New "How to Rent Guide"

[Grampa]

Be advised the Government have brought out a new "How to rent" Guide today. Make sure any new tenancies/renewals  have this version attached and to be safe even if you have any periodic tenancies get a copy to your tenants and it documented that it has been received.

Failure to do so will invalidate any eviction court action in the same way as not protecting deposit.   https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/942503/6.6642_MHCLG_How_to_Rent_v5.pdf

[Carryon Regardless]

Blimey that's changed a bit.

Thanks Grampa.

I see one subtle change in that previously in my Tenancy Pack I would provide a link to the electronic version of the booklet, and thought that met with the requirement.

My tenancy packs are signed to demonstrate accepted receipt of listed contents.

I now see we can provide by email as a PDF, if the T agrees. So by the time we have demonstrated that agreement we might as well  use up some paper and post it, although the evidence of that becomes ambiguous. Our fault again in the event.

Our failure come a repossession claim is less of a concern as these days I'm not sure how we carry out a successful repossession claim. There are just too many traps for us to fall into. The cost of the failed claim becomes an added insult.

 

[Richlist]

You could always sell up, pay a massive CGT bill, invest the equity .....then you really will have something to moan about.... half a million pounds @ 0.3% = £1500 a year .....then it's taxed.

Cheer up.....Xmas will soon be over.

 

 

[Melboy]

Thanks Grampa.  👍

[Windy Whistle]

Hello,

We are new to being in renting property business.

Quick question, do we need to provide handrails on stairs by law please?

Thank you

 

[Richlist]

If you are letting on an Assured Shorthold Tenancy (AST) = No

[Windy Whistle]

Thank you.

[Grampa]

The question to ask is "should it have hand rails or were hand rails originaly fitted"? If someone had a acident could they reasonably  argue an injury was exacerbated due to them not being fitted?  

Just playing devils advocate. 

[Richlist]

Yes Grandpa is right.

You do of course have a duty of care to ensure your property is safe for tenants and you shouldn't let it in an unsafe condition.......BUT......that's not the question you asked.

Are you aware of all the legal and quasi legal requirements for letting residential property ? It is a rather long list.

[Carryon Regardless]

and breeding longer every week.

[Windy Whistle]

I agree with you all. We have a duty of care. I am renting the property as Company Let.

The company have checked the property, they were happy with everything, tenant moved in, then the company contacted me and said there is no handrails, by law we should have handrails on the stairs.

I wasn’t aware that handrails were compulsory, but they should’ve made sure before they put the tenant in if the property was ok. 

[Carryon Regardless]

I wouldn't know the regulations. It won't be law.

Often regs are retrospective, so a property is feasibly up to standard if things are up to the standard of the date of install.

I would be tempted to ring the local building control and ask 'em.

[Melboy]

To the best of my knowledge handrails on elevated stairs are a requirement under building regulations.

Makes sense to me to have them fitted. The last thing you want is a tenant taking legal action against you after failing to arrest a trip fall on a stairway and claiming there was nothing to hold onto to stop that fall.

[Windy Whistle]

8 hours ago, Carryon Regardless said:

I wouldn't know the regulations. It won't be law.

Often regs are retrospective, so a property is feasibly up to standard if things are up to the standard of the date of install.

I would be tempted to ring the local building control and ask 'em.

Yes, I will be contacting building control, thank you.

[Richlist]

A Company Let is not an AST. Many landlords steer clear of Company Lets......they bring their own set of issues and are often not allowed by mortgage lender or insurers.......have you checked ?

There will be a whole list of current building control requirements that your property will not meet. That doesn't mean you are required to correct any of them 'by law'. 

But it's common sense to ensure your property meets basic safety requirements in order comply with your duty of care.

Should the Company have raised the issue of no handrail before entering the contract ? Yes of course. But you are the owner and you are responsible for providing a safe property, not them, so you are both at fault

As a landlord you will find that there are often unexpected surprises that cost you a few hundred pounds, but the cost is tax deductable.

[Windy Whistle]

5 minutes ago, Richlist said:

A Company Let is not an AST. Many landlords steer clear of Company Lets......they bring their own set of issues and are often not allowed by mortgage lender or insurers.......have you checked ?

There will be a whole list of current building control requirements that your property will not meet. That doesn't mean you are required to correct any of them 'by law'. 

But it's common sense to ensure your property meets basic safety requirements in order comply with your duty of care.

Should the Company have raised the issue of no handrail before entering the contract ? Yes of course. But you are the owner and you are responsible for providing a safe property, not them, so you are both at fault

As a landlord you will find that there are often unexpected surprises that cost you a few hundred pounds, but the cost is tax deductable.

Absolutely agreed. I already offered the Company to move the tenant out until I sort the issue. They told me it's ok for tenant to reside in the property for the time being. This Company works with the Council and find rental properties for the vulnurable, so it could be more complicated.

[Grampa]

I know this isnt related to the the orginal question but have you checked your insurance and lender allow this type of tenancy otherwise you could find yourself uninsured at worst. Also if the company goes out of business you would have no details about the tenant(s). I have heard of many of these type of set ups ending very badly/costly for the landlord. 

[Windy Whistle]

On ‎12‎/‎17‎/‎2020 at 8:16 PM, Grampa said:

I know this isnt related to the the orginal question but have you checked your insurance and lender allow this type of tenancy otherwise you could find yourself uninsured at worst. Also if the company goes out of business you would have no details about the tenant(s). I have heard of many of these type of set ups ending very badly/costly for the landlord. 

Thank you, I will be checking that.