Are You An Ethical Landlord?

1. True or false: You have a responsibility to have an annual safety check on any gas appliance within your rented property.

True

False

All landlords need to have a Gas Safety Certificate (CP12) for all gas pipe work, appliances and flues, which you own and have provided for tenants’ use. Appliances include boiler, cooker, fires and hobs within a property. It is a legal requirement to obtain a CP12 on an annual basis.

Explanation

All landlords need to have a Gas Safety Certificate (CP12) for all gas pipe work, appliances and flues, which you own and have provided for tenants’ use. Appliances include boiler, cooker, fires and hobs within a property. It is a legal requirement to obtain a CP12 on an annual basis.

2. True or false: you need to obtain an Energy Performance Certificate (EPC) for your let property before you advertise it.

True

False

4.3. True. All rental properties need an EPC before they are advertised. There is a £200 fixed fine for not having one, but once a certificate has been obtained it is valid for 10 years.

Explanation

4.3. True. All rental properties need an EPC before they are advertised. There is a £200 fixed fine for not having one, but once a certificate has been obtained it is valid for 10 years.

3. True or false: if you require an inspection of your property or to carry out repairs there is no need to notify the tenant.

True

False

It is illegal to enter your property without the tenant’s permission for any reason. The law states that you should give the tenant reasonable notice. This is deemed to be at least 24hrs. Also you need to be careful on the frequency of visits as this could be seen as harassment.

Explanation

It is illegal to enter your property without the tenant’s permission for any reason. The law states that you should give the tenant reasonable notice. This is deemed to be at least 24hrs. Also you need to be careful on the frequency of visits as this could be seen as harassment.

4. True or false: the washing machine you included within your part furnished property breaks down. You have no responsibility to repair or replace the washing machine

True

False

You are responsible for repairing or replacing the washing machine if it was present at the beginning of the tenancy.

Explanation

You are responsible for repairing or replacing the washing machine if it was present at the beginning of the tenancy.

5. True or false: it is strongly advised, but not a legal necessity, to put the tenant's deposit in the Deposit Protection Scheme?

True

False

This is a legal necessity, but one that is ignored by some landlords. Quite apart from the issue of protecting your tenants deposit, failing to do so straight away could result in a fine. Also if you do not use a deposit protection scheme the tenants deposit needs to be returned to them before a section 21 (a landlord’s automatic right of possession without having to give any grounds once the fixed term tenancy has expired) can be issued.

Explanation

This is a legal necessity, but one that is ignored by some landlords. Quite apart from the issue of protecting your tenants deposit, failing to do so straight away could result in a fine. Also if you do not use a deposit protection scheme the tenants deposit needs to be returned to them before a section 21 (a landlord’s automatic right of possession without having to give any grounds once the fixed term tenancy has expired) can be issued.

6. True or false: if you have two tenants on the same tenancy and one vacates the property you are not required to refund their share of the deposit until the tenancy agreement has expired.

True

False

The tenant who moves out cannot have his deposit until the tenancy has either:
• been renewed and their name removed
• the existing tenant has paid the additional deposit
• the existing tenant has moved out.

Explanation

The tenant who moves out cannot have his deposit until the tenancy has either:
• been renewed and their name removed
• the existing tenant has paid the additional deposit
• the existing tenant has moved out.

7. True or false: the rent is paid monthly and your tenant has become two months in arrears. As a result you are legally allowed to give your tenant a two week notice period to move out of the property, failing which you can start possession proceedings.

True

False

You can serve a section 8 notice on grounds 8 to a tenant who has breached the terms laid out in the tenancy agreement, which in this case is failure to pay two months’ rent consecutively. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought. After serving notice, you must then obtain an order for possession from a court in order to start official proceedings . If the tenant refuses to leave the property within this notice period then you are entitled to apply to the courts for possession. If the tenant has formally
‘surrendered’ the property and you have accepted the surrender then the landlord does not need to apply to the courts for possession. However, your acceptance of this will impact whether you can claim unpaid rent from the tenant between possession and re-letting.

Explanation

You can serve a section 8 notice on grounds 8 to a tenant who has breached the terms laid out in the tenancy agreement, which in this case is failure to pay two months’ rent consecutively. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought. After serving notice, you must then obtain an order for possession from a court in order to start official proceedings . If the tenant refuses to leave the property within this notice period then you are entitled to apply to the courts for possession. If the tenant has formally
‘surrendered’ the property and you have accepted the surrender then the landlord does not need to apply to the courts for possession. However, your acceptance of this will impact whether you can claim unpaid rent from the tenant between possession and re-letting.

8. True or false: you can ask your tenant to move out immediately when the period of the tenancy agreement has expired.

True

False

When the initial fixed-term ends, the tenancy agreement automatically becomes a statutory periodic one. This means the tenancy agreement becomes a rolling contract and the tenant will still need to give one month’s notice and you will still be legally bound to give two months.

Explanation

When the initial fixed-term ends, the tenancy agreement automatically becomes a statutory periodic one. This means the tenancy agreement becomes a rolling contract and the tenant will still need to give one month’s notice and you will still be legally bound to give two months.

9. True or false: you are legally obliged to fix the problem within two days if your tenant calls you to say that they have a problem with the boiler and there is no hot water.

True

False

1. False. There is no set timeframe in which you are obliged to fix a boiler. Yet given that tenants might be living without heat (especially in the winter) or hot water (all year round), this is a serious issue that should be addressed as soon as possible by an approved ‘Gas Safe’ engineer. The tenants may withhold rent until the problem is resolved or feel they should not pay the full monthly rent due to the inconvenience. However, the tenants are not entitled to do so unless agreed by you.

Explanation

1. False. There is no set timeframe in which you are obliged to fix a boiler. Yet given that tenants might be living without heat (especially in the winter) or hot water (all year round), this is a serious issue that should be addressed as soon as possible by an approved ‘Gas Safe’ engineer. The tenants may withhold rent until the problem is resolved or feel they should not pay the full monthly rent due to the inconvenience. However, the tenants are not entitled to do so unless agreed by you.

10. True or false: it is a legal requirement to have your electrics tested every 5 years.

True

False

There is no legal requirement to have any electrical testing done, however you are liable for anything that goes wrong if you cannot demonstrate you have taken due care. The recommendation is to get an EICR (Electrical Installation Condition Report) done every five years.

Explanation

There is no legal requirement to have any electrical testing done, however you are liable for anything that goes wrong if you cannot demonstrate you have taken due care. The recommendation is to get an EICR (Electrical Installation Condition Report) done every five years.