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Welcome to the questions and answers section of Landlord-Law
Here Tessa answers questions sent to her by readers (both members and non members). Only ten questions and their answers are displayed at any one time - the others can be viewed by members only by following the link to 'old Q and A' at the bottom of the page.
Please note that when viewing old questions and answers, the date of the answer is important - be careful with old answers as the law may have changed since the answer was given.
Apologies to those who have submitted questions which have not been answered. We cannot answer them all ...
Question: I am thinking of renting a 'two' bedroom flat. One of the rooms is tucked away with no window and one exit. Is this legal? Mr.R.Allen, Brighton
Answer: You may have a problem with the fire regulations. The best thing to do is to have a word with the Housing Officer at your Local Authority who will advise you. Keep a record of any advice he gives, just in case there is a problem later. 28 February 2010.
Question: I live in 4 bed house but will be renting out 3 rooms to one couple and we will be sharing lounge, kitchen, etc, what type of tenancy agreement should I have in place with my tenants. Anon
Answer: I suspect that this will be a lodger agreement, so long as you do not give them ‘exclusive occupation’. For example if you provide services etc. This would be the best sort of agreement from your point of view. However if they are going to put locks on their doors and will not let you in, then this will be a tenancy. Implications being that you will be liable for the landlords repairing covenants and will have to get an order for possession if you want them to leave. This is explained in my detail in Day 1 of my 21 days of tips for Lodger Landlords web-site. 28 February 2010.
Question: My tenant claimed he was a professional and the referencing agent (commissioned by the letting agent) gave the 'green light' based on the results of the reference. The tenant lied about his occupation and the reference he gave does to appear to be legitimate. Only a mobile number and private dwelling was put on the tenant's form for his reference. The tenant has proved extremely problematic and is severely in breach of contract. The tenant has been served a notice to quit but has ignored it and has set up his own companies. Anon
Answer: I would suggest you serve a section 21 notice and arrange to evict the tenant if he does not leave at the end of the notice period. When this is will depend on how much longer the tenancy has to run, as a section 21 notice cannot end before the end of the fixed term. I would not recommend using one of the ‘discretionary’ grounds for possession as they can become complex and expensive, depending on whether the tenant defends or not. Generally it is best just to wait for the section 21 notice to expire and use the much more straightforward accelerated procedure. Landlord Law members can read more about this in the articles and FAQ in >> this section. 28 February 2010.
Question: Hi I have to go out side to turn heating on and got live wires hanging out son room been here six months due to leave end of march heating not working right he gets his last month’s rent this week do I pay and dampness. Anon
Answer: It sounds to me as if your landlord is in breach of his landlords repairing covenants. It is likely that you will be entitled to compensation for this, although these sorts of awards are not particularly high. You could consider withholding your last months rent, and saying to the landlord that if he brings a claim against you, you will counterclaim for damages for the disrepair. It might be a good idea first to get some advice, try Shelterline on 0808 800 4444. Or you could have a word with the Housing Officer at your Local Authority. 28 February 2010.
Question: Tenant is in rent arrears and will not answer the door, and has changed locks, how do I gain entry? Anon
Answer: You can’t. Not unless you have a court order for possession and enter with the County Court bailiffs. Landlords do not have any rights to enter the property against the tenant’s wishes (save in cases of emergency for example if it is on fire). If you try to enter, when the tenant has clearly indicated that he does not want you to, this will be harassment which is a criminal offence. 28 February 2010.
Question: I would like to introduce a clause to the AST which states that rent paid late will incur a fee of £25/week, just to encourage my tenants to pay on time. Four of them do pay on time but one owes me money, which I am taking steps to resolve. Is it lawful for me to introduce this penalty for all my tenants? Mrs K Merrin of Lewes
Answer: A penalty clause like this is likely to be in breach of the Unfair Terms in Consumer Contracts Regulations 1999. This states (more or less) that clauses which impose an unfair burden on consumers or which try to change their legal rights will be void and unenforceable. The Office of Fair Trading (which polices the regulations) has indicated that it will consider penalty clauses which do not reflect the actual cost to the landlord of the tenants breach to be unfair. Virtually all tenancy agreements will be subject to these regulations as most landlords will be considered to be business. 28 February 2010.
Question: My Uni student has left his course early. The agreement specified that the rent would be due until the end of the academic year (June). I reminded him that he would owe the rent until June. He has returned home (leaving a couple of items but taking everything else) saying that he was going to look for an apprenticeship and would return the following week. He owes me the outstanding rent - I have written by recorded delivery (receipt verified online) asking him to let me know whether he intends to return & date otherwise to pay me the outstanding money and return the front door key. I have received no communication from him at all since he left. Would be very grateful for your advice how to proceed as I am on state pension and this rent is an essential part of my income. Thank you. Ms G, Pole.
Answer: It sounds from your question as if your student rents a room in your house and shares living accommodation with you, and is therefore a lodger. I have a special web-site for this, the Lodger Landlord at http://www.lodgerlandlord.co.uk/. If the Lodger has left with rent arrears due, and has not responded to correspondence, then (assuming this does not conflict with anything you have in your lodger agreement) I suggest you just pack up his things, keep them safe, and re-let the room to someone else. You cannot be expected to wait forever, and provided you have given him 28 days notice then he cannot complain. If he still has the front door key, you might want to consider changing the locks. 28 February 2010.
Question: I have 1 tenancy agreement for 4 individual tenants. One of them wants to move out. Do I have to bring the whole tenancy to an end or can the outgoing tenant transfer her interest to a new tenant so that the new tenant is bound by the same contract i.e we only want one tenancy agreement for all tenants in the house. Lettie – London
Answer: Basically either the incoming person stays there as a lodger of the other tenants and the outgoing tenant remains liable under the existing tenancy agreement, or a new tenancy agreement is signed with the remaining tenants and the incoming one. This is the best solution as it ends the liability of the outgoing tenant. Landlord Law members can download tenancy agreements from >> here. You will need to inform the tenancy deposit company you are using of the changed situation. 28 February 2010.
Question: My mother owns a flat which she let to a lady, she refused to sign the tenancy agreement and has now not paid for 3 months. We are unable to contact her, we've been calling and texting with no replys. We visited the property day and night over many weeks and she is not there. We issued notice of intention to inspect, giving 24hrs notice. When we went inside it doesnt seem to be lived in but some of her belongs are there. What can we do now? Thanks. Mrs Comell
Answer: You need to be very careful about repossessing property which still has the tenants belongings in it, as you can be sued by the tenant for compensation for unlawful eviction. It is only really safe to do this if they have removed all their belongings and left all the keys behind (giving up the keys is generally taken as a symbol of giving up possession). The best thing to do is to obtain an order for possession. You can read more about this >> here. 28 February 2010.
Question: In case of disrepair of utilities, like shower for more than 2-3 month, does the tenant have the right to take the matter into court and ask for compensation? Mrs. I. Ray of Newbury Park
Answer: You do, however there is a ‘pre action protocol’ you need to comply with first. You can download it from my Landlord Law page >> here. You can also, provided you follow the proper procedure, get the work done yourself and set off from your rent. This is explained in the tenants section of Landlord Law (see the link above), or get some independent advice first. 28 February 2010.
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