quickly in order to keep the property let and in a good standard.

The recent case mentioned above has been ongoing and not just an isolated incident. The Landlords have been doing as much as they possibly can in order to keep a good tenant in place and to resolve the issue but when the Landlord of the problem property is hard to contact, or if they were reluctant to assist with the matter, the tenant could find themselves feeling isolated in the property. The tenant may still be in a fixed term tenancy agreement which would add yet another problem to the dilemma.

The Solution?

Of course, a sympathetic Landlord could let the tenant leave early but this then leaves the Landlord with an empty property which could then be difficult to let knowing the problems with the neighbour! The ideal solution would be for the nuisance neighbour to leave but as this is not something that us or our Landlord can control, we are left with a very awkward situation!

22Jun 2012

Property Letting Advice: Pets Still Causing Issues for Prospective Tenants & Their Landlords

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By Craig Smith

If you are a pet owner looking to move into a rental property you will perhaps already know that finding a Landlord who is willing to accept isn’t as easy as it sounds! Many Landlords prefer not to accept cats and dogs due to the damage caused by them and irresponsible owners.

Of course, Landlords know that the majority of pet owners are responsible and wouldn’t have a pet in the first place if they weren’t going to care for it. The issue here is that it only takes one irresponsible owner or uncaring tenant to cause a huge amount of grief for a Landlord.

Tenant Referencing Prior to Tenancy

Most letting agencies, including us, have a process of referencing a tenant prior to them being agreed for a tenancy. The vetting process (no pun intended!) usually includes credit & employer checks along with a reference from their current Landlord. The credit checks won’t tell a Landlord if they care for their current property but their previous Landlord reference might just do that.

Credit referencing agencies usually ask the referee to complete a questionnaire based on how the tenant has behave or how they have performed their obligations. It is always difficult to give a bad reference as by doing this, a Landlord could find themselves with a tenant who is unable to move as no-one else will accept them! However, if someone refuses to give a reference they usually have a good reason why and this should start to ring alarm bells for the prospective Landlord.

Additional Deposits for Pets

As a general rule through Castle Estates we usually ask for an extra £100 in the deposit per pet, subject to the Landlords approval. (You will probably find that most agencies around the country have a similar system with the additional cost varying.) We find this works quite well as this re-iterates the point to the tenant that the property must be looked after because there is more money in the pot to be lost if they don’t and the Landlord can sleep soundly knowing that there is more deposit money available should it be needed.

Undeclared Pets Cause Upset for Landlords

Some tenants feel that they have to keep their pets a secret which is bad news all round. You will find that most tenancy agreements contain a standard clause that prevents any animals being kept at a property which means that, if the Landlord finds out about the ‘secret pet’, they could have valid reason to ask you to leave the property.

A recent case that came through our office was that of a tenant who had moved into one of our managed properties and, a few months into the tenancy agreement, began looking after a family members dog. To be fair, the tenant had suggested that the dog had no-where else to go but this shouldn’t have prevented them from asking for permission and instead they left it until one of our periodic visits when we found the dog sat looking up at us in the hallway! The Landlord in this instance was reasonable and gave the tenant plenty of notice for which to have the dog removed form the property and after a lot of aggravation (and damage to the property by said tenants) the property was eventually returned to its original state.

Pets That Leave Their Unwanted Guests Behind!

Another problem that we have heard is when a tenant with a dog has left the property and at the final handover, everything appears to be fine. It was only later on, once their deposit had been returned, and a viewing was taking place that little black blobs started to appear on the viewers’ legs. Fleas!

I looked into this and found that fleas can lay eggs and will only hatch when they are vibrated. Whilst they are laid on the back of a cat or dog this is usually only a problem for the animal but once they find their way into the carpets you probably won’t even know they are there! With this particular property being completely empty until the viewing took place, the eggs had lay dormant until the carpets were walked over again.

It is always a recommendation that any carpets or fabrics are thoroughly cleaned at the end of the tenancy and, if done professionally, keep the receipt as proof!

17May 2012

May Update: Current Lettings News

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By Craig Smith

At last, a chance to update you all on the latest goings on in the letting world! This month seems to be going so quickly there is a lot to write about, so lets get on with it!

Increasing Number of Viewers Making Offers

With the slow down in the property market over the last few years a number of people are still struggling to sell their homes. This leads some to consider letting their property instead in order for them to move on with their lives but take care of the ‘unable to sell’ situation at the same time. Whether this is the case or whether an investment Landlord has a property coming empty, everyone is keen to get their property let sooner rather than later!

If you are in the market to purchase a property it is common practice to make an offer on the asking price to get a better deal. Today the situation is much the same in the rental market with many prospective tenants making offers on the asking price. Couple this with the huge supply of rental stock that is available at the moment and many Landlords find themselves without any rent increases.

Too Much Choice for Prospective Tenants!

The huge amount of choice that a prospective tenant has when looking for a property has increased the amount of viewings booked for a property. Instead of being able to find only 2 or 3 potential new homes and making a decision in a few days, tenants now have the possibility of a dozen that may be suitable. This, in turn, does lead to more people offering lower rents and trying to get more for their money (it makes sense!) but also increases the number of viewings that might be needed on a property before it is finally let!

In what seems like a distant memory of times gone by, a Landlord could expect perhaps 4 or 5 viewings on a property before it goes under offer. One property that we have been marketing has had over 20 viewings and has now been taken.

Rent Review Time

Increasing the rent is a tough decision at the moment and should be well thought about by any Landlord. We are currently advising our Landlords of properties that have been let for around 12-18 months if we consider a rent increase to be feasible. Given the choice, I’m sure 99% of Landlords would like an increase but putting the rent up too much could force the existing tenant to look around and see what else is available.

Look back at the first section of this post and if a tenant can make an offer on a property that is in the same price range they could just be tempted to move! By keeping the rent at the same rate a Landlord might lose perhaps £10 a month but this is still a lot better off than having a property sat empty for a month between tenancies!

Change of Deposit Legislation

Regular readers will remember my post from back in March regarding the change in Deposit Protection Rules. We’ve been busy organising the new Prescribed Information forms and have issued them to all of our tenants who need them. (By the way, if you are a tenant of ours who hasn’t got them back to us yet please don’t forget!)

If a Landlord hasn’t ensured that they have their paperwork up to date it could come back to bite them in the future. Any deposit taken for an Assured Shorthold Tenancy Agreement must now be registered with one of the approved deposit schemes. If the deposit has not been protected then the Landlord is unable to serve a Section 21 notice on the tenants to leave the property (and wouldn’t be able to do so until the deposit is registered) and could find themselves ordered by a court to repay up to 3 times the deposit amount to the tenant. This is regardless of any rent arrears or damages that a tenant may already have accrued!

What Next?

There are further changes on the horizon including the way in which Energy Performance Certificates need to be presented on property details. If anyone tells you that employing a managing agent for your property is a waste of money then just tell them to see how busy we are in looking after our Landlords!

28Mar 2012

Lettings News: Are Tenants Fully Aware of Their Responsibilities?

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By Craig Smith

At the beginning of February we posted about how some Landlords might not be fully aware of their responsibilities when letting a property. The Landlord doesn’t just have responsibilities at the start of the tenancy but throughout as well and, likewise, the tenant must ensure that they keep to their side of the contract too!

Tenant General Repairs

Common sense sometimes needs to be applied with regards to how far a tenants responsibility would reach. For example, a tenant would be responsible for changing a faulty light bulb or mowing a lawn regularly. Believe it or not some tenants will ask a Landlord to do some of the simplest tasks!

Another common area of dispute between a tenant and Landlord is when drains or pipes become blocked. Usually, this cost of having a drain unblocked would fall to the tenant, especially if they have lived at the property for some time. Whilst most tenants do take care of the property they live in like it was there own, occasionally items such as wipes will find their way into the sewer system. Generally, the rule is if a tenant has caused the issue then the tenant would be responsible for the cost of its rectification and this rule extends to most of the fixtures & fittings of a property.

Wear & Tear on a Rental Property

Over time some items will become worn regardless of whether the property is let or lived in by an owner. Electrical appliances such as washing machines or dishwashers will no doubt eventually break down. Of course, if the reason for the breakdown is the fault of the tenant (for example no salt being put into the dishwasher) then the tenant would be responsible as they should treat the appliance as their own, or in a ‘tenant like manner’. If the appliance has been looked after and has broken down due to age then the Landlord should be prepared to bear the cost.

Wear and tear is easily explained on appliances provided at a property but less so on the actual décor. Again, a tenant should make sure that wallpaper, carpets etc are looked after but a reasonable amount of wear & tear should be expected. The number of tenants can also determine the amount of wear expected, a family of 5 might cause heavier wear than a single person for instance.

Who Looks After the Garden?

Most tenancy agreements will state that the tenant should take care of the garden. Occasionally Landlords might include a gardener in the cost of the rental, more often so with large gardens or those with large trees & shrubs. Tenants would be expected to keep any lawns mowed, borders free of weeds and keeping the garden tidy. This will depend on the individual tenancy and, if a tenant is unsure, they should always check before entering into a tenancy.

Best Advice

As an agent, we always make tenants aware of their responsibilities before they sign any agreements with us. This helps to avoid any disputes further down the line and we would urge all Landlords to do the same! 

15Mar 2012

The Localism Act: Changes on the Horizon for Assured Shorthold Tenancies

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By Craig Smith

Oh no! Not another post about deposits! Around 12 months ago we posted the importance of dealing with deposits correctly. In December of last year we wrote about a court ruling regarding a deposit for an Assured Shorthold Tenancy that had not been protected by the Landlord. Since then a number of changes have been announced that change the way in which deposits should be dealt with and these changes come in to force on 6th April 2012.

Prescribed Information for AST’s

Under the ‘old rules’, Landlords would have 14 days in which to serve the Prescribed Information to the tenant. This is the document that gives the tenant certain information about where the deposit is held and what happens to it. With the changes that are due to come in to force in April, Landlords will now have 30 days to protect the deposit and issue the Prescribed Information.

But this doesn’t mean relaxed rules for Landlords as if the deposit has not been protected within those 30 days, the tenant can take the Landlord to court to claim this back. Neither can the Landlord wriggle out of any penalties by protecting the deposit at that time as this will now not be accepted as sufficient protection for the deposit. The fines for non protection of the deposit used to be a mandatory 3x the amount of the deposit, plus the original deposit to be paid back to the tenant. Now it can be any amount between that of the original deposit and a maximum of 3x the deposit amount.

Existing Tenancies to be Protected

The new rules also require deposits for any existing AST’s to be registered within 30 days from 6th April 2012. This is regardless of whether the tenancy began before or after the date that Tenancy Deposit Protection came into force (6th April 2007) but of course any AST’s that started, or renewed, from that date should already be registered!

The reason for this is that the new legislation states that any new tenancy should be registered and the wording in the Housing Act 1988 means that any tenancy that goes to a periodic status is classed as a new tenancy. 

Tenancies Not Under the Housing Act 1988

The legislation is still yet to reach other types of tenancy agreement, such as Company Let or Assured Tenancies. Of course, this may change in the future but we’ll cross that bridge if we come to it! Non-AST tenancy deposits may still be registered if all parties are in agreement but it is always best to check before registering. 

17Feb 2012

Lettings Blog: 1st Anniversary!

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By Craig Smith

How time flies when your blogging! Today is the first anniversary of our lettings blog and whilst we’ll hold off buying a cake or organising a party we did think that this would be a good opportunity to look back on the last 12 months and look towards the future also.

The Past…

When we decided to begin publishing our lettings blog, the aim was simple; to keep tenants and Landlords informed of the big news and upcoming events in the lettings industry. We do feel like we have achieved this although with an office as busy as ours its not always easy to post as much as we would like but we have managed to keep up to date with the bigger issues.

With 12 months of blogging behind us this will be our 21st post. We’ve covered almost everything from changes to EPC rules to deposit disputes and no doubt this has been useful to a good number of readers.

The Present…

Right now we’re keeping a watchful eye on the news, not just in the lettings industry but worldwide events too. Every main news headline at the moment seems to concern the world’s money, or should that be lack of it?! Everything that happens has a knock on effect on others, such as if a factory closes down and 50 jobs are lost, that’s 50 less people who live in the area that are unable to pay their mortgages or rents.

It’s a tough time for almost everybody at the moment and things cant just change overnight. Forecasters can predict what is going to happen next but nobody knows exactly what is around the corner.

The Future!

Our aim for the future is to keep growing and providing the up to date information and continue to be at the forefront of the lettings news. It’s not all bad news so we hope to focus on some more of the positive updates rather than the negatives. 

17Jan 2012

Landlord Advice: When Tenants Run Away From a Property

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By Craig Smith

Managing around 300 properties throws up a wide range of different tribulations from time to time but one that keeps appearing every now and then is a tenant that ‘does a runner’ from a tenancy. There are a number of causes as to why they may do this but usually this is due to financial problems on the tenants part.

Scared of the Unknown?

Perhaps one reason that a tenant may run from the responsibilities is that they don’t know how the Landlord will react to overdue or unpaid rent. From experience, a lot of Landlords are willing to work with tenants to reach an outcome that will suit all parties. For example, if the tenant is in rent arrears the Landlord may agree some sort of payment plan so that the tenant can pay the outstanding rent in smaller payments but, eventually, the Landlord still gets his rent.

Of course, not all Landlord are as reasonable as others but communication from the tenant is key. Again, most Landlords will be more willing to resolve any such matters with a tenant is they keep in regular contact and update the Landlord as to when payments may be made.

Extra Costs for Landlords

Another big problem with tenants leaving in a rush is the state in which the property is usually left. A recent case that we had of this included furniture, boxes if items and even childrens’ toys being left in a house! This is without mentioning any cleaning or redecorating that needs to be carried out due to tenant neglect.

If a deposit is held then a Landlord can take steps to use this either for rent arrears or for damages, or, depending on how much is held and how much reinstatement work is needed, perhaps towards both. Using the deposit towards the costs will help but initially, at least, the cost is usually borne by the Landlord.

Property Downtime Increases

Reading this now you might think that things aren’t too bad, get the decorators and the cleaners in and away you go again looking for another tenant. But think of this, how many tenants would be willing to take on a run down property? Fair enough the work may already be in progress but it is hard to see potential in a property that has been neglected. This could result in the property being empty for a longer period than it may usually do.

With an increase in the amount of time that the property is empty, coupled with the initial costs of any works could all add up to a rather large bill for the Landlord!

Can we Prevent the Tenant form Doing This Again?

The simplest answer to this is, unfortunately, no. A tenant will do whatever a tenant wants to do, whether it is right or not. There are ways of chasing tenants for rent arrears or dilapidations through the courts which could result in a tenant having a CCJ or some sort of judgement made against them. This could affect their credit rating and would almost certainly hinder their progress on any future tenant referencing. 

09Jan 2012

Rental Property Advice: What is the Role of a Guarantor?

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By Craig Smith

The majority of letting agents in England, including ourselves, usually insist that a tenant is referenced before proceeding with a tenancy. This usually includes a credit check and background checks on the prospective tenant in order to confirm their identity and credit history.

Who are the Referencing Company?

Different agents use different referencing companies to carry out the checks and some are more in depth than others. This doesn’t necessarily mean that, by having a tenant referenced, you are guaranteed a good tenant. Everybody’s circumstances are different and can change at almost any time, whether that is 10 years down the line or 10 days into the tenancy!

Poor Credit Equals Bad Tenant?

Similarly, it is not always the case that if someone may have poor credit that they won’t be good tenants and look after the home. With the aid of a guarantor, a tenant can proceed with an application for a tenancy with the Landlord knowing they have an additional ‘safeguard’ should the tenancy go wrong.

What Does a Guarantor do?

Provided the tenant pays the rent on time (and in full!) and looks after the property, the answer is nothing! But perhaps the best way of describing the responsibilities of a guarantor is that they have the same responsibilities as the tenant but without being able to actually live at the home. This does not just include and rent arrears but also and damages or costs should the tenant fail to cover them. For example, if a tenant is not contactable at the end of a tenancy but with damages to the property. The guarantor can also be used during the tenancy if a tenant fails to pay the rent on time.

A common misconception if the length of time that a guarantor is in place for. Most Assured Shorthold Tenancy Agreements are for 6 or 12 months or maybe more and guarantors can often believe that they would only be responsible for the initial term of the tenancy. However, unless agreed otherwise with a Landlord, the guarantor could remain in place for the full length of the tenancy, whether it lasted 6 months or 6 years!

If you are about to stand as guarantor for a tenancy you should be absolutely certain that you are in a position to do so. You should also seek advice if you are unsure of any of your responsibilities before signing any agreements! 

10Dec 2011

Tenancy Advice: Prescribed Information & Tenancy Deposit Ruling

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By Craig Smith

If you’ve looked back through some of our recent posts, you might think that all we do is bang on about is deposits, deposits and deposits. Well, maybe not but here’s some more important information that you might find useful.

A recent court ruling has changed the way in which information should be provided to tenants paying a deposit that would be protected under the Housing Act 2004. Since 6th April 2007 any deposit taken for an Assured Shorthold Tenancy must be protected by one of the 3 deposit schemes (see my earlier post on deposit protection) but now additional information needs to be provided to tenants.

Prescribed Information

It is already stated in the legislation that tenants must be provided with certain Prescribed Information for the deposit. This information includes where the deposit will be held and the Landlords & Tenants rights to the deposit at the end of the tenancy. If this information has not been given correctly, or not provided at all, Landlords could be forced to pay 3x the deposit amount, plus the deposit back to the tenants.

This is the same for deposits that have not been registered in the timeline set out by the scheme rules, currently 14 days. Landlords cannot ‘get around’ the legislation by suddenly registering a deposit later in the tenancy if the tenancy turns sour. However, new rules are looking set to be published some time in 2012 which will extend the time to register a deposit to 30 days but we’ll wait and see when this happens!

Recent Court Case

The recent case which looks set to have changed the way in which information is given to tenants is the case of Suurpere V Nice. The full details of the case can be found using that link but the very basics of the case are: a deposit that was taken in January 2009 was not registered until July 2009. So, quite clearly not within the 14 day rule! Despite the fact that the tenant had left the property in rent arrears and goods still at the property that would need to be removed at the Landlrod expense, the Landlord was ordered to pay the deposit back to the tenant in full plus 3x the deposit amount.

Now reading this right now, this might seem unfair on the Landlord and to a certain point, I have to agree. But, the rules of deposit protection are very clear and Landlords cannot use the excuse of having a bad tenant to get out of any fines imposed by a court.

Rogue Landlords

A little bit of advice now to tenants. When you are looking to rent a property how much attention do you pay to the Landlord or Agent? Sometimes stickers on an office window might just get in the way of the property your trying to look at through the glass but do you know what they mean? It’s a tough world out there at the moment so make sure that the deposit you have paid is looked after! 

25Oct 2011

Property Letting Update: Tenants Numbers Fluctuating

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By Craig Smith

We were having a conversation in the office just last week about how the number of tenant enquiries seems to have dropped rapidly. The number of telephone calls receiving asking about properties had fallen but Landlords are still as keen as ever to get their properties let, if there is no tenant there is no rent coming in to cover mortgages, insurance etc.

More Tenants on the Move

But wait, its not as bad as it sounds! By looking at the number of enquiries compared with the last 2 years there is still an increase in the number of tenants on the move. For example, on our website alone, the number of views from August 2009 to August 2011 had risen by more than 12,000. It is the same story comparing the number of views from March 2009 to this year with an increase of more than 13,000!

This doesn’t necessarily mean that there are 13,000+ more tenants moving. More and more people are now using the internet for everything from ordering their weekly shop, to social media, to finding a roof to go over their heads! Perhaps the increase could be blamed on a mix of properties being more easily accessible online and an increase in the number of properties in the rental market.

Higher Demand, Higher Rents?

There have been a number of news reports recently stating how poor the housing market is and that many people cant afford to get themselves onto the property ladder, so perhaps this is why more people are looking to rent instead? It has been reported on the ARLA website over the last couple of weeks that demand seems to be outstripping the supply of rental properties.

Well, we always have properties available and I very much doubt that we’ll ever see a day where we have absolutely nothing left to market but this isn’t quite what is meant by this term. Sometimes we see a high demand for family homes, such as 2 or 3 bed houses and as they get snapped up, the number still available will decrease. This is when tenants may be willing to stretch to pay a little more rent to make sure they get the house they want. At this time of year, there is always lower demand for rental properties and we can prove this by looking at the number of enquiries in October year on year.

Should We Be Worried?

It seems that the only news we see about property in this country is how about how poorly the market is doing and how the country is on its knees. Yes, it is true that a lot more people are trying to spend less wherever possible, not just in the property market but life in general. I don’t think we need to be worried but perhaps just a little more cautious.