Tag Archives: Tenant Information

07Nov 2011

Property Landlord advice: Landlords visiting property can cause problems.

⋅ Leave a Comment

By Steve Roulstone

Once again I have a subject that is very relevant to our own office, as it is based upon something that has caused some consternation this week. It seems that the only way it could have been avoided was to keep a Landlord away from his own property even though the reason for his visit was perfectly reasonable!

Managed should mean Managed.

Of course, when we are appointed by Landlords as their Managing Agent, it is not with the thought that the Landlord is then going to be visiting the property with Tenant ensconced on a regular basis. Far from it, I am a firm believer in encouraging Landlords to stay away from the property, even when they live next door, which happens more often than you would envisage! If we are appointed to be the Landlords representative, then we need to be allowed to do our job and because we have systems which ensure all actions carried out are done so correctly and that all conversations, comments and requests are noted, when this happens outside of our control it can leave us with problems, either then or later.

Coming back to bite you.

The instance that happened this week was of a Landlord unable to recall exactly what was said during a visit made (with permission of course!) to carry our maintenance (another blog all in its own right!) but it was the subject of the conversation which was the problem, because the Tenant having left the property, is being asked to decorate a bedroom back from purple walls to magnolia and yet they are stating they sought and gained the Landlords approval when they spoke.

Correct procedures at all times.

The main point here is that every member of our staff knows that as soon as any Tenant asks about decoration, we have a set procedure which includes confirmation in writing of both the request and response as well as submitting sample colours for approval. The same applies to any conversation which may have implications, we record the content, but what it is difficult to do is point out to the Landlord that they have gone about matters the wrong way by not informing us of the request when the initial approach was first made.   

Implications.

In this case, it is going to be difficult to prove the Tenant wrong, especially as we have nothing in writing to back up our case should the matter go to arbitration through the TDS scheme, which it probably will, so we may see the Landlord having to both paint the bedroom himself and pay for the privilege as a result of what started out as an innocent property visit carried out by the Landlord.

Recommendations.

So it is for cases such as this that we try wherever possible to encourage Landlords to stay away from their own property, or at the very least, to always ask the Tenants to contact us about any issue they raise, no matter how small, rather than get involved themselves, no matter how innocent the subject appears. Only then can we ensure that we remain in control of the situation and able to ‘Manage’ the position on behalf of the Landlord, after all I am yet to find any Landlord who approved purple paint for any room in their house!

01Nov 2011

Tenant advice: Correct procedure for end of Tenancy.

⋅ Leave a Comment

By Steve Roulstone

One area that can constantly present problems to both Agent and Tenant (and subsequently Landlord) alike, concerns works needed after a Tenancy has ended, when the Tenant looks to re-visit the property to carry out garden maintenance, cleaning or removal of rubbish left. This is of course further complicated by the regulations surrounding the Tenants Deposit Scheme but for the purposes of this explanation, I will ignore TDS otherwise as a Blog this could become a Novel!

Correct procedure.

Of course what we have to work by is the legal requirements and therefore the legal manner in which Tenancies are considered. To explain, this means that the day of the check-out (for all Tenancies should be marked by an official visit to the property by the Landlord or Agent, otherwise no record can be made of state and condition) when keys are handed over and the last day that rent is actually paid for the property, the Tenancy comes to an end. The problem this presents is when the Tenant looks to re-visit to address issues as described above, because they can only do so with the Landlords permission!

Time to address the issues.

 It is the expectation and stance of many Tenants that can cause trouble here because if works are left to be done, such as cleaning or removal of rubbish, then it is perfectly reasonable for the Landlord or Agent to want to charge for the work to be completed, because the Tenant no longer has a legal right to access the property and of course the Landlord or Agent may be moving a new Tenant in as soon as the following day.

Not by right.

The main cause of any upset in my experience is the reaction from the outgoing Tenant to having access denied and the fear of charges that will arise from the work not being carried out in time. As I have stated, I am not going to bring TDS in too this scenario, so what we are talking about here are principals and the word of law. Therefore, any upset is because Landlords and Agents use the law as the basis of decisions made and subsequently it is the Law that the Tenant is questioning. Of course, the Law in such instances when applied correctly cannot be questioned and because Landlords and Agents know they are on sound footing very rarely does the Tenant receive any lee way, but even when it is granted, there can still be bad feeling, even though such access is purely at the Landlords grace.    

How to avoid problems.

Well of course there is no guarantee, because with people being people, there will always be some Tenants who do not wish to comply with the requirements of the agreement, but my advice to any Tenant is to understand what you are required to do at an early stage, then (and this is the important bit) when your Landlord or Agent confirms the end of Tenancy procedure and implications of the check out date (done properly this can avoid problems) it will not come as such a surprise. But rest assured, should you ignore the detail and expect to walk away with works remaining,  Agents will on behalf of their Landlords, pursue the Tenant for recompense, through and within the TDS legislation.

24Oct 2011

Property Landlord advice: Keeping the House warm!

⋅ Leave a Comment

by Steve Roulstone

At our office in Stafford, at this time of year, we like to remind our Tenants on behalf of our Landlords, especially in relation to their Insurance, that during the winter months they have the responsibility of keeping their rented property at the right temperature to combat our winter weather. We do this every year to ensure that property is left unprotected during holidays, be it skiing, a winter break or just over the Christmas period that Tenants are away, the home still needs protecting. Especially after the hard spells we experienced last year, which were a timely reminder ensuring we do not take any year for granted as far as the weather in this country is concerned.

Correct temperature recommended.

Of course one of the most important pieces of advice, in amongst information on emergency procedures and confirmation of responsibility, is the correct temperature that an empty house should be maintained at and it is this one figure that I wanted to highlight today, because should you ask any group of people what temperature they should maintain their own house at whilst away during the winter months, it would be my position that very few would be correct in their estimate!

Plumbers and Insurance agree.

The surprising thing was that the recommendation was agreed by both the Insurance companies (written as part of the policy) and the plumbers we spoke to, namely that the house should be kept between 12c and 15c. (I know that in my own house, and even in the rented property I now occupy, I have never aimed to keep the property at this figure) However, what matters here is that as Agents we advise the Tenants in a manner that they both realize their responsibilities and are advised in a way that the implications are understood.

Co-operation required.

If it is part of a Landlords Insurance policy that a minimum temperature be maintained when a property is empty, then it is important that Tenants are reminded at least once a year and that the reminder is timely, with the beginning of the winter being the best time to renew the instruction. There is no doubt that cold snaps such as we experienced last year may not come every year, but then there is just as much chance that they will and this is something that the Landlord cannot ignore, because should an Insurance Company be able to prove that a property has not been maintained correctly, then they have the ultimate sanction and could refuse to accept any subsequent claim!     

Clear advice and implications.

What we would all seek to avoid in such circumstances, is a situation where the Tenant can be held responsible for damage caused because they did not follow what was required of them so it is important that they are both made aware and advised of the clear implications that could follow from not carrying out there responsibility. What we do know from previous experience, is uncommon to popular belief, the majority of Tenants do understand and are sympathetic to what they need to do in these circumstances and therefore when advised properly and informed on time, they will co-operate and help to keep ‘burst pipes’ to a minimum!

18Oct 2011

Property Landlord Advice: PAT testing for all!

⋅ Leave a Comment

By Steve Roulstone

The ‘all’ in the title above is referring to all portable electrical goods in any rented accommodation which is a House of Multiple Occupation and in particular the Tenants goods as well as any electrical items supplied  by the Landlord which is not something that would automatically come to mind, but the principals are just the same as the reasons why goods are tested in the first place.

Portable Appliance Testing

It is one of those sayings which gets accepted as an acronym and slips in to our language so easily that the proper meaning can easily be forgotten.  But the reason for testing all appliances supplied by the Landlord, is lost if the appliances supplied by the Tenants are not tested as well. This means any heating device, television or even fridge that they supply, will need to be tested as well, otherwise the whole point of carrying any test out is lost.

Enforcing the rules.

Of course it is how you manage this and of course why it should be done in the first place that needs to be explained. In our case at Stafford, we manage two blocks of rooms (over 60 in each) which are run by Wardens that we supply and the recommendation came about as a result of a Health and Safety and Fire Inspection, on behalf of the insurers, who naturally want to know that everything is being done to minimize the risks involved, especially where foreign students or workers are concerned with electrical items that run on a different current to our own electrical system. (Rice cookers are a prime example) What we do is to advertise the day we have our own test carried out and then allow goods to be tested free of charge.

Contractually bound.

The difficulty is enforcing the rule, which we also add to our contract for the accommodation, because if this opportunity is ignored, then it is almost impossible to enforce the test, so it is very much about communications and taking advantage of every opportunity to have the work carried out, which is why testing for free along with the Landlords property is, we feel, such a good idea.

Computers.

Of course the biggest area is lap tops and computers as virtually every student and indeed worker would now have their own computer, which still needs to be tested and despite the obvious reaction that any test would ‘blow’ the computer, there are set standards and methods (of course!) to follow. Such information is vital when assuring your Tenant that the test needs to be carried out and you are faced with the inevitable statement to do so would destroy the computer.

19Sep 2011

Rental Issues: Can Tenants decorate?

⋅ Leave a Comment

By Steve Roulstone

As I stated in my last blog, it has been one of those weeks where recurring issues have chosen to raise their heads all at the same time and the latest one that has attracted the attention of my ‘electronic pen’ is that of Tenants decorating a property, either with or without permission!! This week it has been one of the latter that has caused the problem and because of this, I felt these pages would be a good way of clarifying exactly what should happen and what is or is not allowed for Tenants wishing to decorate in a rental home.

Good call.

Firstly, unlike many of my compatriots in this industry, I appreciate where Tenants are coming from when at a viewing they ask if they can decorate. I can see that the person asking (it is usually a Female who would ask the question) does so because they wish to make the house their own and put their own stamp on what they perceive as their future ‘home’. It can be disappointing for a Landlord to be asked after they have just completed decoration in the neutral colours we suggested, so unless decoration is a real issue, we normally say not for the first six months, after all, as we explain, if the Tenants decide to move after six months, then we would rather they saved their money!

Without knowledge.

This is the scenario that we all fear and I well remember the first time this happened to me, when  a Mother, wishing to provide her kids with a bedroom that was definitely their own, decorated one bedroom in red, black and white Manchester United wallpaper, complete with gold and red crest and the second bedroom in Barbie pink! It was not just that the wallpaper was garish, but also because it was job had very badly carried out and even after removal of the paper, the paintwork resembled a poker dot finish rather than a normal painted finish.

The correct way.

Of course permission to carry out decoration should not and cannot be unreasonably withheld and that means that a system should be in place so that approval can be sought. This should include a written request from the Tenant including colour and paper samples, which will produce a written response from the Landlord either saying yes or no to the suggested scheme. This is because it is unreasonable to ask that a bedroom should be painted deep purple, no matter what the reason for the request, so it is therefore NOT unreasonable to refuse permission. But with acceptable colours a written acceptance ensures there is no comeback, either for the Tenant, or the Agent!

Professional Decorators.

But Tenants should be made aware, that even if the Landlord does accept the scheme itself, they will (and should) expect a professional finish in carrying out the work. I have known Landlords insist that any work is carried out by professional decorators and if the property has been decorated in this manner in the past, then to request painters and decorators to carry out the work again, is reasonable. But to allow people to carry out the work themselves does leave the standard of the work squarely on the shoulders of the Tenant and if they fail to carry out the work well, with badly fitting paperwork and the edges of paintwork not defined, then it is perfectly reasonable for the Landlord to insist the Tenants pay to have the room returned to its original state and condition.

Confirmation is everything.

This is a judgement call for both Landlord and Agent and in most cases is dealt with as previously mentioned by ensuring letters are in place, with perfectly clear obligations contained in the letter and with photographs of both before and after. If doubt does exist, then permission could be given for just one room, such as a bathroom or small bedroom, to judge the standard of decoration achieved prior to allowing any further work to be carried out. Either way this is a major part of Managing a property and should be taken seriously, and dealt with professionally to ensure mistakes are avoided for all concerned. But even though we advise all Tenants of the procedure before  commencement of all Tenancies when we discover that decoration without permission on a property visit we know the consequence will more than likely, not be good!

30Aug 2011

Rental Issues: Holding a property for rent.

⋅ 1 Comment

By Steve Roulstone

It has been a week of issues that repeat themselves at differing times in our Stafford office and the length of time that we are able to hold property has once again come to our attention.  We always receive calls from people who have decided to rent for a period after selling a home and the advice is usually the same. ‘Call us back at the most, six weeks before you are ready to move’. I have written before about the differences between Renting and selling property and what must be appreciated to understand the Landlords and agents requirements but there is still a lot of misunderstanding about how long a Landlord will hold a property for a prospective Tenant.

Change of mind.

One of the issues that rarely gets mentioned, is the way in which the law operates for Tenants and the fact that they can proceed with the intention of moving in to a property for months, and then have a change of mind for whatever reason, the day before without any penalty. What needs to be understood is that the Landlord has to start the process all over again and stand the loss of rent caused by the Tenant pulling out of the commitment. Experienced tells us that the shorter the period between the Tenant choosing a home and the day they sign the agreement (the day they move in) the less chance of a change of mind.

Normal circumstances.

It is also accepted by the majority of people renting, that apart from the need to give notice in the house they currently rent, by far the majority will move within a three week period. In fact it is still far more common for us to have Tenants wishing to move within one week than Tenants wanting to move in over six weeks! So the market itself produces a normal scenario and this is what most Landlords will expect. Therefore, when we do get asked to hold a property for a longer than normal length of time, as we must always ensure we follow the Landlords wishes, it is very rare for a Landlord to agree, rather, allowing any subsequent Tenants who wish to progress at an earlier date to rent the property instead.

Risk is inherent.

It is when a Landlord does indeed choose a Tenant wishing to move at an earlier date that the problems arise, because even though we confirm that we cannot accept the application for an extended wait, advising people that they have lost the property concerned understandably causes upset. We always ensure that we do not take any payment or accept referencing forms until we are able to commit any Tenant to the process, but even then, by following the Landlords wishes, as we are bound to do by our contract with the Landlord, as the Agent it is our staff that get the brunt of the disappointment, but it does explain why we always try to stop people looking for anything more than six weeks before they wish to move.

22Aug 2011

Property Landlord advice: Tenancy problems that should be avoided.

⋅ Leave a Comment

By Steve Roulstone

 

One issue that continues to raise its head from time to time is the condition of property when the Tenant moves in. Not when it has been left in any poor state by the outgoing Tenant, because any agent knows how to deal with that problem. After all it is in the agents power to do what is needed to deal with the state and condition of a property when it is the outgoing Tenant that has caused the problem and of course the Agent will also be aware when the work is going to be carried out and when the next Tenant is due to move in. No the problem I am referring to is when the property is new to the market, or new to the Agent and it is the Landlord who is not carrying out the work they have promised and the work is therefore NOT in the control of the Agent.

First impression.

 

It is not common for Agents to criticise Landlords, but when this happens it is the Agent that bears the brunt of the complaints from the new Tenant and let’s be honest, why shouldn’t they complain, if the first thing they have to do is clean the property from top to bottom because work they have been promised has not been carried out! I know how I would feel under such circumstances and even if it is just one room, because of say decoration, it matters not, because most Ladies will then feel the whole house has been left in a poor state. Now most of the time, one persons ‘clean’ is a matter of conjecture rather than a definitive condition, but the problems caused by allowing this situation to arise for the rest of the Tenancy can be very damaging.

No choice!

 

Of course the big problem for any incoming Tenant is the lack of options most would have when faced with a dirty house. In the majority of cases everything depends on the move and having either left another rented or property that has been sold, no other options exist and this is when bad feelings really set in because nobody likes to be left with a ‘fait accompli’ that they have no say in or no other choice. Left to fester, the Landlord immediately has a problem on his hands and I would venture to suggest that if the property is being self managed (Tenant find for the Agent) then it is highly possible that the whole Tenancy will fair badly from that moment onwards.   

 

Check it out!

 

There is no doubt when the Tenants do leave it is going to be very difficult for the Agent or Landlord to prove any damage or cleanliness issues caused by the Tenant and even if let’s say the garden is not looked after with an uncut lawn, heels will be dug in if it mentioned because of the state of the house when they moved in. The other area commonly causing problems is the furniture not wanted by the Tenant being left at the property. Put simply, just because the Landlord does not want it, why should the Tenant have to put up with it?

Start well – end well.

 

Compare that situation to a house presented in excellent order, clean and ready to be occupied. Then the Tenant starts the Tenancy well and knows that they are not the only ones who want or need to look after the property. Over the years we have had many situations like this, where the solution is not in our hands (We cannot employ cleaners or move furniture without permission) and the disappointment is that it continues to happen. Best advice is not always listened to, but the follow up from the Tenants is always heard, because we are the Agent of the Landlord and are duty bound to look after his interests it is our job to do so: But it does not mean we enjoy it!

19Aug 2011

Current Property News: Evicted Tenants to look in the private sector.

⋅ Leave a Comment

By Steve Roulstone

So Councils are considering evicting Tenants from Public sector rented property because of the involvement of family members in the recent disturbances. (I will not call them riots because to me it was criminality and opportunism of the worst kind, so to avoid any link or possible connection with any kind of justification what so ever, let’s call a spade a spade!) It will be interesting to see exactly how any such person coming from the Public sector will fare with the referencing system (by professional referencing Companies)in the Private sector, because they have been sheltered from the harsh realities of requirements both financial and procedural by being in Council housing.

Referencing.

The main reason people fail professional referencing is the inability to afford the rent payable, and without the knowledge of the individual circumstances surrounding this particular case as reported above, if they were Benefit recipients, then at the very least a Guarantor would need to be provided, before a Landlord would even consider accepting Tenants on Benefit payments. The main reason is quite simple and nothing to do with the standard of Tenant, but because the Council pay in arrears, in four weekly instalments and because the Tenant has to continually confirm their own circumstances in order to continue in receipt of Benefits. Too often I have witnessed payments stopping because of this requirements and it can take up to six months to resolve in the worst cases and with the slowest Councils.

Payments.

The other significant difference will be the need to supply a full deposit. At this point I would add, not a Council supported system where no money changes hands, because despite the Council being happy to confirm that they will honour problems when the Tenancy starts (in order to get the person of their books!), all they actually do is create another barrier to the Landlords ability to re-let, by arguing at every opportunity and in one case, just refusing to pay because they did not agree with what the Agent had confirmed. Well excuse me, but we do not need any further hurdles to jump when seeking recourse when Tenants damage or mistreat property! But also rent in advance and paid by standing order, in advance from then on. This can be a barrier, especially for Benefit applicants, because the system just will not make the allowance and pay in advance for those seeking property from the Private sector.

Eviction.

I also note with interest the reference to problems in getting cases through the courts. The system of using Section 8 notices is of course designed to get action quickly and there is no doubt that the courts let Landlords down time and again, but there are other ways and other notices, such as a section 21 notice, which can be issued at the start of the Tenancy to protect the Landlord, because the courts have no choice but to award possession to the Landlord under a section 21, but once again, unless the notice is current, some courts will not allow them. But the final point I just cannot resist making, is what the courts reaction would be to a Landlord wishing to evict in the Private sector if a Tenant was found guilty under similar circumstances? Just a small bet on the BBC reacting through one of its typical early morning sound bites, raising concerns on behalf of Tenants!

22Jul 2011

Current Property News: BBC Ignore the law – again!

⋅ Leave a Comment

By Steve Roulstone

There are times when you just cannot avoid reports on TV that paint a totally false picture, even when you are not looking for it and last Saturday morning as a crowning example of just one of these times. All I was doing was enjoying my breakfast at the start of a long weekend’s holiday and as is my usual routine, catching up with the early news at the same time.  So I was watching BBC Breakfast news (although I do see this programme becoming more of a magazine than a true news programme) when once again an ‘expert’ was being asked for his opinion on this month’s attack at the rental market, increasing rents and the effect on the Tenant under contract.

 Same old same old!

I must say I do get entirely sick of the way the BBC constantly appear to ‘have a go’ at our market, not just because I am over protective, which would be true anyway, but because they never tell the whole story and always leave these sound bites (because that is what they, not a subject debated, just two minutes of perceived problems) with the impression where our market is concerned that it is unfair, badly managed and led by greedy property owners!

Ignoring the law.

The impression left for those who are not aware, is that rents are increasing in many areas of the Country and Tenants already in property are being asked to pay ever increasing rents or being thrown out! Of course this is just not the case. The Housing Acts of the last thirty years have ensured that a legal framework exists to allow increases and to protect the Tenant from ever increasing rents. This is because Landlords are only allowed to increase rents once every twelve months and then by notice, ensuring that if the rent is too high for the sitting Tenant (something that every Landlord I know tries to avoid, because as was equally ignored by the report, Landlords do not like down times when property sits empty) they have sufficient notice to find an alternative. This way Landlords can ensure the rent received is in line with current rates (Thought; if increases were not allowed, would the BBC bother to report on how Landlords are trapped when Mortgage rates increase? Somehow I doubt it!!) and Tenants know they have twelve months between increases. It is worth pointing out, that this notice period is longer than home owners get when mortgage rates increase!

Does the BBC care?

I have to wonder just how many other industries are treated in the same manner, because the damage done by such powerful organisations in this type of reporting is immeasurable. I would like to feel that through the pages of this Blog I can put the record straight but I could never hope to reach the same numbers as the BBC, even in my wildest dreams! No doubt other industries get treated in the same way, but what really put the top hat on this item was that the ‘expert’ was nothing to do with either our industry or the housing market, rather their own in house financial advisor. Now this to me just confirms that they do not care, for if they had done the right thing and actually spoken to someone who knew the industry, the whole article would have been thrown out, as the actual methods as highlighted above would have thrown the whole concept of ill-treated tenants out of the water! So in conclusion, to me at least, it is obvious that the BBC actually do not care, as long as they have what they believe to be a ‘story’ with a point, truth, facts and of course by default ‘The Law’ are not important to the BBC!

18Jul 2011

Rental Issues: Checking in advice for Tenants.

⋅ Leave a Comment

By Steve Roulstone

I always find it very interesting to visit other property blogs available and having done so over the weekend, there was one recurring theme that I kept on coming across, and by thinking through the situation one answer that cries out to protect Tenants from what is obviously a recurring problem. The focus of the questions was the state of property and the promised changes that were not made or belongings not removed prior to the agreement being signed.

You have to be there!

And in all seriousness, that is the answer short and simple. If you are promised by a Landlord, or Agent, that repairs will be undertaken or decoration carried out prior to the date you expect to move in, or not wanted furniture and belongings removed for the same timescale, then always without exception, do not sign the agreement until you have confirmed that the work or removals have been carried out or removed. Of course, more simple matters, such as cleaners who have failed to turn up, or a spare bed that is not required can be dealt with on the spot. No the situations I was reading about were matters that needed referring to Environmental Health, or rooms still full of somebody else’s furniture! The best way to achieve this aim? Arrange for the signing at the property on the day the agreement is due to commence.

That means you!

You must look on this as an important date and even if there are several people signing the agreement, they should treat it seriously enough to be present on the day. Then, everybody will be able to see that promises have been carried out and the agreement can be executed (signed) without any issues remaining. Even in the situation I studied the most, where one person was not moving in for a few weeks, either still be present on the day, or have arranged for a signature by proxy and stay in touch (This could be one of the other Tenants or better still your own representative.

Achieving completeness.

This is the name of the game, after all the Landlord or Agent is not going to release keys until all monies have been paid and accounted for (at least no Landlord or Agent I know would consider completing before being paid) so if the outstanding work is that important and I would say state and condition is a good marker for any new Tenancy (how will the Landlord react if and when further problems occur?) do not pay or complete!

Prior arrangements make for better action.

The other important issue here, is that as my own Agency would never consider starting a Tenancy without the Tenant present at the property by advising the people controlling any Tenancy that you as Tenant wish this to be part of the arrangements, it should, if those very same people have any intention of completing the work in the first place, focus their minds to the fact that they are walking in to a problem by not completing what they have promised, so by just confirming this practical and sensible routine, you could be ensuring the work is carried out. And if it has not, then do not sign and think very seriously about if you really want to under these circumstances!