Monday, 23 August 2010

Is my landlord entitled to get into my drawers

The other day I was reading someone else’s blog and was surprised at a few of the phrases that were typed into the search engines to actually find her blog, such as:-

“I’m afraid of my Landlord”

“..My Landlord comes around unannounced”

“My landlord threatens me”

“Is my Landlord entitled to go through my underwear drawer”

Before any of you ask the answer to the last question is NO!  But that is not the point, what did alarm me was that she didn’t actually know her rights as a tenant.  Who is to blame for that? The Tenant the Landlord or the agent? Well I would have to say the tenant.

The Tenancy Agreement can give both you and your Landlord(s) more than the statutory implied rights, but no less. A tenancy agreement contains both express terms and implied terms. ‘Express terms’ are the terms written into the Tenancy Agreement and ‘implied terms’ are rights created by law and implied into the tenancy.

“Is my Landlord entitled to go through my underwear drawer” if anything, this just how blindly people just sign tenancy agreements without reading them, and without actually knowing there rights.  

Ideally the letting agent should let you have a draft copy of the agreement, almost as soon as you references have been verified. This should give you ample time to read and take advice. Plus if you don’t understand something ASK! Lots (but sadly not all) of Letting agents are qualified to answer these questions.

Now when your sat in the Letting agents office and have nowhere else to go since you have moved out of your previous property, DONT feel intimidated, you have a right, yes an implied right to read and re-read the contract as many times as you like before you sign. If you able to get to the end before falling asleep that is!.

No tenant should ever be forced to sign a contract or intimidated to do so, irrespective of whether someone signs a contract or not, the tenant’ statutory rights won’t change regardless of what is written in the tenancy agreement.

In my experience as a Bristol letting agent, most of the time tenant are naturally excited about moving into their new place, or have left themselves insufficient time to actually do the LEGAL side of things, such as signing the agreement. Not realising this is an important legal document. There is no small print in a Tenancy agreement. 

“..My Landlord comes around unannounced” Since it was mentioned as one of the phrases previously, your landlord IS NOT ENTITLED to just appear at your doorstep or enter your property unannounced. He has to give you at least 24 hours notice of intention to enter the property, (except in an emergency) but please bear in mind that you might find him unannounced in the property, but he might well of informed one of the other tenants, who subsequently failed to pass on the message. It does happen.

Kevin Cox is the Principal Partner of Igloolets.com a Bristol Letting Agent, with over 13 years experience as a Property  agent in Bristol, believing in openness, honesty and integrity in all his dealing with both Tenants and Landlords

Tuesday, 17 August 2010

Tenants - Sex toys

Well we sure know how to get your attention to read our blog don’t we! As a Bristol letting agent, I have seen many things in over a decade of Property Management.  But I am sure I don’t stand alone, and Bristol letting agents could write pages of things they have seen.

For those of you who are video viewers we have added the video below.

But back to the title of this blog. Tenants sex toys,  well a recent survey carried out by the DPS (Deposit Protection Service) says that sex toys are still the number one item left behind by tenants when they move out of a property

In a poll of more than 1000 landlords across the UK, sex toys were the most frequently left behind item landlords had to dispose of.

The biennial poll of landlords reveals that Brits have a penchant for ‘marital aids’ (of all shapes, sizes and colours), 1970s pornographic magazines, raunchy underwear, bondage equipment and blow up sex dolls!

Animals, both dead and alive, also scored highly on the list. Tenants left behind a stuffed parrot, guinea pigs, a large dead fish in a recycling bin and even a snake living under the floorboards.

Kevin Firth, Director of The DPS said:
“Cleaning up after tenants is often a big job for landlords but this research shows that it’s not always just dirt and mess they have to contend with.”

“One landlord told us that a former tenant, a postman, had left behind bags of unopened mail in the attic. Another told us that he found a batch of winning lottery scratch cards in the property, while another said that he had been showing a prospective tenant around the property and found a complete stranger asleep in the bedroom!”

As well as sex toys and animals, other bizarre items left behind included: the engine from a lorry, a phallic shaped multi coloured door draft excluder, an inflatable Father Christmas and half a dozen milk crates. Mr Firth added:

“We would encourage all tenants at the end of their tenancy to tidy the property appropriately and only leave behind items that were on the original inventory. This will help ensure that their deposit is returned in full”

So the top 10  most bizarre items left-behind are:
1. Sex Toys
2. An elephant’s foot
3. Ashes of a dead person
4. A pot bellied pig
5. A box containing nail clippings
6. A crash test dummy
7. A pair of synthetic breasts
8. A glass bowl covered with cling film containing 17 live spiders
9. A plastic hand with a fork attached
10. 7 cans of gravy granules

Kevin Firth further added “As the only custodial deposit protection scheme accredited by the Government, we are here to protect both landlords and tenants. In the event of a problem at the end of a tenancy our free and independent resolution service can be a good way of settling a dispute without the need to go to court”. Since 2007 landlords have been obligated under law to protect their tenants’ deposits by registering with a tenancy deposit protection scheme.

As a Bristol letting agent Igloolets are pleased to say that we lodge all of our Managed Property deposits with the DPS believing it to be the safest scheme for tenants deposits. The DPS is a completely free custodial scheme which receives the deposit from the landlord or letting agent and holds on to it for the duration of the tenancy. Since 2007, almost 200,000 landlords and 17,000 letting agencies have used the scheme.



Friday, 13 August 2010

Mould and damp in rented property - the end of tenancy problem

I wanted to share with you a great article written by a fellow professional letting agent Sally Asling who is the director of Surrey Lets. Having been a Bristol letting agent myself in Bristol for over 15 years, I would have to agree with everything she says.


Hopefully this will help towards tenants understanding the big difference between the two, enabling you to alleviate the problem or understand the problem before it even starts. 


Mould and Mildew at the end of a tenancy is one of the most debated issues that I come across at the end of a tenancy. 

The tenants blaming the property and the landlord wanting to hold the deposit for redecoration. So who is right? What are the processes in resolving this?

Firstly, there are two types of mould and mildew that can develop during a tenancy:

A) Low level damp penetration to outer walls normally creeping up the walls from the bottom.In most cases this indicates a maintenance issue for the landlord.
B) High level mould normally seen on ceilings, silicone sealant around bath fittings and window frames. This is almost certainly caused by a combination of high humidity and lack of ventilation.

The problem being that some tenants simply don't understand that mould and mildew is not the same as damp. When they first see the ugly black spores they contact the Landlord or the Letting Agent to complain that the property is damp. In many cases, particularly if a poorly experienced property manager is involved, it becomes a costly exercise involving a damp report being commissioned to determine if the property has damp. Nine times out of ten the property is not suffering from any external damp and the mould spores are from a lack of ventilation.

In these cases it is not the Landlords responsibility to supply dehumidifiers etc (though they can help), it is a tenant's responsibility to wipe down condensation with a mould / mildew product and ventilate the property as is necessary. I have been to inspect properties for Landlords with this issue many times and found the property all shut up, heating on low and wet washing hung on radiators and over doors to dry. Well, the moisture has to go somewhere, and it does. It is absorbed into the fabric of the building which provides a breeding ground for mould and mildew.

I advise landlords to supply a dryer for this very reason. Washer dryers are not the greatest inventions, but a good condensing dryer is a solution. It will certainly help reduce the risk of mould and mildew and it can be written in the contract that the tenants must use it to dry clothes. Most tenancy agreements have standard clauses about properly ventilating a property and behaving in a tenant like manner. So, at the end of a tenancy there is no reason the property should not be given back as it was found. 

At this point I acknowledge that a 60's built flat with aluminium windows is going to be much more susceptible to mould and mildew situations that a new home with double glazing which has trickle vents and air vents, so this should be a consideration made by tenants when taking a flat to rent. It is more maintenance work, the windows will need wiping down daily and the flat will need to be aired. It is however, no excuse for letting it build up.

Therefore, at the end of the tenancy, if the property looks like this:



then yes, you are able to deduct monies from the tenants deposit to go towards redecoration, and most certainly the cost of cleaning the mould and mildew away. How much you will be able to claim on redecoration depends on the overall condition or the decor at check in, a landlord can not be seen to get betterment from deducting from a deposit, however some cases of mould an mildew are so bad, there is no option but to redecorate at a majority cost to the tenant.

For more help and information on Letting out a Property, please dont hesitate to get in touch.

Wednesday, 11 August 2010

50% of tenants expect rent increases

Nearly half of all tenants are expecting rents to rise in the next 12 months. The proportion (45%) is up 12% on this time a year ago.

Rightmove’s latest quarterly survey of the private rented sector also shows that available rental stock held by agents has dropped 20% over the year. 

A majority (57%) of tenants would like to buy, but cannot afford to do so.

Miles Shipside, commercial director of Rightmove, said: “Many renters are caught in a ‘rental market crossfire’, taking financial hits from all directions. Not only can they not afford to buy, but they are about to feel the pinch as rents look set to rise too. 

“As well as being negatively impacted by the new Government’s austerity measures, they are likely to have to compete harder and pay more for the dwindling choice of rented accommodation.”

Monday, 9 August 2010

Tenants beware new scam on GUMTREE

Here at igloolets we thought this was an important article to share with you from Property Talk.

We dont scam tenants and hate anyone else who does.


A new scam on Gumtree has been uncovered by the National Landlords Association.
A number of defrauded tenants have contacted the NLA about a new wave of scams on the online classifieds website, Gumtree.
Unsuspecting potential tenants, usually from overseas, reply to advertisements on the website for rental accommodation in the UK.
After supposed satisfactory e-mails, tenants are asked to send money to the ‘landlord’. Having sent the money, when the tenants attempt to make contact with the ‘landlord’ or, indeed, collect keys to the property, the ‘landlord’ is uncontactable and the potential tenant has been defrauded.
In this latest scam, the ‘landlord’ claims to be a member of the NLA, uses the NLA logo and has created fake stationary copying that produced by the bona fide, NLA Tenant Check service.
Richard Price, Director of Operations, NLA, commenting on the new scam, said:
“Tenants, no matter where they are from, should not send payment to advertisers before they are certain that the advertiser is genuine. Overseas applicants needing to secure accommodation before they arrive in the UK would be well advised to first seek the help of the employer or university they are coming to. They will be knowledgeable of standard practices in the UK and often have lists of accredited landlords and local letting agents.”

Check the property before you sign the tenancy agreement

If you don’t check over a property thoroughly before you sign, Their can sometimes be some unexpected surprises, like the 3 pieces suite or the washing machine that actually does not come with the flat.

Unlike when we buy something from a shop, we have the sale of goods act to protect us, however that is not the case with renting property.

No doubt some of you have heard the latin phrase Caveat emptor which basically means let the buyer (or renter in your case) beware. If you don’t spot a problem before you buy something, your stuck with it.
There is naturally legislation that relates to the condition of a property, such as unfit for human habitation.

When your viewing a property ask questions of what is supplied and what is not, if the agent is unsure, ask to see a copy of the inventory before you sign any agreement or actually start the referencing process.
Never feel embarrassed or intimidated about asking questions of the agent or having a really good look around the property. At the end of the day you are going to be renting the property as a home, and most probably paying good money. Most agents would be more than happy to get the answers to the questions, before your move in, than have a tenant move into a property and then start raising issues about the property.

Here at igloolets we do our best to give you all the answers you need, 

it’s important to us to get it right the first time. Its important to us that

we have happy and satisfied tenants. 

Monday, 2 August 2010

Landlords' market posing fresh challenges for prospective tenants



THE rental sector has become a landlords' market as demand has begun to outstrip supply, reducing the availability of new rental accommodation

We thought it a good opportunity to share with you 10 top tips on how to get a good deal

1 USE PROVEN CHANNELS
Few private landlords have the time, experience or desire to manage their property and instead use a letting agent. Although a tenant will pay more to find accommodation through an agent, they may well get chauffeured around a variety of properties, which is great if your new to the area. Once in situ, will should get a full inventory/condition report on the chosen property. Good agents are also more likely ensure any necessary repairs are carried out quickly and efficiently.
 

2 AFFORDABILITY
Renting can provide financial "breathing space". Static property prices mean tenants who save regularly may actually find themselves better off in the medium term compared to those who have been owner-occupiers for the same period. A nest-egg can be built up through not having to paying for things like maintenance, repairs, buildings insurance and, in many cases, furniture and various electronic gizmos.

3 LOCATION, LOCATION, LOCATION
A simple rule of thumb is that the further you move from the centre of town the lower the rent will be.
 
However, think about supplementary, but important, issues like schools, shops and local amenities. And no matter how much of a "wow" factor a property exudes, if you need a car journey to buy basics such as a newspaper or a loaf of bread the costs will mount.

5 BE TRANSPARENT
Avoid any last-minute hitches by being completely honest with the agent or landlord. If you have a pet, for example, always ask permission before signing the lease. The same applies to special requirements - such as if you intend wholly or partially running a business from home, even if it involves merely using a laptop and some paperwork.

6 BE PRESENTABLE
With several parties chasing one rental property, it is increasingly common for landlords to make a decision based on the personal appearance and demeanour of the potential tenants.
They will let property to those they feel most comfortable with, meaning tenants giving the impression of having a sense of personal responsibility and respect for other peoples' property
7 PART-TIME ADVANTAGE
Tenants who intend to stay in a rented property only during the week and return home to their families at weekends are particularly welcomed by landlords as it reduces wear and tear on furniture and fittings. If this is your situation then do publicise the fact as the landlord may well be willing to compromise on the rental rate to achieve this type of tenancy arrangement.
8 FURNISHED OR UNFURNISHED?
There are fewer and fewer furnished properties available these day, except for the top end market, where the target market of the landlord is for executive. Sadly often those that are furnished, lack the modern feel that so many tenants require. If you are looking for furnished, make sure the agent knows that in advance, and also make them aware of your actual requirements for furniture, so landlord say a property is furnished but do not provide either a washing machine or bed mattress. However, bringing your own furniture does avoid any broken or worn furniture issues when it comes to check out at the end of the tenancy.
9 LONG-TERM OPTIONS
Most leases are six-month short-assured tenancies but these can be rolled over into longer periods, although the landlord will retain the legal right to regain possession by giving 2 months  notice. Landlords like continuity so many will be willing to enter into longer-term agreements, especially when dealing with a "model tenant". 
However, it is unlikely that a landlord will accept a "fixed rent" for long periods - almost certainly they will insist on a clause allowing them to increase the rent in line with inflation, and should the tenant move out before completion of the lease they will be responsible for paying rent even if the accommodation lies empty.
10 ACT NOW
The level of supply can only get worse in the medium term, due to the shortage of mortgages, while there are little or no additional properties coming on to the rental market because of the collapse of buy-to-let as an investment vehicle. All that points to increasing levels of rent and reducing levels of choice. If you find the correct property and feel comfortable with the agent or landlord then act quickly and decisively.