Tenants refusing access for viewing, inspections or repairs
Tenants do have a right to refuse access for inspection, viewings and repairs. You do not have the right to access with keys if the tenant refuses. Our advice is to work with the tenants own availability as much as possible, keep detailed records of your attempts to gain access and the reasons tenants refused. You could write to tenants advising them of the risks of not allowing access for safety inspection such as annual gas cert or for repairs.
Can I issue a section 13 after a section 21
There is no legal reason why you can't issue a section 13 to increase the rent after issuing a section 21, but it is worth being mindful that some judges frown upon this practice because the s21 indicates a want to end the tenancy whereas the s13 indicates a want to continue. This contradiction has lead to some judges rejecting the s21 at court.
Tenant hasn't left after s21 expires, can we change the locks
No, a section 21 isn't an eviction, it is simply the start of the possession process. Tenants legally do not have to leave until the bailiffs arrive.
Can I issue section 8 and section 21 together
Yes, you can issue both notices together as long as you have grounds for the section 8 and the correct compliance and timeline for s21.
What reasons can I issue a section 21
None, a section 21 is commonly known as a no fault notice, this is because the tenant has done nothing wrong - the landlord simply wants possession.
Right to rent checks, who do I need to check
Everyone who is 18 or over that will be living in the property, whether as a tenant or permitted occupier. Right to rent checks must be carried out on all nationalities including British citizens and those born in the UK.
When can a Holding Deposit be withheld
The 1 week holding deposit can only be withheld for a limited number of reasons:
- The tenant provides false or misleading information
- Fails a Right to Rent check
- Tenant withdraws from a property
- Tenant fails to take all reasonable steps to enter into a tenancy agreement
How do I handle a dispute over deductions from a tenant's deposit?
Make sure you have detailed inventory and check in reports to compare against the check out report - photos are better than just a worded explanation of condition. Set out to the tenant what is being deducted and why, being mindful of fair wear and tear. Return any amount of the deposit which is not in dispute. Use the Deposit protection adjudication service if you can't reach a quick resolution with the tenant.
If a tenant leaves belongings behind after moving out, what am I legally allowed to do with them?
In the first instance contact the tenant and see if they still want the items, if not then you can dispose of them. If you can't get hold of the tenant, then you will need to post a Tort Notice on the property and send one to the tenant (by email is fine). This will give the tenant 14 days to arrange to collect their possessions after which time they can be disposed of or sold if there is rent owed. We have a Tort Notice template in our members area.
How long should I keep a tenant's data after they vacate
All data relating to the tenant and the tenancy should be kept for 12 months after the tenancy has ended.
Renters Rights Bill - FAQ
Will Section 21 evictions be abolished?
Yes, the Bill removes 'no-fault' evictions, meaning landlords must provide a valid reason using the section 8 process to regain possession of their property.
Will landlords be able to evict if they want to sell?
Yes, the Bill introduces a new ground under section 8, Ground 1A, this will allow landlords to sell if they wish to sell the property - this ground does come with some restrictions though.
Will the Bill take effect immediately?
Yes, as soon as the Bill becomes law, the new rules will effect all new and existing tenancies immediately, there will be no transition period.
Will there be a cap on rent increases?
No, there will not be a cap on how much a landlord can increase the rent, however, any proposed rent increase must be in line with 'Market rent'.
What is Market rent and how do you calculate it?
Market rent is an estimated amount that the property is listed for rent. It will take into account impacting factors such as:
- Location, size, and condition
- Utilities and furniture
- Amenities (parking, gym, etc.)
- Supply and demand
- Location trends and overall economy
Will we have to pay back rent taken in advance before RRB?
No, any advance rent taken before the Renters Rights Bill comes into force will not have to be repaid. But once the advance rent has been used up, all future rents will only be paid monthly.
Will student lets be affected by RRB?
Yes, but only if they rent in the private sector. Tenants renting directly from the university in Purpose Built Student Accommodation will be exempt from most (but not all) of the changes.
Will landlords be forced to accept pets?
No, landlords can still advertise "No Pets" and opt to refuse applicants who have pets. However, once the tenant moves in they will have the right to request a pet in writing, and the landlord will only be able to refuse with a reasonable reason.
Will we have to issue new tenancy agreements?
No, new tenancy agreements will not have to be issued, but you will need to issue a written statement to tenants within 1 month of RRB coming into effect. This will explain the difference between the existing AST and the new Periodic assured tenancy. The Government will provide a template for this.
Do landlords have to be a member of the new Database and Ombudsman if they use an agent that is a member of PRS or TPO?
Yes, it will be a legal requirement for landlords to be a member of both the database and the new ombudsman. These are different to the existing Property Redress Scheme and The Property Ombudsman. Failure to be a member will mean the landlord cannot let a property.