Managing your legal duties as a landlord can feel complex. From our years of working with landlords in the private rented sector, we know that three practical steps can give you a firm foundation and help reduce the risk of lengthy legal disputes.
1. Prioritise the paperwork
Simple but important. Landlords should keep clear records of all matters, including tenancy deposit payments, rent payments, correspondence about repairs, records of the dates of repairs and the condition of the property.
Some tenants and landlords prefer to communicate by phone or in person. This can cause problems if important issues are not recorded in writing. People can forget when and how they discussed a matter and, more importantly, what was agreed. After a conversation, make a written note or diary entry of what you discussed and agreed.
If any disputes arise about tenancy management or termination, any single piece of paperwork could become crucial. This includes emails from the tenant or your diary notes. There is no substitute for having evidence in writing.
2. Respect rules about access
The legal restrictions on access reflect a simple principle: while you may own the property, it is your tenant’s home. Their dignity and right to privacy should always be respected.
Taking entry into a tenant’s home without the tenant’s explicit permission (even if the landlord has the keys) could be deemed as breaking and entering.
For letting agents, failure to properly respect the rules (both as provided in the tenancy and by legal statute) could result in the tenant seeking compensation for breach of the Letting Agent Code of Practice.
Access can be taken without prior notice only if there is an “emergency” which requires repairs. There is no legal definition of “emergency”. If the landlord takes access in this context, they should be prepared to prove that the reason was a clear emergency.
3. Use the correct notices to terminate
When ending a tenancy, getting the legal details right is particularly important.
Tenants usually vacate voluntarily. However, if they decide to contest the notice or are unable or unwilling to vacate, it is crucial that the notice paperwork is in order.
Landlords must:
- Serve the correct type of notice.
- Specify the correct eviction ground.
- Specify the correct length of notice period.
- Enclose the correct evidence (if appropriate).
- Serve the notice in the correct manner (as provided by the tenancy and the law).
- Be able to prove that the notice was served properly.
Mistakes could leave you with an invalid notice that cannot be corrected.
The notice period in many cases will be 12 weeks. The landlord must then raise eviction proceedings at the First-tier Tribunal (Housing and Property Chamber). It often rejects eviction applications if any notice is clearly invalid.
A landlord who unknowingly serves an invalid notice could find themselves at least four months down the line before becoming aware that the notice is invalid. In that case, the landlord must go back to the starting line. That can be a significant setback.
If you’re unsure about your next step, seek legal advice before taking action. We’re here to help you understand your options. Getting advice early could save you time, energy, stress and money in the longer term.
