Archives October 2021

Landlords may be excused for being perplexed by the rules and legalities on access. The legislation makes them accountable for safety and maintenance and threatens them with severe fines if they do not comply. However, if they enter the property without authorisation, they can be sued for trespass and violating the tenant’s right to ‘quiet enjoyment.’ What does this mean?

Tenants’ Rights

Tenants have a right to ‘quiet enjoyment’ of the property under common law. This is an implicit provision, or covenant, that has been stated or inferred in English property conveyances and leases for centuries. This clause requires the landlord to allow the tenant to dwell in the property without excessive interference, that is, “without interruption of possession”.

‘Quiet enjoyment’ is a phrase that is often misused. In Jenkins v Jackson, a case from 1888, the court declared that the phrase ‘quiet’ in the covenant “does not imply undisturbed by noise.” When a tenant is in possession peacefully, it has nothing to do with loudness… ‘Peacefully and quietly’ means without interference.

In a nutshell, it means that the renter must be allowed to live in (or ‘enjoy’ in the old-fashioned sense of the term) the property without interference from the landlord or anybody acting on his behalf. This safeguards the renters’ interests.

Landlords’ Rights

Tenants, however, must allow landlords access. Both the Housing Act of 1988 and the Landlord and Tenant Act of 1985 require that every rental agreement include a condition or covenant stating that the tenant must provide reasonable access to the property for repairs to be carried out.

Landlords will, of course, want access to the property in order to do these repairs. In addition to access for repairs, the landlord has the right to inspect the property’s condition. The landlord or someone acting as the landlord’s agent may enter the property at any “reasonable time of day” but only after providing the tenant with at least 24 hours’ written notice.

Landlords should not claim any special privileges regarding how often and when a property may be accessed. Access to a leased property is difficult; for a renter, it is their private home, yet for a landlord, it is a precious asset that must be carefully managed. To make this work, some kind of agreement with the tenant is required. As a result, it’s not uncommon to hear of landlords being accused of trespassing on a leased property by disgruntled tenants.

Getting The Proper Balance

In general, there are two categories of tenants; those who give easy access to the property and appreciate having a proactive landlord who maintains the property and others who do not. The other categories stipulate that they must be present for any maintenance or inspection visits. As a landlord, you must assess the sort of renters you have and how to deal with them, as there is no perfect solution. Essentially, you must have a positive working relationship with your tenants.

Balancing tenants’ rights and landlords’ legal duties might be challenging, but it should be doable if addressed with mutual respect and practicality.

As a landlord, there are certain responsibilities that will come under your remit – you can’t simply rent out your property and wait for the money to come in. Although tenants will certainly have their own set of responsibilities, one of the benefits of renting (for the tenant) is that the landlord will deal with repairs and maintenance. 

In fact, if you’re budgeting in advance and you want to ensure you’re always going to be able to cover any repairs that need to be made to keep your property at its best and to keep your tenants happy, you’ll need to put aside around 10 percent of your rental income. You might not need to use it, but it’s far better to have it and not need it than need it and not have it. That’s all part of being a landlord. Read on to find out a little more about the kinds of maintenance and repairs that you may come across and have to deal with; the more you know, the more prepared you can be. 

Unexpected Repairs 

We’ve talked about landlords having to be prepared, putting away 10 percent of their rental income, responding quickly to requests from the tenant, but sometimes the unexpected happens, and although you might not have been waiting for these specific repairs to be needed, you’ll still have to deal with them. Some of the most common unexpected repairs will include kitchen appliances, heating and hot water, electrics, and plumbing. Essentially, anything that can happen without warning in your own home could happen without warning in your tenant’s home – be ready to spend out to get these issues fixed as soon as possible. 

Turn Costs 

Turn costs are something that you can absolutely prepare for in advance, and the longer you are a landlord, the more efficient – and cost-saving – you can be. Of course, these costs, the costs that you should expect to pay when a tenant moves out so that a new tenant can move in, will depend on how well the property was treated, but overall it’s wise to budget for new carpets (especially if the tenant was living there for over three years), changing the locks, and generally tidying the property up with a lick of paint. 

Damages 

The idea of a landlord having to pay for damages can be a controversial one. When a tenant leaves a property, some level of general wear and tear is allowed; after all, it’s hard to live anywhere and not make some mark on it in some way. Damages are anything that goes over and above this ‘fair wear and tear’ and could include holes left in walls, damages caused by pets, broken appliances, and so on. Although these damages are what a tenant’s deposit is for, and often the costs can be taken out of this deposit, sometimes there isn’t enough cash available, and sometimes it can be hard to get a decision from the authorities. In the meantime, you the landlord will have to pay out if you want the repairs to take place. 

General Maintenance For Building Code 

All properties have to be maintained up to a minimum building code that ensures they are safe places to live. Since a landlord has a duty of care towards their tenants, any maintenance issues that need to be carried out to ensure that this building code is adhered to must be dealt with quickly. This might include updating the electrics and making sure the heating and hot water are adequate. 

One of the biggest issues that comes with getting a divorce is what to do with the marital home. Sometimes one of the couple is able to keep it, but more often than not, due to either financial considerations or because no one wants to live there anymore, it’s best to sell it. That way, both parties can have a fresh start; it’s easier to do that with the money from the sale to help you, and the fact that you’re not immersed in old memories.

With that in mind, if you’re looking at how to sell your property after a divorce, we’ve got some helpful advice for you. Of course, each divorce is different, and how you go about things will differ too, but this will give you some idea about how to handle the sale. Read on to find out more.

Talk To Your Divorce Lawyer

The first thing to do when you want to put your marital property up for sale is to speak with your divorce lawyer. They will be able to help you determine when the right time to sell it – you may have to wait until the divorce is finalized, for example.

Since it is often the case that the proceeds from the sale will need to be split between spouses, coming to an agreement before any sale takes place is also a good idea. It will make the process much quicker and less problematic. Again, your divorce lawyer will be able to liaise with your ex-spouse’s lawyer if need be.

Make Some Improvements

Once you decide that you need or want to sell the house, you’ll want the process to happen quickly, allowing you both to move on with your lives as soon as possible. Having the property sitting on the market for months is disheartening, and could cause financial issues too – after all, at least one of you will be living elsewhere, and paying a mortgage as well as rent is difficult for most people, as is paying the entire mortgage when you were once paying half, or less.

Therefore, it’s wise to make some improvements to the property before you put it on the market to sell. The better the property looks, the sooner it will sell (and you might even get a little more money for it). Sometimes a fresh coat of paint, hiring a carpet cleaner, and tidying the yard is enough to make the difference.

Find A Good Real Estate Agent

To sell your old home quickly, it’s a good idea to find a great estate agent who can manage the process for you. You’ll have enough to think about without also having to deal with progressing the house sale or even showing prospective buyers around.

The agent will also be able to negotiate the best price for you, which will be helpful. If you give them the full details of why you’re selling, they will be able to find the best buyers and ensure you get a fair deal.