Tag Archives: Property Advice

29May 2013

Current Property news: New Portal risks falling in where others have fallen before!

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By Steve Roulstone

New portal

Reports over the weekend confirm a story I heard not two months ago, that a serious contender to Rightmove and in a lesser way Zoopla, is about to be launched on the market. Recent price increases on the amount charged for portals have been discussed at length within the Industry and have mainly been as the result of Rightmoves belief that as the leading market provider, they can increase costs at will. I may be wrong, but see no increased level of services for increasing levels of invoices?

 

Right to reply.

This is a course of action that rightly in my opinion generates responses and in this case we seem to have had a response, which, if successful, will severely dent Rightmoves position as market leader. I will not comment on the scheme in general because we have very little detail as yet and until we do I would prefer to keep my powder dry.

 

However!

What is worthy of comment and the detail that caught my eye when reading a report on the plans on a property press web site was the initial statement that Agents joining the site would be asked to do so by only utilising the services of one other portal. It seems strange that having stated detail would follow, that such a major requirement should be the only rule released? Unless of course it was released to test the water!

 

Expected reaction.

If that is the case, the reaction seems to be as expected, that people like to choose for themselves who they do or do not wish to run with. If not, then hopefully notice will be taken of the reaction received because it flies in the face of one of the very principals the new site would be battling against in clearly setting itself up as a competitor with Rightmove.

 

Visit the reasons.

Please take on board Agents Mutual that you have set yourselves up as an alternative to Rightmove, not only because of prices, but also because of the manner in which they treat their customers. The feeling that we are dictated to by Rightmove, as a customer of theirs, has increased on many levels over the last few years and is in my opinion, a major influence on our perception of them as a Company.

 

Right to choose.

This is why, when given the right to choose a viable alternative, a large sector of the industry may well do just that. But by telling us in effect, who we can and cannot trade with, is acting in a manner no different to Rightmove in the first place. It is very clear as to why the need for such a rule to be in place is felt to be important to its success. But I would ask those involved to re-consider? Surely a better motivation to potential customers can be found than one that tells its customers how to go about their business?

 

Landlords that matter.

It must not be forgotten that we exist to provide a service to our Landlords, in doing so we should give best advice at all times. It cannot be in the Landlords interest for Agents to withdraw services from a provider because of a principal of business which may in the long run serve to improve what we offer, but will change little from our customer’s perception. Better the providers work on offering a better service which we need to follow, the principal remains the same, but Landlords do not suffer along the way!

17Feb 2013

Another Year Flies by in the World of Lettings!

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By Craig Smith

It only feels like 5 minutes ago since we were marking our first anniversary of blogging and only 10 minutes since we actually started! The fact is we have now been blogging for 2 years and have no plan of stopping any time soon!

Looking Back

As another year goes by we have seen yet more changes in the industry as a whole and as the saying goes; ‘you learn something new every day’. Well we certainly hope that some of our posts have helped to fill the quota! This year we have covered everything from the Localism Act toCoronation Street. OK, so we weren’t exactly gossiping about the characters but more about the gas safety awareness issue raised in one of the storylines.

Over the past 12 months we have seen changes in the gas safety legislation which has caused some of our Landlords to spend some considerable money/effort in having their properties rectified. The gas business is yet another industry where regulations are constantly changing and where something might be perfectly acceptable one year and not the next.

Recently, we have even published some of our blog posts in our local newspaper to help to spread the word more locally about some of the issues we come across. We’ve had a good response to this as we do so of the comments we receive online and it is always nice to know that people not just read but also understand the messages we are trying to distribute.

Moving Forward

As another blogging year comes into view, so do further changes to the way the lettings industry works. Rules and regulations are changing on what feels like a weekly basis which certainly keeps us on our toes!

One such thing is a question due to be asked in Parliament later this month as to whether there should be a mandatory register of residential letting agents. Whilst you might be thinking how good an idea this is or isn’t there are still a lot more details to be confirmed if this were to go ahead. Would the register be kept by the local councils or would it operate on a national scale? Would there be a fee to pay for Landlords to join? How would the register of Landlords be managed to wean out the rogues?

There are some schemes like this already in place in localised areas so we can only presume that any future plans would be very similar to this.

Likewise, there are still a lot of questions that are yet to be answered concerning the Green Deal. (You might remember our recent post about this.) Although this might not apply for another couple of years, plans still need to be made so that Landlords are prepared for what is around the corner.

So here’s to our next year of blogging!

21Jan 2013

The Green Deal: How Will It Affect Rental Properties?

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By Craig Smith

From 28th January 2013 the Green Deal will be coming into force as part of the Energy Act 2011. The idea is that households can have a grant from the Government to install more energy efficient improvements which will then be paid back as part of their utility bills.

Homeowners

The basic way that the deal will work is for a homeowner to have their property surveyed to see if they could benefit from the grant. The grant would only be given if the savings that could be made would outweigh the installation costs as there would be no point otherwise! Some of the more well known improvements include loft insulation or installing a more energy efficient boiler.

Once the improvements have been carried out, the homeowner would pay back the grant over a set period of time as part of their energy bills but this would not come to any more than their regular bill payments. This way, in theory, they start to enjoy the savings almost straight away.

Clearly, the longer you live at the house the more savings you should make. Even if you did need to sell up or move quicker than expected, the grant repayments would stay with the property itself rather than the owner so the new occupier would pick up the bill but also enjoy the savings!

Landlords and Tenants

Having this done in your own home looks like a great way to save money, particularly if you don’t plan on moving any time soon. But when it comes to rental properties, it gets a little more complicated.

A tenant could still save money and help the environment which can only be a good thing. However, tenants may not be so keen to take part in the scheme if they aren’t planning on staying put for very long. A lot of tenants, for example, only rent because they need to move around for work and may need to move on again in a few months time. Don’t forget that in the majority of lets it is the tenant who pays for the utilities, thus covering the extra bill and saving very little in the short term.

Good or Bad News for Letting?

Some tenants may see this as them paying for improvements to someone else’s property. And whilst they may enjoy some savings when they are living there, they wont gain anything when they vacate.

However, what sounds like a disadvantage for some Landlords could be beneficial to others, depending on the tenants in the property. Longer term tenants may want to benefit from the savings and could also improve the Landlords property at the same time. Perhaps a longer term tenancy agreement could be agreed for some tenants who would be willing to take up the grant? This would ensure that the tenant benefits from the potential savings and also gives both the Landlord and the tenant security of having the home let for a longer period.

Stricter Rules in the Coming Years

This deal comes in at just the right time as from April 2018, it looks set that no property with an EPC rating of a band E or lower could be legally let. (The aim is to not just save money but to reduce the impact on the environment from energy usage.) This could be bad news for Landlords of the more rural or older properties. We don’t yet know if the sales of such properties will be affected but with energy usage becoming bigger and bigger news, it does look as though it will have some impact. Would you want to buy a property knowing it would cost a fortune to run or not be able to let it out?

22Dec 2012

Letting News: Tenant Information Packs Becoming Compulsory in Scotland

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By Craig Smith

As our office is based in the Midlands (England) it isn’t very often that we have the need to report on a change in Scottish legislation. The 2 countries may be very similar but they don’t share all of the same laws and regulations when it comes to lettings.

New TIP Packs

Under the Private Rented Housing (Scotland) Act 2011 any Landlord inScotlandwill soon have to provide each new tenant with a Tenant Information Pack (TIP). This may be new toScotlandbut may I just point out that Castle Estates have been producing these packs for almost 10 years! It has changed over the years to cover the ever changing legislation and changed layout once or twice but has remained generally the same.

Why So Long?

The Scottish equivalent could be up to 30 pages long with various information about the property and its necessary legal requirements but our fits neatly enough into 5 pages and covers, we feel, all of the general information a tenant might need. It is our general practice to go through this with every tenant at the check in to ensure that they understand their rights & responsibilities before they sign any tenancy agreement.

Don’t get me wrong, I’m all for making sure that everyone knows exactly what is expected of them but being perfectly honest, I don’t know how many people actually take the time to read it during their tenancy or remember most of what it means. Which only begs the question, what is the point in having a compulsory version that is 6 times as long?!

Waste of Effort?

If the government stopped and thought realistically for a moment, they might share the same viewpoint. Maybe this will just be yet another stack of paper wasted and extra money down the drain for no reason?

The same has happened in relation to deposit protection (uh oh, here we go again with deposits!). We now need to ensure that the terms & conditions for the relevant deposit scheme are provided to each tenant at the start of their tenancy. This is just over 10 pages of information which seems to end up in the bottom of a drawer or at the back of a cabinet.

Good Idea or Bad?

In general, I do think it is a good idea to have certain information for tenants although some of it may just be overkill and could be found with 2 minutes searching on the internet. I guess we’ll have to see if this becomes law in England and Wales too and how well it goes in Scotland!

23Nov 2012

Rental Property Advice: Damp or Condensation?

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By Craig Smith

One common issue reported by a lot of tenants is that of damp appearing in a property. But it isn’t necessarily damp that is the issue as a lot of ‘damp’ turn out to be nothing more than condensation which can be cured with a few simple pieces of advice.

Condensation Problems

The majority of these issues are, of course, condensation. This can come about if there is a lack of ventilation in a particular part of a property where the moist air can’t escape. Although we are approaching the winter months and the temperature is gradually getting colder (although hopefully not too cold this year!) it is still important to ensure rooms are kept well ventilated, mainly when showering or cooking.

Both of the above generate warm, moist air which can mostly be seen on window panes. What can’t always be seen is the amount of warmer air that cant escape and will eventually appear as black marks or peeling paint on walls or ceilings. We tend to find that most of these reported problems occur in bathroom or upstairs bedrooms, bathrooms due to the obvious showering & warm water and bedrooms as a lot of people prefer a nice warm bed to go home to and leave windows etc closed.

Putting a Dampener on Things

The symptoms for damp and condensation can be very similar; typically a black or mouldy mark and a musty smell where it has occurred. When someone notices a mouldy or wet patch on a wall or ceiling it is easy to mistake this for damp, particularly in older properties such as Victorian terraces. Damp is usually caused when there is a leak of water into the property such as a leaking roof or gutter or water coming up from the ground through the walls.

The repair job might not be as big as it sounds and can sometimes be fixed with a couple of hours work from a local trusted builder. From experience in our office, items such as a slipped roof tile, blocked/broken guttering or a crack in the outside wall are the most common causes of this.

Putting the Damage Right

For condensation the best cure is to keep the affected areas well ventilated (for example, using extractor fans where there is one and opening windows to keep air flowing through) and to wipe down any areas where the mould appears to help prevent it spreading. It will take time for it to eventually die down but with some good ventilation and some old fashioned elbow grease you should soon notice the difference.

As above, damp may need a little more than just cleaning but a good builder can recognise exactly what needs to be done to cure the problem. Once the job has been finished you will probably need a few coats of good paint or stain block once the moisture has dried up to stop the marks from appearing again.

Big Difference

Condensation usually occurs higher up in rooms whereas damp can lurk around outside walls where moisture can come in rather than it trying to get out. Sometimes it is better to do some investigative work yourself before involving any costly call out charges.

15Nov 2012

Rental Property News: Survey Shows High Number of Properties Left in Poor Condition

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By Craig Smith

At the end of every tenancy comes the day that a lot of Landlords and tenants both dread… the day the tenant hands the property back to the Landlord. The actual arrangements can be simple enough but sometimes the property can be returned in a less that satisfactory condition.

Landlords Not Happy

A recent survey of 300 Landlords by Meet My Agent suggests that 73% were not happy with the condition in which their rental property was returned to them. This doesn’t necessarily mean that the properties needed a complete refurb but can mean items such as cleaning or repairs were not up to scratch. That said, the survey also suggests that 41% of Landlords’ properties have needed a complete refurbishment following a tenant vacating which is staggering!

Our Recent Statistics

I’ve looked back through our most recent 20 check outs and can conclude that, in general, more properties have issues upon the tenants vacating than those that don’t. The split is 60% that have issues, whether it is something small such as a couple of hours cleaning or more in depth works, to 40% that were left with no issues whatsoever and are ready to be occupied again.

Facts Instead of Presumptions

To get a better picture I think it is more important to look at the actual level of works required rather than just looking at the number of issues. Looking back again at the 60% which needed works, I cant find a single one which didn’t need some form of cleaning following the tenant vacating. Again, this doesn’t mean that these tenants have lived in squalor, (far from it!) but does mean that the property wasn’t left in such a clean condition as when the tenancy first began.

3 out of those 12 needed items other than cleaning such as replacement items but none of these were anything too major.

Preventing Extra Works

One way to better the chances of a property being returned in good condition is to not only take an inventory at the start of the tenancy but also to tell the tenants what you would expect. Part of our usual process is to send a short set of guidelines to the tenant which lists some of the most commonly forgotten items. Some of the main concerns mentioned above include dusting down skirting boards or making sure a kitchen extractor hood is left clean.

Best Practice

Through the experiences this office has gained we find that advising tenants before they vacate can help to ensure a property is returned in a good condition. Of course this isn’t always the case but it does all add up to ensure a smoother handover!

14Nov 2012

Prescribed Information confirmed as having Greater Importance

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By Mike Edwards

In July 2011 the Court of Appeal ruled in the case of Suurpere v Nice and Nice that inadequate Prescribed Information as required under the Tenancy Deposit Regulations as set out in the Housing Act 2004 and above all in the Housing (Tenancy Deposits)(Prescribed Information) Order 2007 had been issued to the tenant.

In this latest case the Court of Appeal on 6th November 2012 has reached a similar decision and overturned an earlier and incorrect lower court decision. The full details of this decision are awaited but the simple facts are that the tenant had paid a deposit and the Landlord had protected it in one of the approved schemes but he had not given the prescribed information (PI) as required by the Prescribed Information Order 2007. In the Suurpere case there was an agent involved who paid the fine but in this case there was no agent.

The tenant had significant arrears so the Landlord issued proceedings and as is so often the case and where the big danger lies for landlords the tenant counter-claimed that the requirements of the Prescribed Information Order had not been complied with. At the initial hearing the Landlord admitted this ‘offence’ but in defence claimed it didn’t matter as the tenant could easily find the information for themselves. This was exactly the decision in Suurpere – that the tenant should be given the information not have to go searching for it as and when they needed it.

This opinion was strongly emphasised in Suurpere which makes it all the more astonishing that the lower court Judge was persuaded by this argument. That in effect it is the protection of the deposit that matters in TDP cases and that the issuing of the PI is no more than an administrative procedural necessity. So the Landlord claimed the deposit had been protected (which it had) and that the tenant could have gone to the scheme administrator for anything else he wanted to know. The lower Court dismissed the tenant’s claim stating information in the tenancy agreement (scheme details) plus other information the Landlord provided during the Court hearing was enough to comply with the requirements of the Order.

Not surprisingly given such an obvious error at law the tenant appealed and equally unsurprisingly the more learned Court of Appeal disagreed completely with the Landlord and original Judge. It held quite clearly that the giving of the PI amounts to more than just a minor procedural obligation and that the information has  real importance in advising tenants how to get their deposit back and also how they could go to a dispute at no cost to themselves and without the need for litigation on their part.

In effect the Court of Appeal has upheld the decision of the High Court in Suurpere v Nice (see Nearly Legal report here). The lower Court had not reached a proper judicial evaluation. The Landlord clearly was in breach of the Prescribed Information Order and so the penalties in section 214 The Housing Act 2004 applied. Therefore the Landlord was ordered to return the deposit plus, because the original offence had occurred before The Localism Act 2011 provisions came into effect in April 2012 the mandatory penalty of three times the deposit applied

So the tenant won and his appeal was allowed. Significantly the Court of Appeal has now agreed with the High Court decision in Suurpere that the Prescribed Information a Landlord must serve on the tenant is not some administrative afterthought which simply acts as an accompaniment to deposit protection. It is instead a vital component and one of two parts in the deposit protection process both of which must be fully and correctly completed by the Landlord to discharge his obligations in respect of deposit protection.

Simply to protect the deposit, laudable though that is compared to not protecting it, is insufficient to discharge the obligations. But more importantly this latest binding decision from a Court of Record confirms as was held in Suurpere that Landlords must supply that information themselves and not leave tenants to go searching for it themselves. As in Suurpere simply providing the DPS website address is not enough – the Scheme Terms and Conditions must be printed and attached to the Prescribed Information notice being served.

For the other two schemes there is a leaflet which under their rules it is obligatory to issue. Post Localism Act 2011 if not doing so before landlords and agents should definitely obtain a signed copy of a suitably endorsed PI form as proof that the tenant has indeed received all the information.

All this means that if there was any shred of doubt post Suurpere there is now none whatsoever that the need to comply with the Prescribed Information Order is just as important as the need to place the deposit in the DPS Custodial scheme or insure it through The Dispute Service or my|deposits schemes. The two decisions mean tenants can easily defend a landlord’s section 21 action if they can show the deposit has not been protected OR that the Prescribed Information now have clear means of defending possession actions based on s21 Housing Act 1988 actions or in rent arrears cases. If either has not been completely and correctly completed by the Landlord and if he is unable to prove that if challenged then any s21 notice he has served will fail and in any section 8 action the tenant can counterclaim.

Informed opinion was that this appeal would always fail and that the Lower Court was clearly in error by in effect saying the PI didn’t really matter and if the tenant wanted more information he knew where to find it. But the Landlord was foolish to appeal as the July 2011 Appeal Court decision in Suurpere virtually guaranteed this appeal by the tenant would succeed. So now the Landlord hands over the deposit, plus a x3 penalty and presumably has significant costs.

While agents and Landlords may be irritated by this decision it is the only correct one that could be arrived at, as in Suurpere. Given the detail in the Statute and above all the Prescribed Information Order (2007) it is clear that no matter what Landlords may believe the Prescribed Information always had great significance given the detailed way the information that must be served on the tenant is laid out in the PI Order.

02Nov 2012

Current Property News: Free Carbon Monoxide Detectors!

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By Steve Roulstone

Two items of news from the last week have caught our attention at Castle Estates in Stafford and that is news surrounding Carbon Monoxide Detectors. The first was the change is the Landlords Gas Safety Certificate to include inspection of flues running through voids and now it has been made compulsory in Northern Ireland for all new homes.

Swift progress.

Both of these moves are positive forces in the battle against this silent killer and whilst the change to include hidden flues within the Gas Safety Inspection is going to cause many problems before the end of the first year whilst the changes take effect (Many, in blocks of flats, will require access through areas which do not belong to the premises in question) the change in Northern Ireland is a move to have them as standard practise in all properties whether rented or owner occupied.

Balance in favour of rented property.

For many years as a Letting Agent I have known just how Tenants are better protected than owner occupiers, who would normally never dream of having a Gas Safety Inspection. Because I did think it a good idea, I found a Gas fire in a house I purchased was not vented at all when fitted, indeed the chimney breast was open and allowed fumes to pass directly in to the main bedroom through fitted drawers. I could have gone to bed and never woken up if we had not found the problem.

Good progress.

But the other point about Carbon Monoxide Detectors is that they are such a good idea! Because of this, as an Agent who likes to ensure we do things the right way, we are going to issue a free Carbon Monoxide detector for every new Landlord and change of Tenant.

Correct usage.

Of course one important matter is to ensure they are fitted and used. We have decided to provide one that is portable and allows the Tenant to have it in the lounge when the fire is on and then taken to the bedroom when they turn in for the night. This way we will be able to ensure that they are working from day one. The only maintenance being the replacement of the battery!

Law of the Land.

What must be remembered is the change in law came about because of a death and any move to reduce the risk has to be a good one. This is why we and our Plumbers believe it will not be long before it becomes Law for all properties. By providing them free of charge, we will remain ahead of the game and ensure this is one more area where are doing the best possible for our Landlords.

24Oct 2012

Current Property News: Landlords facing gas supply cuts through new regulations.

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By Steve Roulstone

It is very rarely that I print a headline designed to make people stop, but this is one. Following a criminal case into a death arising from Carbon Monoxide poisoning, a new test has been added to the Gas safety Certificate for Tenants concerning the inspection of joints in the flu where they pass through voids with no access. Simply put, it a joint cannot be accessed, it will fail. The consequences are a request to cut off the Gas supply and all the problems of a Landlord failing to provide space and water heating until the problem is corrected.

Immediate action.

This is a situation that needs immediate action, because it soon becomes clear that where problems occur, especially if property is in a block of leasehold flats for example. Therefore, all of our staff, and especially staff who carry out our three monthly visits, will be educated to understand where problems exist and highlight them as soon as possible.

Extent of problem.

What needs to be realised here, is not just which boiler flues may cause concern, but also the length of time that will be needed to correct the problem. As Letting Agents, we are well aware of how problems do occur during a Gas Safety Inspection, but 99 times out of 100 the work is completed on the day, or at the very worst the following day. That inspection hatches may need to be fitted points out just how long the work could take, before a system can be given the green light.

Spotted early.

This is why we are looking now and not waiting for the problem to occur. It is what we need to do as an Agent and where a potential problem exists we will supply the Tenant with a carbon Monoxide detector as soon as we are aware. We are also Block Managing Agents and being aware of where the responsibility lies, we will be advising all of our Leaseholders to review the situation and check for themselves. Finally, we will write to all of our Landlords and make them aware of the changes and implications.

Best advice.                 

There will be much more detail in the fall out over the introduction of these important and wide reaching changes. We are aware of one Landlord who owns a block of flats, who has had to fit inspection hatches in the living room of eight properties to comply. But more than anything else is the importance of ensuring a Tenant does not lose supply and heating for any length of time. One thing for sure is that a Tenant’s permission would need to be sought to allow the gas supply to be turned off, and without permission the Landlord is left in no man’s land with a system which cannot be licensed. Nobody would want this scenario to result in anybody’s death, but it is not a scenario I am going to allow to develop and this is why we are addressing it now.

Leasehold.

The Leasehold property owner faces an even worse scenario, as it may be the shared element of their building that hides the flue and then permission will need to be sought before any works can be carried out! This is another scenario that could take several weeks to be resolved and another reason why we are surveying our blocks for problems now, rather than wait for the problem to occur. We will do everything we can through being pro-active to ensure another tragedy does not occur under our Management.

Conclusion.

As a property owner, I am able to look at the action from both angles and as owners I can only recommend you do the same, or at least ask your property professional what they are doing on your behalf. One thing is sure, if nothing is done and your property comes under those that will fail, a whole new set of problems will occur and at that stage they may not be under your control!

12Oct 2012

Property Landlord Advice: Quick Turnarounds Not Always the Best Way!

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By Craig Smith

With some of us here at Castle Estates being Landlords ourselves, we understand how important it can be to keep any downtime of a rental property to a minimum. When a property becomes untenanted, the mortgage still needs to be paid along with insurance and, more so during the winter months, heating bills increase.

Breaks Between Tenancies

When marketing a property that is still occupied one of the biggest hurdles can be that the incoming tenant wants to move very quickly. We have instances such as this on a regular basis but sometimes have to be firm about the move in dates.

It is not as simple as one person moving out and another moving in the next day as there may be cleaning or decorating work that needs to be completed in between. By booking someone to move in the very next day or even within a few days later can cause the new tenancy to start on the wrong foot which then has a knock-on effect for the rest of the tenancy.

Best Presentation Always Important!

Some tenants are happy for works to be completed after they have moved in, usually small things such as a repair to a leaky tap. The biggest issues can be checking somebody in to a property that is unclean or needs the gardening tidying up as this can be used ‘as ammunition’ when something goes wrong further down the line.

We always recommend to our Landlords that their property is presented cleanly and, if applicable, gardens left tidy. This helps to stop any arguments at the end of the tenancy which can get very messy (no pun intended!) when trying to agree any deposit costs.

Extra Time to Ensure Safety

We had a tenant moving forward with a property a few weeks ago who needed to move quickly. This was fine but the property wasn’t quite ready and the move in ended up being delayed in order for the outstanding issues to be resolved. Luckily it wasn’t anything too major and the delay was only a few days but any more than this and the tenancy may have fallen through before it even began!

There are some examples where tenants don’t understand the reasoning behind delays, particularly when it could be a matter or breaking the law. If a property hasn’t had its annual gas safety check, for example, there is no way we could sign the tenancy agreements as without the pass on the certificate, we would be unable to do so. The reason is that the law states the gas safety certificate must be in place and to ensure the safety of any occupants. Not only would this be against the law, I also think it is morally wrong to place a tenant in potential danger.

Stuck in a Chain

The other common example that crops up regularly is when an outgoing tenant is purchasing a house and they are stuck in a chain. If a new tenant is already lined up to move in there is still nothing we can do to ask the current occupiers to leave as, even if they have given their correct notice, it can still be extended!

Best Advice

Going back to the start of this post, we understand how Landlords need to have the minimum amount of empty periods possible. Sometimes, a little extra time between moving out & in can prevent a lot of hassle later on!