Letting your property can be a daunting prospect, especially if you have never been a landlord before. Even if you are an existing landlord the sheer volume of new legislation that has been passed during the last 12 months alone can be confusing.
Over the next 10 articles I will be giving you a breakdown of Top Ten Tips for Landlords, covering the issues that cause the most anxiety and confusion for landlords:
- Your rights for inspecting or viewing your property
- What is The Housing Act 1988 and what rights does it give me?
- What is Landlords Insurance?
- How and why should I protect my tenants’ deposits?
- Should I furnish my rental property?
- What should I consider before investing in Buy to Let?
- What are the taxation rules for landlords?
- Letting to the disabled – what do I need to know?
- How can I reduce the risk of problem tenants?
- How do I evict a tenant?
This week I have given you a short guide to your rights of entry.
1. Inspecting Your Property
A huge cause of tension between landlords and tenants is a misunderstanding of the landlord’s rights to visit properties that they own. It is perfectly reasonable to think that as a landlord there will be times when you want or need to visit a property that you won, yet it is very important to realise that you cannot just pop round when you feel like it, whether you have a legitimate reason or not. In accordance with the law, you are required to give 24 hours notice of any visits, or your tenants are within their rights to refuse you entry.
For clarification your, and the tenants’ rights are stated in the Housing Act 1988 (more on this next week).
Firstly – The right of reasonable access. Your first right as a landlord is a right of reasonable access to carry out repairs. The definition of “reasonable access” will be dependent on why you need to gain access. For example in an emergency you are entitled to immediate entry to carry out any necessary repairs. An emergency is generally when there is a threat to safety, or major damage to your property. This would include fire, smell of gas, major flood, structural damage that requires immediate attention, the suspicion of a violent or criminal incident. In all other cases you MUST give your tenant 24 hours notice.
In most instances, where there is a good relationship between landlord and tenant, a phone call to ask if you can visit, giving them the 24 hours notice will suffice. However bear in mind that just because you have a good relationship with your tenants now, does not mean it will always be that way. At Neil Douglas we always try to ensure we have written permission from the tenant via email, so that if any problems arise in the future we know we are bullet proof!
It is very important to ensure that you understand what rights you do and don’t possess with regards to entering the property because if you don’t abide by the rules you run a very real risk of being prosecuted for harassment under the Housing Act 1988.
Although most landlord visits don’t present any problems, as they’re generally infrequent and polite, if you are persistent and get into the habit of just “popping in” when you are passing, you can be fined, charged and ordered by the court to stay away from your property.
Take the time to read up on the rights of both yourself and your tenant, and make sure you abide by them. Remember to be respectful of the person that is paying money into your bank account each month. Always bear in mind you are entering someone else’s home, regardless of who owns the deeds to the property. In this way you will foster a good relationship with your tenant – an arrangement that will be beneficial to you and your tenant.
Next week – What is The Housing Act 1988 and what rights does it give me?