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Private landlords

Introduction

A landlord has the right to:

• decide the conditions of the tenancy;
• charge a market rent on new tenancies;
• receive rent when due from the tenant;
• be informed of disrepair;
• inspect a property for disrepair after giving proper written notice;
• be given proper notice when a tenant wishes to leave.

A landlord is expected to:

• ensure the tenants know their name and contact details or that of the managing agent;
• deliver a decent standard of safety and repair;
• give a rent book if tenants are paying weekly or give a receipt for payment;
• give a legal notice to quit if they wish to repossess a property.

Calderdale Council operates a landlord accreditation scheme. The Fair and Safe Tenancies (FAST) Landlord Registration Scheme is a voluntary property registration scheme to recognise and reward good practice and encourage responsible landlords in Calderdale.

Pre-tenancy checks

A landlord should:

• make sure they are available for viewings.
• make an Energy Performance Certificate| (EPC) available for potential tenants and provide one for your new tenant. The EPC details the energy performance of the property. The certificate must be provided by an approved assessor.
• provide a tenant with a copy of the gas safety certificate, showing all appliances have been tested within the last 12 months by a Gas Safe| registered (formerly Corgi registered) engineer and are safe.
• ensure furniture complies with current fire safety regulations if it is a furnished letting. Sofas, mattresses, etc. should have a label indicating they comply. West Yorkshire Trading Standards Office| will provide further advice if needed.
• ensure that the electrical system in the property and any electrical equipment supplied are safe. This should be done by a qualified electrician.

Starting the tenancy

• Ideally the landlord and tenant should check and sign an inventory at the beginning of the tenancy so it is clear what furnishings have been provided.
• You should provide your tenant with written instructions or show them how to operate the heating system, washing machine, burglar alarm, etc.
• Check that the smoke alarm is working.
• Check that you have provided enough keys for the doors and window locks.
• You can buy standard tenancy agreements from stationary shops such as WH Smith. If necessary seek advice before drawing up a tenancy agreement. Contact Housing Options Service or contact a solicitor for further information.

The tenancy

The tenancy agreement is a legally binding contract setting out the rights and responsibilities of the landlords and tenants. As a general rule most new tenancies are assured shorthold tenancies. If your tenant moved in before February 1997 they may have greater security of tenure.

If you are unsure about the status of the tenancy agreement you should seek further advice.

Assured shorthold tenancies

There is no minimum or maximum term (most landlords offer a fixed term of a minimum of 6 months but you may offer a much longer period).

It is good practice to give a written tenancy agreement to be signed by all parties at the start of the tenancy. It should include the following:

• tenancy commencement date;
• amount of rent payable;
• when the rent is due;
• rent review date;
• length of tenancy.

Notice seeking possession

If you require possession of your property you must serve a legally valid notice in writing. The type of notice and time scale depend on why you are asking your tenants to move out.

Generally your tenant cannot give you notice to quit the tenancy before the end of the fixed term unless there is a clause in the agreement allowing them to do so or you agree to them breaking the agreement.

Your tenant can give one months' notice to expire at the end of the fixed term. Once the fixed term expires and no new fixed term has been agreed they can give one months' notice.

What do I do with the bond?

If you ask for a bond you must pay it in to a government authorised tenancy deposit protection scheme within 14 days. The aim of the scheme is to protect the tenant's money and to ensure that disputes are settled fairly at the end of the tenancy.

There are currently three schemes offering tenancy deposit protection:

• The Deposit Protection Service|
  telephone 0870 707 1707
• Tenancy Deposit Scheme|
  telephone 0845 226 7837
• mydeposits: Tenancy Deposit Protection for Landlords and Agents|
  telephone 0844 980 0290.

If you do not use one of these schemes to protect the bond the County Court can order you to do so. The County Court may also order you to pay three times the bond back to your tenant in way of compensation and punishment.

Failure to protect the bond will also restrict the reasons you can use to evict your tenant.

Rent

Once the rent has been agreed between you and your tenant it cannot be increased during the fixed term unless there is provision in the agreement.

A rent book must be provided if you are collecting the rent weekly. This can be bought from stationary shops such as WH Smith. It is advisable to give a receipt for any monies received by your tenant.

Local Housing Allowance and Council Tax Benefit

The Local Housing Allowance replaced Housing Benefit in April 2008. It is based on the size of the household, bedroom requirements and the area in which a person lives. Entitlement rules remain the same and are based on a person's income, savings and a proof of a valid tenancy.

The Local Housing Allowance is normally paid to the tenant to forward on to the landlord. In certain circumstances it is possible for the rent to be paid direct to the landlord. For more information contact the Benefit Assessment Unit on 0845 245 8000.

Repairs and maintenance

In most tenancies you are responsible for repairs and maintenance on:

• the structure and exterior of the property;
• sanitary installations such as baths and sinks;
• heating and hot water installations;
• if you are renting a flat or maisonette, other parts of the building or installations in it which you own or control and whose repair would affect your tenant.

You should agree with your tenant who is responsible for other repairs. You are not responsible for repairing damage caused by the tenant.

House in Multiple Occupation (HMO)

Under the Housing Act 2004 a HMO is a building (e.g. flat) which is occupied by more than one household and in which more than one household shares an amenity such as a bathroom, toilet or cooking facilities. This may include bedsits, some shared houses and some flats.

By law we must licence certain types of HMO. This licence is issued under the Traditional Additional Licensing Scheme.

Why is a licence needed?

HMOs can be particularly difficult to manage and present greater risks to occupants than houses occupied by single households. Therefore HMO licensing has been introduced by the Government to ensure those which present the greatest potential risk to tenants are closely regulated.

Issuing a licence to HMO landlords ensures their tenants have good standard accommodation as these properties have been inspected to ensure standards are maintained. Licensing also ensures tenants that their landlords will manage their buildings in an appropriate manner.

To find out if you need a HMO licence for your property and how to apply please contact Environmental Health Services regarding the  on 01422 392373.

Access to the property

From time to time you may need access to the property to carry out repairs and inspect the state of repair of the house. You are entitled to do so at reasonable times of the day. You must give 24 hours notice in writing of an inspection.

It is advisable to state in the tenancy agreements arrangements for entering the property, Please seek legal advice if the tenant will not give you access.

Where can I get advice?

• Further information and advice is available from the Housing Options Service:  Contact Housing Options Service
• Keep updated on events and services in Calderdale by joining the Council's Landlord Accreditation Scheme
• Join other landlord associations such as the National Landlords Association (NLA)|.

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