Data shows
that 20% of households in England rent their property from a private landlord
and private renters account for 30% of all households in London. Anyone renting
a property will know the importance of maintaining a good relationship with
your landlord, but unfortunately this isn’t always the case.
Issues can
arise on both sides, whether that’s a tenant who’s refusing to maintain the
property to a reasonable standard, or a landlord holding out on paying for
necessary repairs. It’s best for both parties if you can resolve these issues
early on, but there may be times when you need to involve a third party or even
take legal action. This can be stressful and expensive, so it’s important to
know your rights as either a tenant or a landlord if any disputes do arise.
With this in mind, see below for our guide to some of the most common landlord
and tenant issues, and ways they can be resolved.
Property repairs
Dilapidation
is the official term for repairs required during, or at the end of a lease, and
landlords will often arrange a dilapidation survey at the end of a tenancy.
This survey is often carried out by a professional building contractor and it’s
aim is to ensure the tenant has maintained the premises in line with the
conditions of their lease.
A schedule
of dilapidations lays out any repairs which need to be carried out before the
official end of the lease. If tenants leave a property in an unrepaired state
then they may be liable to pay damages to the landlord, equivalent to repair
costs and loss of rent. However, there may be cases where a landlord is being
unreasonable and asking for money for damages which existed prior to tenants
moving in. If tenants believe that their landlord's schedule of dilapidations
is unfair, you can seek help from a professional third party surveyor.
They’ll be able to carry out a survey
which is fair and realistic to both parties and ensure that repairs are settled
as soon as possible.
Rent increases
There are
laws surrounding rent increases in the private renting sector and a tenancy
agreement should include how and when the rent will be reviewed. For a periodic
tenancy (rolling on a week-by-week or month-by-month basis) your landlord
cannot normally increase the rent more than once a year without your agreement.
For a
fixed-term tenancy (running for a set period) your landlord can only increase
the rent if the tenant agrees. If they do not, then the rent cannot be
increased until the current tenancy ends. Landlords must also give a minimum of
one month’s notice for a rent increase (if rent is paid weekly or monthly), or
six month’s notice for a yearly tenancy.
As a general
rule, any rent increase must be fair and in line with average rent prices in
the local area. Landlords should also get permission from their tenants if they
plan on increasing the rent by more than previously agreed.
Keeping the property clean and tidy
Most tenancy
agreements outline a clause stating the tenant’s responsibility for keeping a
property clean and tidy. Landlords usually take photographs of the property
prior to the start of a new tenancy, to show the condition that the property
was in. Tenants should aim to leave the property in the same condition they
found it upon moving in, minus some reasonable wear and tear depending on how
long the lease was.
If the
property is left in an untidy or unclean condition then the landlord may
withhold some of the deposit to pay for professional cleaning services or
repairs. Tenants can choose to clean the property themselves or hire a
professional cleaning service, but either way it’s their responsibility.
Tenants should also keep the property in a reasonable clean and tidy state
during their tenancy, to reduce the chances of damage or pests such as mice.
If tenants
feel deductions to their deposit are unfair or if the landlord is refusing to
return any of the funds, then they can seek advice from a third party such as
Citizens Advice.
Garden maintenance
The issue of
garden maintenance is a slightly more grey area, as landlords and tenants may
have different ideas about how tidy any outdoor spaces should be. Tenants have
a responsibility to keep gardens in a safe condition and free from rubbish, but
many might not have the time or energy to keep a freshly manicured lawn all
year round.
One option
for landlords is to negotiate adding a professional gardener into the price of
the rent, or come to a private agreement with your tenants about the standards
you expect.
Pets
There are
currently around five million pets in the UK, many which belong to tenants
living in rented properties. Landlords have the legal right to decide whether
to allow pets in privately rented accommodation and this decision should be
included in the contract.
Some landlords
allow one type of animal over another (for example no dogs, but cats or rodents
are allowed), or you may make exceptions for service animals. If no pets is
clearly stated in the contract and the tenant is found in breach of this then
the landlord is within their rights to evict via the section 21 procedure.
Council tax
As a general
rule, if tenants are renting the entire property as an individual or as a joint
tenancy (e.g a couple or a family), then they will be liable to pay council
tax. However, if a landlord is renting a property to several tenants with
individual tenancy agreements (such as students), then it’s the landlord’s
responsibility to pay council tax. Either way, council tax must be paid or you
could face legal action (as either a tenant or a landlord).
Subletting
In most
cases, tenants aren’t allowed to sublet a property unless it’s stated in the
contract. As a landlord, if you find that tenants are subletting the property
without your permission/in breach of the contract then you have a legal right
to evict them.
Property maintenance
It’s a
landlord’s responsibility to ensure that their property is maintained to a
standard that is safe and fit to live in. This includes basics such as hot
water and heating, and the property must be in a good structural condition with
adequate facilities and pipework. Landlords can be fined for renting out a
property that is unsafe or unfit to live in, so it’s vital to stay on top of
property maintenance.
Issues such
as damp or a broken boiler are a landlord’s responsibility to fix, however
tenants must also do their duty to ensure the property is maintained to a
reasonable standard. Tenants must ensure the property doesn’t fall into
disrepair by keeping it clean and tidy, properly ventilated and protected from
harm to the best of their ability. It’s also a tenant’s legal responsibility to
report any damages and request repairs from a landlord as soon as possible. You
can find out more about a landlord and tenant’s responsibilities regarding
property maintenance here.
Simon Levy Associates - Professional Chartered
Building Surveyors
If you’re in
the middle of a landlord or tenant dispute and need some expert third party
advice, get in touch with the team at Simon Levy Associates. We offer representation
on behalf of both tenants and landlords and can help you come to a resolution
that’s reasonable and fair. We offer a wide range of services, including
dilapidation surveys, building defect diagnosis, boundary wall disputes, party
wall matters and insurance claims.
Our surveyors work to the highest standards and
we’re also on hand to provide you with building evaluations, expert witnesses,
project management and lease plans. For more information about any of our
services or to arrange an appointment, give us a call today or
visit our website.
