Top Tips For Avoiding Costly Landlord And Tenant Disputes

08 July 2009

Disputes involving tenancy agreements can be onerous if you’re a landlord - and bring untold grief if you’re a tenant - so wise up on the do’s and don’ts if you want to avoid problems.

That’s the advice of Sarah Woolnough, a member of the landlords and tenants dispute team at leading regional law firm Furley Page, who says: “The law is complex. The obligations of a landlord can be daunting and the fines substantial if there’s a dispute.

“Because of the tough economic situation there’s a growing trend for landlords to let property without taking legal advice and not be fully aware of the legislation and the pitfalls.”

Sarah’s top reminders for landlords are:

• draw up a tenancy agreement and consider a guarantor
• carry out a credit reference check or take up references from previous landlords or employers from the bank
• arrange a gas safety check by an approved engineer and check that the electrics and electrical appliances meet safety standards
• protect any deposit from a tenant in one of three schemes set up by the government
• If it’s a multiple occupancy you must get a licence from the local council if the property is more than three storeys high otherwise you could be fined £20,000
• draw up an inventory to use at check-in and check out
• consider fitting smoke alarms, fire extinguishers and carbon monoxide detectors
• suggest the tenant has contents insurance for personal belongings
• consider having a guarantor.

Tenants should also check for:

• the length of the tenancy and the renewal options
• a receipt for your deposit – and confirmation the deposit is protected in one of the government schemes
• the inventory – that it includes any existing damage to the property, curtains or carpets to avoid liability at the end of the tenancy
• noisy or troublesome neighbours
• an Energy Performance Certificate (EPC)
• a certificate from a Gas Safe Registered engineer (formerly Corgi) who must check the property each year at the landlord’s cost
• the tenancy agreement – once you’ve signed it you’re legally bound to its terms.

Sarah recommends legal advice is sought by both landlords and tenants before entering into a tenancy agreement to avoid any unpleasant surprises further down the line.

For further information contact Sarah Woolnough on 01227 763939.
 

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