Introducing Divi

Landlords Property Access

There is some ambiguity regarding our rights to access tenanted properties. The law is clear in that we must allow you "quiet enjoyment" of your property. However, there may be times when we need to gain access and under the terms of your tenancy agreement, we are allowed to do this. The following page explains your rights and our rights with respect to accessing the property.

Tenancy Documents

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Damp and Mould Problems

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Heating Problems

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Landlords Property Access

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Reporting a Repair

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Giving Notice

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Acting In A Tenant Like Manner

Whilst we as Landlords have a lot of responsibilities, such as ensuring there is adequate heating and hot water, and that drains and sanitary facilities are kept in working order, Tenants also have an obligation to look after and carry out  jobs around the property and this is called acting in a ‘Tenant-Like Manner”.

This is part of the legal responsibilities of being a tenant;  it basically means treating the house as if it’s your home. Just as if you were the homeowner, minor maintenance issues like changing light bulbs and attempting to unblock drains or toilets are usually the responsibility of the tenant.

The Tenant’s Responsibilities

Tenants have a responsibility for maintaining certain aspects of the property, such as the garden, furniture (which must be fire resistant) and any equipment supplied by the landlord. The tenant must ensure the property:

  • Is clean
  • Is not damaged by themselves or anyone else
  • Is not smoked in by themselves or others
  • Is looked after and general maintenance is carried out such as changing fuses, light bulbs and unblocking sinks and top water drains when required.
  • That the heating system is used responsibly, ensuring that no vents are blocked or heaters are not blocked.
  • Not to dry washing indoors without adequate ventilation.

If a tenant causes any damage to furniture or the interior of the property then the landlord has a right to charge the tenant for any repair work carried out or replacements needed, through deducting damage costs from the deposit.

Other Responsibilities

You are responsible for the insurance of your own contents and personal effects. This is something which we can help you with (see Obtaining References). You are also responsible for providing a TV Licence whether or not a TV is provided by the landlord. You are also required to make your own arrangements for the provision of a phone connection/line/broadband subject to the landlord’s agreement. Landlord approval must also be obtained to have Sky etc. set up at the property. You are responsible for regularly checking all smoke alarms and replacing batteries. Contacting Utility Companies, Local Council etc. about your Tenancy You must contact the utility companies with relevant meter readings (and the council), both after the move-in and move-out appointments to ensure your account is dealt with correctly. Please bear in mind that your responsibility for these services is for the duration of the tenancy which may not necessarily be exactly the same as the dates of occupation.

Damp and Condensation

One of the most common reports we receive from tenants is that their walls are developing a dark mould. The concern in this instance would be damp, but more often than not it’s a build-up of condensation, which is much less of a worry!  During cold weather, it’s recommended that the heating is left on as often as possible, for at least three hours at a time. The warmer the house is, the less condensation will gather on the surfaces. Keeping windows open when cooking and showering, generous use of extractor fans and avoiding drying clothes over radiators will all help to keep moisture levels down and prevent mould from growing.

 

Looking after the property

We expect you to look after the property as if it were your own. Where applicable, this also includes the garden area. Responsibility for the property rests with the tenants during the tenancy. Any problems that may occur or repairs that are necessary MUST be reported via our website through our on-line repair reporting system – ‘Report a Repair’. We aim to resolve any repairs issues for you ASAP. To assist us we will pass your contact details to our contractor to allow them to make access arrangements with you. In the event of an emergency occurring, you should take all reasonable steps to prevent the problem escalating. If you are absent from the property at any time it must be fully secured. In the event that the property is burgled you must contact the Police and advise us immediately. Please ensure you obtain a crime reference number. You will be accountable for any damage through wilful neglect or misuse during the period of the tenancy.

Insurance

You are responsible for insuring your personal possession and furniture, your landlord is responsible for insuring the property and his/her furniture.

Deposit Protection Scheme (DPS)

Your deposit by law is protected. Your landlord is responsible for ensuring that your deposit is registered with either one of the three schemes available. If we manage the property on behalf of the landlord we will register your deposit with the Deposit Protection Scheme and we welcome you to visit their website at ????????????

When you find the right property what do you need to do?

Call into the office where a member of staff will be more than happy to help you with complete the necessary paperwork. You will require a minimum £200 holding fee which will secure the property whilst we carry out the referencing process. This is NON refundable but will be taken off the total amount of moving in monies required upon completion of satisfactory references.

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Breaches of the tenancy agreement (damages)

Where the tenant has breached their tenancy agreement and caused damage as a result, then landlords may still seek compensation via deductions from the deposit or court action. They should also be able to leave clauses in their contract stating that the landlord may seek their costs for damages.

What they will not be able to do is insert a clause in the tenancy which sets a fixed fee for the damages incurred (a default fee) unless it is specifically permitted.

The government’s guidance goes further than this however, wrongly stating that landlords may not have clauses in their contract stating that that legal costs will be payable in the event of a breach.

Breaches of the tenancy agreement (default payments)

Landlords are allowed to charge for two types of default payments – loss of keys and late payment of rent. Both are subject to restrictions.

For the loss of keys, landlords are allowed to charge the reasonable cost that they can evidence in writing. Anything landlords cannot evidence in writing with receipts will likely be considered a prohibited payment.

For late payment of rent, landlords and agents may only charge 3% above the Bank of England base rate in interest on the late payment of rent from the date the payment is missed. At the time of writing this would be 3.75% interest. They may not charge for sending reminder letters.

Maintenance and Repairs

If you have a maintenance issue, our ticket reporting system for tenants is available 24/7 or you can report it by using one of the numbers on the Contact Us Page.  If you currently have a maintenance issue, then click on the following link above to report your problem.

What to do in the case of an Emergency:-

At any time,  If you smell gas or are worried about gas safety, you should call the National Gas Emergency Service Freephone number on 0800 111 999 at any time day or night.

During office hours (Mon – Fri: 9am – 5:30pm, Sat 9am – 2pm): Contact your property manager or property management department. If you are unsure of your property manager call our head office team on: 01922 669996