Law and order

28 October 2016
Volume 31 · Issue 6

Here, Harry Singh explores a few of the more significant legal issues when it comes to being a law abiding and responsible landlord.

After qualifying from Leeds Dental School in 1996, Harry Singh followed the traditional VT, associate and principal routes in dentistry, owning three dental practices along the way.
 
Like most dentists, Harry was making good money. However, it left him working long hours and missing out in his personal life. Even when Harry was away from the practice, he found himself thinking about patient emergencies or complaints, as well as staff issues.
 
Harry sought to make a change so, as well as practising dentistry, he started to invest in property and he stumbled upon some professional property secrets that helped to develop his business interests.  
 
Over a two year period Harry bought 27 properties and sold six. The profits from these deals allowed him to buy into dental practices and set up two squat practices. 
 
The passive income that these properties brought in covered all of his financial commitments, enabling him to reduce his clinical dentistry hours and to spend more time with his family and on himself. 
 
Eventually, he found that he was making more money from property and practising dentistry two days a week, rather than full time. Two years ago, he retired from dentistry to concentrate on the property side of his work. 
 
Understanding that many dentists feel as isolated and trapped as he did, Harry wants to ‘give something back’ to his dental colleagues via the Dental Property Club, which is designed to share with members the information, expertise and knowledge he has gathered along the way...
 
“An American politician, Ed Lee, was once quoted as saying, ‘I used to brag that I can hold up any eviction. Even if the landlord had legal rights, I could hold it up for a year.’ That concept drives me up the wall because, sadly, it’s not far off the mark for many landlords in the UK, too.
 
“I say that with one caveat – I know that there are bad landlords out there and the law – to some extent – is biased towards the tenant in order to protect them from unscrupulous property owners. But if you are an ethical landlord and you make a mistake in choosing who you rent to, it can spell disaster as you fight within the parameters of the law to get what you’re owed and get them out!
 
“But it’s not all gloom and doom when it comes to the law, of course. I welcome the rules and regulations that ensure the property is safe and maintained. After all, apart from the fact that I want to provide a nice place to live, consistent upkeep makes sure the property remains in good condition through the years, making things easier when and if it comes time to sell.”
 
So what kind of responsibilities does the landlord in England and Wales have? (NB – the law is different in Northern Ireland and Scotland.)
 

The right to rent

“The first thing you have to do if you think you’ve found a tenant is to check they have a right to rent property in the UK. As part of this, you need to see an original, appropriate document for the tenants in their presence, such as a UK passport, EEA passport, a certificate of naturalisation or registration as a British citizen, or a UK immigration status document endorsed with unlimited leave (visit www.gov.uk  for a comprehensive list of acceptable documents). You must ask all potential tenants for this documentation, even if it’s your granny, to avoid any risk of being accused of discrimination. You then need to make copies of these documents and hold them on file alongside a note of the date upon which you made the check.
 
Let’s now imagine you’ve done all the background checks, including ascertaining the tenants’ credit history and references from previous landlords. Next you need to secure a deposit from them, the possession of which also has legal requirements attached to it. In England and Wales, if you are renting out a home on an assured shorthold tenancy, you must place any deposit in a government backed tenancy deposit scheme.
 
Once you have the deposit, as the landlord you have 30 days to give the tenant a whole bunch of information, including the name and contact details of the tenancy deposit protection scheme and its dispute resolution service, and why you might keep some or all of it back. (See www.gov.uk for the full list, which it is imperative you follow.)
 
Let’s now assume all has gone well and you allow them to move in under a tenancy agreement. The day to day responsibilities of being a landlord then immediately kick in.
 

Everyday essentials

As a landlord, you are always responsible for things like: 
• The building’s structure and exterior
• Sanitary fittings (sinks, baths, etc.), including pipes and drains
• Heating and hot water
• Any damage you (or your agent) cause when attempting repairs
• Electrics
• Gas appliances, pipes, flues and ventilation.
 
 
While on the subject of utilities, gas, electrical and fire safety are key responsibilities for the landlord. What is needed can vary according to the property type (for example, houses in multiple occupation versus single family dwellings), so I would once again recommend visiting www.gov.uk for a detailed description of how to get things right, or consult an expert in the field. 
 

Finding your way out

Evicting bad tenants can be a very difficult task and the cards are stacked against you. It can be done but it takes resilience and patience, and you cannot afford to put one foot wrong. There are many facets to this depending on why you want to evict your tenant, the kind of tenancy they hold and what you want to achieve. 
 
As a snapshot of what you potentially face, you may need to meet the obligations of one or more of the following:
• Section 21
• Section 8
• Standard possession order
• Accelerated possession order
• Possession hearings
• Use of bailiffs.
 
 
Taking one example, In England and Wales, if you want your tenant out and you have a written assured shorthold tenancy that runs week by week or month by month with no fixed end date you may be able to issue a Section 21 notice to quit. For it to be valid you must also have protected their deposit in a government authorised scheme within a set time and given them the required information about how the scheme works. If you have a fixed term agreement, you can only serve a section 21 notice if the agreement makes provision for it. 
 
A Section 21 notice has to provide the tenants with at least two months’ notice to leave the property. The exact form of this notice can vary but it must be in writing, and must specify the date of required possession. It is easy to get the date wrong, in which case you won’t manage to take possession at that time, so calculate carefully. You can buy an eForm Section 21 notice valid in England and Wales online from websites such as www.whsmithlawstore.co.uk, which at just over £10 at the time of writing, offers good value to help you get everything right if you choose to proceed without professional help.
 

A team approach

After reading all of this you may feel trepidation at the idea of becoming a landlord but truthfully it  can be very rewarding – but you do need to know what you’re doing or you run the risk not only of breaking the law but also suffering financially.
 
The content of this article is for information purposes only and should not be relied upon when making business or legal decisions. I do recommend landlords – especially those newer to the game – surround themselves with an experienced, trustworthy team including but not necessarily limited to a solicitor, letting agent and bailiff. My final words of advice are these – only take action once you are completely sure you know what you are doing.