Category Tenant

Empty rental properties can be a problem for a wide range of reasons; when they are sitting dormant, the landlord isn’t receiving an income for one thing, but there are other issues to consider. One is mould and damp, another is pests such as rats and mice, and of course, there is always the risk of break-ins, vandalism, and – in rare cases – squatters. 

Yet something a landlord might not have considered when it comes to their empty rental properties is the challenge of legionella. This serious health hazard is undetectable to the naked eye; you can’t smell it, you won’t notice it at all until it causes a tenant or visitor to become unwell, potentially fatally so. 

What Is Legionella? 

Legionella is a type of bacteria that, when inhaled, can lead to legionnaires’ disease, a lung condition similar to pneumonia. Legionnaires’ disease affects the respiratory system, and, as we’ve mentioned, it can be a fatal illness, especially since it is often confused for flu at first, and medical help is not received quickly. 

Most legionella outbreaks don’t occur in empty rental properties or occupied ones, come to that. They occur in poorly maintained cooling towers, cold water storage tanks, showers, hot water calorifiers, etc. This is because the water within these storage vessels often sits for some time at the right temperature (between 20 and 50 degrees C) for legionella bacteria to proliferate. 

However, if your empty rental property has a cold water storage tank, that too can become a place for legionella bacteria to thrive. When a tenant moves in and turns on a tap or shower or uses the garden hose, if they inhale any droplets of water containing legionella, they could become unwell. 

As an important matter of note, drinking water that contains legionella is not harmful; legionella must enter the lungs to cause any health issues. 

How To Control Legionella In Empty Rental Properties 

Temperature is the first defence against legionella bacteria. If you have a cold water storage tank, the water within it must be kept at lower than 20 degrees C if possible. If hot water is stored in a calorifier or Megaflow or similar, it must be stored at over 50 degrees C. 

On top of this, legionella bacteria grows when it can live on stagnant water, rust, and other debris. When the house is occupied, assuming the cold water storage tank is the right size for the property, then the water within the tank will be turned over every few days, meaning there is no chance for it to stagnate. If you have empty rental properties, it’s a good idea to run the taps once a week or so to empty the tank and reduce the risk of legionella growing. 

On the subject of rust and debris, the tank must be in good condition. If it is old and degraded, legionella is much more likely to occur. If there is no lid, or the lid is ill-fitting, it is much more likely to occur. As a conscientious landlord, if the tank in your empty rental property needs to be replaced, now is the time to do it before any vulnerable tenants move in. 

Showerheads are another cause for concern. Since legionella bacteria must be inhaled for it to cause damage to the lungs, and since showerheads produce a spray that someone can easily inhale, they need to be cleaned regularly. As ever, when the property is occupied, this is not an issue – the tenants will clean the showerhead or at least use the shower enough for it not to harbour any stagnant water. When you have empty rental properties, this is not the case. Before a tenant moves in, flush the showerhead through and clean it with a strong solution to ensure it is entirely descaled. 

Risk Assessment 

A legionella risk assessment is mandatory when you are renting out your property. You can do this yourself, although if you’re unsure about whether or not your empty rental property is at risk of legionella bacteria and potentially causing harm to the tenant or a tenant’s visitor, it’s a good idea to get a risk assessment carried out by an expert. Looksy Inventories can do this for you, so contact us today to find out more. 

Since 2008, the number of properties sold with sitting tenants has quadrupled, and that figure accounts for about 11 percent of all rental properties. So what does this mean? And if you are thinking of buying a rental property with sitting tenants, what should you be considering? Read on to find out more.

A Property With Sitting Tenants Is Good News All Round

The first thing to take note of is that this is a good thing all round. If a property with sitting tenants is bought by a landlord, that means the tenants can remain in their home, and the landlord doesn’t have to spend any time or money searching for new tenants for the property. Everyone wins.

That doesn’t mean, though, that there aren’t some important things to consider when you are buying a property with sitting tenants. It might be the easiest option of all when it comes to starting your landlord journey – or adding to your portfolio – but in order for the entire thing to go smoothly, you need to do your research too. Don’t just assume that all is well.

Inventory

When you are buying a property with sitting tenants you’ll want to see the inventory that was carried out when they moved in. 25 percent of all tenants sign a lease that lasts for two or more years, and the longer tenants are in a property, the more potential there is for damage to have occurred.

The inventory is the ideal tool to make sure that, when you inspect the property before buying it, it is all how it is meant to be, bearing in mind how wear and tear will affect the look of a property too. This will give you a good idea about how the tenants are treating the property and how much you might have to spend when the tenancy is up. If that cost is going to outweigh the cost of buying an empty property and finding a new tenant, it’s not worth the risk.

And make sure to see any copies of the mid-term inspections that should have been carried out. Again, you’ll be able to see exactly what’s happening and have all the information this way to allow you to make an informed decision.

Referencing

It might surprise you to know that, as a new landlord, you have the right to run checks on the sitting tenant of the property you buy. You can’t charge them for the work, of course, but it’s worth doing a check for your own peace of mind. You’ll want to know that they are exactly who they say they are and that they have the right to reside in the UK. This is crucial since you’ll need to comply with the immigration right to rent legislation.

Anything could have changed between the original tenancy starting and you taking over, and since you’ll be responsible for ensuring that your tenants are living here legally, you must check this out.

Deposit Protection

Make sure you have proof that this has been carried out correctly by the previous landlord, including serving the paperwork to the tenant. It wouldn’t hurt to have written confirmation that this has been carried out too directly from the tenant, as an extra safety net.

Rent Guarantee Insurance

Because you haven’t hand-picked this tenant from the start you have no idea whether they are a good tenant or not, so obtaining rent guarantee insurance would be a good idea.

When tenants leave things behind, we’ve already seen that it can cause a number of problems for the landlord, and there are various steps they have to take to comply with the law (even if that does mean they are out of pocket or inconvenienced in some way).

Our first post on the subject of what happens when tenants leave things behind focused on those steps and explained in detail just what the landlord has to do before they can think about returning a deposit (or not), or disposing of any unwanted ‘junk’ or furniture or anything else that has been left by the previous tenant. This post is about what else can be done, and what other questions a landlord might have when tenants leave things behind.

Is There Anything Else I Can Do?

Being stuck in a situation where tenants leave things behind is annoying at best and disastrous at worst; it can mean that you have to delay re-renting your property, and you may even have to pay for storage or disposal (although this can be claimed back through the deposit, of course). In any case, no matter what, when tenants leave things behind they are going to be giving you a lot more to deal with that you need to, especially when you’re trying to find new tenants for the property.

Something that might speed up the process and give your tenants some momentum and impetus to actually remove their possessions without you having to get involved is the idea that, if they haven’t taken everything away, then they haven’t given ‘vacant possession’, and that means they can be liable to continue paying rent until such time as the items are dealt with. Although this usually applies in commercial leases, it could be just what you need to persuade the tenants to make a decision about their old stuff more quickly. Mention it before they move out, and those it will be a rarer event for tenants to leave things behind.

Negotiate

Not everyone leaves things behind on purpose, especially smaller items. However, coming back to retrieve them might not be possible if they have moved far away, are unwell, or anything else that might prevent them from returning. In this case, a negotiation might be a useful tactic.

If you understand their situation, and they are willing to discuss the matter, it might be possible to arrange for a third party to collect the items, for example. It would mean you or your representative would need to be around to let the collector in, so of course you might find it easier to arrange all of this (although the cost would be the tenant’s responsibility).

If you’re having a lot of trouble reaching a fair result, it’s best to reach out to TDS or MyDeposits for advice.

Duty Of Care

When tenants leave things behind, any landlord might assume that, if the tenant expresses they no longer want the items and the landlord can dispose of them, that instead they can simply leave them in the property for the next tenant. However, although this does seem to be a potentially sensible idea (again, depending on what the items are), there are some things to take into consideration at this point.

Firstly, does the furniture come with a fire safety label? Have the electrics had a PAT test? If not, you’ll need to get them inspected and approved – and you’ll have to do it regularly too (PAT testing needs to be carried out every five years).

Secondly, if you leave the items in the property and include them on your inventory as already being there, they are your responsibility. So although it might seem like a great thing if a tenant leaves behind a fridge freezer or dishwasher, for example, because new tenants aren’t going to have to pay out for their own, if something goes wrong you are responsible for fixing it. Often it can be easier not to have any furnishings or appliances in a property as there will be less for you to worry about.

If you want to use the items when tenants leave things behind – and you have permission to do so – then you can ask for them to be included on your tenancy agreement as a ‘gifted’ item. This essentially means that the tenant can use them, but you aren’t responsible for them. And, at the end of the tenancy, the tenant can take them with them. In fact, the tenant should take them with them otherwise the landlord will be in the same situation they were in before!

How To Prevent A Situation In Which Tenants Leave Things Behind

As we’ve said, mistakes happen, especially when moving the moving day is a stressful one and there are a million and one other things to consider. In this case, the issue of when tenants leave things behind is easily rectified. However, some landlords will have had major issues leading to major headaches in this situation, and they won’t want to go through it again. Although it’s never going to be possible to prevent it from happening entirely, there are some measures you can put in place to give you a fighting chance.

1. Referencing your tenants will let you know how they treated their last rented property. Did they leave it in a good state? This is important to know.
2. Include, in very simple terms, exactly what will happen if a tenant leaves any items behind. Make sure the tenant is aware of this clause before they sign the agreement.
3. Regular inspections can be useful too. The landlord will get a feel for how the tenant is taking care of their property, and the tenant will know that the landlord is keeping an eye on things (not in an obtrusive way, of course!). Plus these inspections will help both parties get to know one another. They’ll be less likely to leave things if they know the landlord better.
4. Once the tenant has given notice, ensure you write back to let them know you have received that notice, and to remind them of their responsibilities when they leave. Let them know there will be a check-out carried out too.

When you have a check-out report done at the end of a tenancy, it should be compared with the inventory done at the start of the tenancy, and it is going to highlight anything that is in the property that wasn’t there before; in other words, it’s going to highlight things tenants leave behind.

From large pieces of furniture to bags of rubbish to lost socks in the dryer, anything and everything that is in the property has to be catalogued.

Yet if there are things tenants leave behind (and it happens in around 52 percent of properties), what is a landlord supposed to do about them? It’s an annoyance at the very least, and if the landlord is searching for new tenants, it becomes even more of a problem. Those things tenants leave behind just shouldn’t be there, but since they don’t belong to the landlord, can they remove them? Dispose of them? Sell them? Read on to find out more.

Steps To Take With The Things Tenants Leave Behind

The very first thing to do – the first thing that you should do in any kind of dispute or area of concern, in fact – is to check the tenancy agreement. Ideally you will have a clause within that document that tells you exactly what you can and can’t do with the possessions and rubbish that have been left behind by tenants.

Remember; these clauses will need to be fair and they will need to be in line with the law. If you yourself have added a clause like this (or any clause) to the tenancy agreement, it’s best to get it checked over by a professional to ensure that you’re not going to have problems if you try to enact it.

What If There Is No Clause?

Not all rental agreements are going to include a clause about what to do with the things tenants leave behind – check yours now; if it doesn’t, it’s wise to add one, just to be on the safe side. Plus it will serve as a reminder for your tenants that they aren’t meant to be leaving anything of their behind when they do move out.

The main clause in a tenancy agreement will state that the property needs to be left in the same condition (or better) as it was when the tenant moved in. This is an easy clause to understand if the tenant has taken something away; a claim can be made on the deposit. But if they have added something, it’s much more difficult to work out.

In essence, the landlord becomes the ‘involuntary bailer’ for the things tenants leave behind, and it is their job to take care of those items. This is the law in the UK, but it’s a huge pain for any landlord, and they’re not going to want the hassle of dealing with it. Yet, without a clause written into the agreement, that’s exactly what they’ll have to do.

How To Act As An Involuntary Bailer

The landlord is going to want to deal with the issue of the things tenants leave behind as soon as possible once they have become the involuntary bailer. Here are the steps to take

Contact The Tenant

The first thing you will need to do about the things tenants leave behind is to contact the owner of those things. Find out what they want you to do with them. If they say you should dispose of them, get this request in writing, and ensure they know you’ll be charging them for the cost of that disposal – it can be taken from the deposit.

If the tenant chooses to come and take the items, you must let them. However, it’s a good idea to accompany them into the property.

Protect From Damage

Until such time as the tenant or their representative can collect the items, it is the landlord’s duty to protect them from damage. They might be things tenants leave behind, but you still need to ensure they are kept safe (even if they are going to be disposed of).

Take photographs of everything; this is your proof that all was well when you found the items. Also make a detailed list of everything that was left.

This can be an arduous task, and it’s what a check-out inventory is for, so even if you hadn’t considered needing one before, it would save you a lot of time and hassle to get one done now.

How Long Do You Have To Take Care Of Things Tenants Leave Behind?

This is a great question. The law says that you need to take care of things tenants leave behind for ‘a reasonable time’, but that is so vague as to be useless. In most cases, 21 days is a sensible time frame – that should give the tenant enough time to either let you know they want you to get rid of it all, or to come and get the stuff themselves.

After this ‘reasonable time’, the landlord can dispose of the items without permission. They can also sell them if they want to, but any funds that come from a sale like this will technically – legally, in fact – belong to the tenant for up to six years after the sale.

If you are intending to dispose or sell the things tenants leave behind because you haven’t had a response from your efforts at contact, you need to give written notice to the tenant telling them exactly what you intend to do. You are legally obliged to return the deposit within 30 days from the move out date. Giving a notice of 21 days for the collection of the items gives you up to a week to claim your loses if you move fast.

Legally the document to refer to is the Torts (Interference with Goods) Act 1977. The notice must contain the following:

1.         Date of the notice

2.         The Bailor’s (tenants) name and other details if you have any

3.         The Bailee’s (landlords) name and address

4.         Your intention to dispose or sell the items if the tenant fails to collect them within the notice period

5.         The list and reasonable level of description of the items in question

6.         Instruction about how they can collect the belongings

7.         If you intend to sell, you must include the date and place of the sale. Also include that if items are sold cost for storage and selling fees will be deducted.

8.         Specify the amount, if any, which is payable by the bailor to the bailee in respect of the goods, and which became due before the giving of the notice.

What Else?

These are the first steps to take once you have had a check-out inventory and discovered that there are things tenants leave behind in your property. Part two will be out soon which will have some more specific examples of what else you might be able to do.

In the meantime, if you need any advice or assistance, please don’t hesitate to contact Looksy Inventories.

Whether you’re a landlord or a tenant, the specifics of your lease are there to protect you, therefore it’s essential to recognise what a break clause is and just how it might be used – if you need to.

If a break clause is added to a lease, it means that either party – landlord or tenant – can end the lease early should they wish to. It might be that a tenant wants to renegotiate their lease and they use the break clause to do it, or it could be that the landlord isn’t happy with the tenant (perhaps due to complaints or late payments) and decides it’s easier to break the lease than continue with it.

The Lettings Industry

With more emphasis being put on helping people to buy property, the letting market isn’t what it used to be, and landlords are often feeling progressively anxious. When this is in addition to tenants feeling the touch of difficult economic problems, it’s not surprising the break clause has been invoked a lot more recently.

Remember that even with a break clause, there might be conditions that either party has to go through before they can be successful in breaking the lease without penalty.

Serving The Break Clause

All clauses will vary, and if you want to use yours, you will need to establish exactly how the notice should be served. Check the lease and, if you have one, check with your letting agent – getting this right will avoid any nasty confrontations and it will save you money too because if you break the lease in the wrong way, you could be liable for the rent that’s due.

It’s wise for landlords to check in with their tenants on a regular basis. After all, knowing that there’s a problem and pre-emtping any request to leave can put you in a stronger position to either agree to new terms or fix the issues and stick with the original price or other terms.

When To Deliver The Break Clause

The choice of when you should use the break clause is going to depend on several variables. This might be after a particular time period has elapsed and there might be specified dates when it is able to take place. It’s crucial that this is completely crystal clear in the conditions of the lease.

Tenants must understand the dates specified in the clause and also aim to discuss the options no less than a year prior to the notice period commences. If you’re uncertain of the dates on the break clause, you need to find clarification. Don’t do anything at the last second, as any plans you make might fall apart if the break clause isn’t what you thought it was or can’t be used for some reason.

As a landlord, a greater connection with the tenant is going to allow you to foresee whether a rent increase will mean they invoke the break clause, and therefore provides the opportunity to decide whether to invoke the increase. This can be a big reason why many tenants decide to leave.

The Problems Of A Break Clause

All tenants should make sure to pay any outstanding bills and rent up to the break clause. If anything is left outstanding, they might find it is taken out of their deposit, and that can lead to issues if they were expecting to use that money for something else. Remember, just because you decide to invoke the clause, that doesn’t mean your responsibilities are ended.

Landlords and tenants alike have to be careful when it comes to changing the locks on a rented property. Although the landlord might own the property (or at least have a mortgage on it) they are renting out, they have to aware that this is someone’s home, and that the person living there has a right to feel safe and secure. Tenants are, in fact, granted a ‘right for quiet enjoyment of their rented property’.

Equally, although the tenant lives in the property and calls it home, they have to understand that, ultimately, it belongs to someone else, and that someone else – the landlord – must be in control of the property.

This means that, apart from in a few situations and usually with the tenant’s permission, the landlord can’t change the locks in the property and vice versa.

So just when can the landlord or tenant get away with changing the locks on a rented property? Read on to find out.

Changing The Locks On A Rented Property Between Tenants

The ideal time for a landlord to carry out changing the locks on a rented property is in between tenants. Despite the fact that the rental agreement may well have said that no copies of keys should be made, it could be that this has happened, and that keys have been given to friends and family members, cleaners, contractors, or anyone else who might have needed to access the property when the tenant wasn’t home.

The fact that the tenant has moved out should mean that none of these people need to use the keys anymore, and ideally they will either be handed to the letting agent or inventory clerk at check out, or disposed of.

Yet sometimes this doesn’t happen. And to be on the safe side, and to ensure your new tenants are completely safe and secure, it’s a good idea to change the locks. Everyone’s happy, there can be no issues, and you have control over how many keys there are again (for now, at least).

Changing The Locks On A Rented Property If Keys Are Lost

What should a landlord do if a tenant loses their key and can’t get into the house? In most cases, they don’t need to do anything – the tenant will need to fork out for a new lock and they will also need to inform the landlord. Sometimes this just can’t be helped; if the tenant needs to get inside because they’ve lost their key or locked themselves out and they’ve exhausted all other options, there is nothing else to be done.

In this case, it will be down to the tenant to organise changing the locks on a rented property, and they will need to pay for it too.

What If There Has Been A Break In?

If someone has broken into a property changing the locks should be a priority. The lock itself might be damaged so that the property is longer secure, or the thieves might have stolen keys (or have a key) enabling them to return… either way, changing the locks on a rented property if there has been a break in is essential.

But who is responsible?

Well, this one is going to depend on the circumstances. If the lock or door was damaged during the burglary, it is most likely to be the landlord’s responsibility to fix the damage and change the lock at the same time – and this is probably going to be covered by insurance. If there was no damage (or if the door had been left unlocked, for example), it is probably down to the tenant to deal with.

This is why it’s important to have a good relationship between the tenant and the landlord so that, should any issues occur, they can quickly be discussed and a course of action decided on.