by Knick Knack

Created on: January 18, 2009   Last Updated: January 31, 2009

Having worked in residential lettings for a few years now I would confidently say that the most common landlord/tenant disputes would be rent arrears, property maintenance and deposit releases.

The first point I would like to make is that it is strongly advisable to ensure that tenants set up a standing order at the commencement of the tenancy to ensure payments are made on time. The standing order should leave the account three days prior to the rent due date as banks generally take three working days to transfer funds. The landlord should also make sure that the tenant is aware that the security deposit is not to cover rent arrears, but to cover the cost of any dilapidations that may arise at the end of the tenancy. This is a common misconception and should be made clear at the very start. Rent arrears are best dealt with by following procedures that should always be outlined within the tenancy agreement and I strongly advise that said agreement is read thoroughly by both parties before signing. It is also useful to read through the Housing Act to understand any sections referred to. In particular, one should have an understanding of a Section 8 notice, a Section 21 notice and Section 47 and 48 of the act, as these are the ones normally referred to. For Assured Shorthold Tenancies (AST's), where rent is less than 25,000 per annum, a tenant can be served a Section 8 notice under the Housing Act 1988 if they are two months overdue with rent payments. Under this notice, there are several grounds that the landlord can rely on when starting legal proceedings. With non-AST's, the route outlined in the Section 21 notice should be followed as a Section 8 is not applicable for these types of tenancies.

The second issue is property maintenance. By this I am referring to a landlords obligation to ensure that the property is habitable, i.e there is a heating and water supply at all times and that any problems that surface are dealt with in a timely manner. Also, the tenant must also ensure the property is well kept and that any damage caused is reported as soon as possible, so that the problem does not get worse over time and become more costly. It is imperative that both parties are able to contact eachother so email addresses and contact numbers should be exchanged at the commencement of the tenancy. If the property is looked after by an appointed managing agent, then their details should be made available on behalf of the landlord. The agent/landlord is likely to keep

• 1
• 2
• Next Page >>