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Landlord's Quiz Answers - how well did you do ?  

 

Q1     A  Ltd Company wants a 6 month let for relocating an employee.  

You will of course have advised them that this cannot be an Assured Shorthold Tenancy that is governed by the 1988 Housing Act and that a separate agreement must be drawn up by your solicitors especially if they have their own company terms and conditions that regulate the Employee's occupation. The Tenant will be the Ltd Company and the employee will be a Licensee . A fixed period tenancy might be the best option to consider where the tenancy comes to a natural end by the 'efluxion of time'.


Q2     What is the HHSRS.

Its the Housing Health and Safety Rating Score and is widely used by Environmental Health Officers throughout the United Kingdom to assess hazards and the fitness of a dwelling for occupation. Landlords, irrespective of whether they use a Letting agent or not should be fully aware of the HHSRS and their legal responsibilities under the 2004 Housing Act to keep their property up to minimum standards.


Q3     Failing to get an Annual Gas Safety Certificate done can result in....

.......a fine of up to £5,000 for ignoring this legal requirement as well as a 6 month custodial sentence. Carbon monoxide is an odourless gas that can kill and it is a criminal offence to ignore this. Landlords are required to get a Gas Safety test done on all appliances not only annually , but also every time a new tenancy starts ( before the tenant takes occupation ). The Gas SafeTest Certificate  can only be carried out by a Gas Safe registered engineer (formerly CORGI) . If some one dies  or becomes seriously ill, and there is no Gas Safe certificate in place,  these fines and custodial sentences can be extended to whatever the Court sees fit. It is our recommendation that oil fired appliances are also tested for their emissions as these can also produce deadly carbon monoxide.


Q4    Three months after an Assured Shorthold Tenancy has started you need the house back.

If  you have let the property out on a standard AST , the minimum guaranteed period protecting the Tenant's occupations will be 6 months and like it or lump it you will have to wait until this period is up before you can require the tenant to leave. A Section 21 notice  with 2 months notice would be fine as a mechanism to seek repossession but you would have to wait for a third month of notice till the guaranteed period is up. So a Section 21 Notice with 3 months notice would be the best option . The Tenant has a legal right to occupy for this period anyway. 


Q5 A Tenant's relative wants to pay 18 months rent up front.

Under the  Money Laundering Act , your would want  to check the identity of the person offering the money  and that everything is legitimate. Its not the 'norm' for rent to be paid in advance and it could constitute a 'Premium Tenancy'  -  but it does happen. If the Tenant looks uncomfortable, or you are suspicious  and suspect that everything is not above board,  you should consider calling the Serious Fraud Office. If you didn't , and the money was not from a legitimate source , you could be potentially  implicated in an organised crime.


Q6    The Tenant's Solicitor emails you and gives notice to quit.

You would want to check direct with the Tenant that they have actually served notice via their solicitor. It could all be a practical joke  or a form of harassment  with someone pretending to be their legal advisor  so as to cause mischief  for the Tenant ( it is very unlikely that a Solicitor would serve notice by email ). It would not be advisable to start any form of marketing  without first verifying the Tenant's position and then confirming in writing . Your Tenancy Agreement should have clauses that give you access to erect a notice board, take marketing photographs and show prospective Tenants around during  the Notice period. If it doesn't , you should respect the Tenant's right to quiet enjoyment and start marketing only when they have vacated.


Q7    Your Tenant calls and says the drains are blocked.

You could send someone around , however  before you did that,  it would be wise to check to see if more than one property is affected.  If this is the case then the drains will more than likely be 'Section 24' drains which are owned and maintained by the Local Authority and you would call the Council to come and unblock these free of charge. If it is just your Tenant's property that is affected then this might be a matter which needs clearing at the Tenant's own expense ( if for example the blockage is a disposable nappy that has been flushed down the toilet). If however the blockage is due to a collapsed drain then it would not only fall to the Landlord to clear the drain, but also to have the drain repaired immediately without charge to the Tenant.


Q8    Why Peak Property Letts?

OUR WORK: unlike Estate Agencies , our role as letting Agents means that our sole focus is upon renting out and managing your property. Thats all we do, rent and manage properties.

OUR EXPERIENCE: Established originally as P & G Letts over 20 years ago, we have a wealth of local knowledge and experience to offer about letting and managing property in the Peak District.

READY TENANTS: We maintain a waiting list of Tenants and will market your property to all relevant individuals who match your requirements.

THE X-FACTOR : In short, we know what works ! We have a balance of being friendly, approachable and efficient 

IMPORTANT NOTE:-

This Landlord's quiz and the above answers are NOT intended to be professional of legal advice to Landlords or any other person.  Although the information above is given in good faith,  situations relating to Tenancies  can be complex  and issues must be evaluated on a case by case basis. Peak Property Letts Ltd accept no liability whatsoever for the above or the way that this information is used. This information must not be relied upon and you should obtain your own advice from professional advisers if you have a landlord and Tenant matter that you are unsure of.

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