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Category: Landlord Legal & Compliance

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Evicting Tenants & Ending Tenancies Landlord Legal & Compliance

Demystifying the Section 8 Notice: A Comprehensive Guide for Landlords

Demystifying the Section 8 Notice: A Comprehensive Guide for Landlords

When it comes to managing rental properties, landlords occasionally find themselves in situations where tenants are in breach of their tenancy agreements. In such cases, a Section 8 notice can be a valuable tool to regain possession of the property. In this guide, we’ll explore what a Section 8 notice is, the grounds for serving it, and provide practical examples to help landlords understand how to use it effectively.

What is a Section 8 Notice?

A Section 8 notice is a legal notice served by a landlord to a tenant to initiate proceedings for possession of a rental property. It is governed by the Housing Act 1988 and allows landlords to seek possession when tenants are in breach of their tenancy agreement, provided certain conditions are met.

Grounds for Serving a Section 8 Notice

To serve a Section 8 notice, landlords must have valid grounds for possession. These grounds are categorized into mandatory and discretionary grounds. Let’s delve into these grounds with practical examples.

Mandatory Grounds

  1. Rent Arrears (Ground 8): This is one of the most common grounds for possession. If a tenant falls into arrears of rent, landlords can use this ground.

    Example: Imagine your tenant, John, has failed to pay rent for three months. You can serve a Section 8 notice citing Ground 8 to seek possession of the property due to substantial rent arrears.

  2. Mortgage Repossession (Ground 2): This ground applies if the rental property is subject to a mortgage, and the lender is repossessing the property.

    Example: Your rental property is mortgaged, and the lender is exercising a power of sale. You can use Ground 2 as a mandatory ground for possession.

  3. Selling the Property (Ground 1): If you intend to sell the property with vacant possession, you can serve a Section 8 notice using this ground.

    Example: You’ve decided to sell the property and need it to be vacant for the sale. Ground 1 can be used to regain possession.

  4. Occupation as Principal Home (Ground 9): If you or your close family member wishes to move into the property as their primary residence, you can serve a Section 8 notice citing this ground.

    Example: Your elderly parent needs to move into the property for health reasons, and you want to regain possession. Ground 9 can be used as a mandatory ground.

  5. Selling under a Rent-to-Buy Scheme (Ground 10): If you are a private registered provider of social housing and have a rent-to-buy agreement, this ground allows you to seek possession.

    Example: You are part of a rent-to-buy program, and you wish to regain possession to facilitate this arrangement. Ground 10 applies.

Discretionary Grounds

  1. Antisocial Behavior (Ground 14): This ground covers situations where the tenant or someone living with them has engaged in antisocial behavior.

    Example: Your tenant, Sarah, has been causing disturbances and creating a hostile living environment for neighbors. You can serve a Section 8 notice using Ground 14 as a discretionary ground.

  2. Breach of Tenancy Agreement (Ground 12): This ground applies to various breaches of the tenancy agreement, such as subletting without permission.

    Example: Your tenant, Mark, has sublet the property without your consent, violating the terms of the tenancy agreement. Ground 12 can be used as a discretionary ground.

  3. Accumulated Arrears (Ground 11): This ground covers cases where rent arrears have accrued, but they don’t meet the criteria for Ground 8.

    Example: Your tenant, Lisa, consistently falls behind on rent, but the arrears do not reach the threshold for Ground 8. You can serve a Section 8 notice using Ground 11.

  4. Waste or Nuisance (Ground 17): This ground applies when the tenant is causing damage to the property or creating a nuisance.

    Example: Your tenant, Robert, has been causing damage to the property and disrupting neighbors with constant noise. Ground 17 can be used as a discretionary ground.

Serving the Section 8 Notice

To serve a Section 8 notice, landlords must follow a specific process:

  1. Complete the correct notice form (Form 3) or use a solicitor.
  2. Clearly specify the grounds for possession.
  3. Serve the notice to the tenant by hand or by post, ensuring they receive it.
  4. Keep a record of the notice and the date of service.

Conclusion

A Section 8 notice is a valuable tool for landlords to regain possession of their rental properties when tenants are in breach of their tenancy agreements. Understanding the grounds for possession, both mandatory and discretionary, is crucial for successful eviction. Remember that the process can be legally complex, and it’s advisable to seek legal advice or consult with professionals experienced in landlord-tenant matters. By following the proper procedures and grounds for possession, landlords can effectively use a Section 8 notice to protect their property and investments.

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Navigating the Rental Revolution: A Deep Dive into the Renters’ Reform Bill

Navigating the Rental Revolution: A Deep Dive into the Renters' Reform Bill

The Renters’ Reform Bill is a hot topic in the UK, aiming to bring a wave of change to the rental market. We’ve rounded up all you need to know about this exciting development and will keep you updated as the details unfold.

assured shorthold tenancy

1. The Big Picture

The government says these reforms will benefit a whopping 11 million tenants, promising “safer, fairer, and higher quality homes” through a significant overhaul of housing laws. But don’t worry, over two million landlords won’t be left out; these changes aim to make it easier for them to regain possession of their properties when they need to.

2. Abolishing Section 21 – The Catch

Section 21 is not going away just yet. The government will delay its abolishment until the court system for handling possession cases by landlords improves. Unfortunately, they didn’t tell us how long this delay will be. But here’s a win for student landlords: there will be a new ground to repossess properties annually, making it easier to manage the student housing market.

3. Say Goodbye to Fixed-Term Tenancies

The proposed Renters’ Reform Bill will bid adieu to fixed-term tenancies, replacing them with periodic tenancies throughout the private rental sector. The idea here is to give tenants more flexibility, ensuring they’re not locked into long-term contracts.

4. Pets Welcome (Mostly)

The bill suggests landlords should consider all requests for pets on a case-by-case basis. Landlords must provide a written response within 42 days, although some exceptions apply. Factors like the size of the pet, allergies, shared spaces, and outdoor access will be considered.

5. Rent Increases Simplified

Under the new system, all rent increases will follow a streamlined mechanism similar to the existing Section 13 process. Landlords must serve a simple form to tenants with two months’ notice. If tenants think the increase is too high, they can dispute it through the First-tier Tribunal, provided they act before the new rent’s start date.

6. No More Blanket Bans

The Renters Reform Bill will make it illegal for landlords and agents to have blanket bans on renting to tenants on benefits or with children. The government aims to eliminate discrimination when families are looking for a place to live.

7. A Digital Property Portal

Landlords are getting a new digital Property Portal to understand their obligations and help tenants make better decisions. Each landlord and dwelling will need a unique entry, and active entries are necessary before a property can be marketed for rent.

8. The New Ombudsman

All landlords will be legally required to join the new Ombudsman scheme. While the government is still figuring out the details, it’s an essential step to ensure better protection for renters.

9. Decent Homes Standard in the PRS

For the first time, the Decent Homes Standard will extend to the private rental sector. This standard, which ensures housing is free from health and safety hazards, promises renters higher quality homes.

10. Council Enforcement Powers

The Renters’ Reform Bill strengthens council enforcement powers, requiring councils to report on enforcement activities to tackle rogue landlords.

Conclusion

The Renters’ Reform Bill is poised to transform the rental market in the UK. These changes aim to provide better protections for tenants, improve property standards, and enhance the overall renting experience. Keep an eye on these developments, as they could have a significant impact on both landlords and tenants in the UK. We’ll keep you updated as more details emerge.

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A Comprehensive Guide: How Landlords Can Prepare for Bailiff Evictions in the UK

A Comprehensive Guide: How Landlords Can Prepare for Bailiff Evictions in the UK

Evictions can be a challenging and distressing process for landlords in the UK, particularly when the tenant is uncooperative or has failed to pay rent. If all other methods to resolve the situation have been exhausted, landlords may need to consider the last resort – applying for a bailiff eviction. This blog will provide landlords with a comprehensive guide on how to prepare for bailiff evictions in the UK.

1. Understand the Legal Process

Before embarking on a bailiff eviction, landlords must have a solid understanding of the legal process. Landlords should know the grounds for eviction, which include non-payment of rent, anti-social behavior, and other breaches of the tenancy agreement. Familiarize yourself with the various types of notices and the specific notice period required for each case.

2. Serve Proper Notices

One of the first steps in preparing for a bailiff eviction is to serve the tenant with the appropriate legal notices. Ensure you use the correct form and follow the statutory guidelines. These notices will include the Section 8 or Section 21 notice. Timing is crucial here, so make sure you serve the notice in the right sequence and that it complies with the law.

3. Communicate with Your Tenant

Open communication can sometimes resolve the situation without resorting to eviction. Before applying for a bailiff, make an effort to discuss the issues with your tenant. They might be willing to leave voluntarily or agree to a repayment plan. This can save time and money, and it’s a less stressful option for both parties.

4. Check Your Paperwork

Make sure all your paperwork is in order. This includes the tenancy agreement, proof of rent arrears, and records of any communications you’ve had with the tenant regarding the arrears or the breach of the tenancy agreement. Having a complete and organized file will be beneficial in court.

5. Court Proceedings

If communication fails and the tenant doesn’t leave, you may have to take legal action. Start court proceedings to obtain a possession order. This will involve a court hearing where a judge will decide on the eviction. It’s vital to attend this hearing prepared and with all necessary documentation.

6. Obtain a Possession Order

If the court rules in your favor, you will be granted a possession order. Depending on the type of possession order, you might need to wait for the tenant to leave voluntarily or apply for a warrant of possession to involve bailiffs. Consult with legal professionals to choose the right course of action.

7. Bailiff Application

If the tenant doesn’t leave by the date stipulated in the possession order, you can apply for a warrant of possession, which authorizes the use of bailiffs to evict the tenant. Ensure you complete the necessary paperwork accurately, as any errors could result in delays. Pay the required fees as well.

8. Arrange for Bailiff Eviction

Once the bailiff appointment is confirmed, plan for the eviction day. Make sure the property is ready for possession, and any tenant belongings are securely stored in accordance with the law. The bailiffs will execute the eviction on the appointed day, and you should be present during this process.

9. After the Eviction

After the tenant is removed, change the locks immediately. Document any damage to the property or missing items. You can then start the process of re-letting the property.

10. Dealing with Tenant Belongings

UK law requires landlords to store the tenant’s belongings for a specific period, usually 14 or 28 days. Notify the tenant about the storage arrangements. If they don’t collect their belongings within the specified period, you can dispose of them. Ensure you follow the legal guidelines in this process.

11. Record Keeping

Maintain meticulous records throughout the eviction process. This includes copies of all correspondence, court documents, notices served, and records of any property damage. Detailed record-keeping can be invaluable if any disputes arise later.

12. Seek Legal Advice

Legal proceedings can be complex and challenging. It’s highly recommended that you seek legal advice or hire a solicitor experienced in landlord-tenant matters to guide you through the process. They can ensure you follow all the legal procedures correctly.

Conclusion

Bailiff evictions are a last resort for landlords in the UK. While they can be emotionally and financially challenging, it’s crucial to follow the legal procedures meticulously. Understanding the process, serving proper notices, and maintaining open communication with your tenant are all key aspects of a successful eviction process. Seek legal advice, keep thorough records, and ensure your actions are in accordance with the law at every step. Remember, the goal is not only to regain possession of your property but also to handle the process as professionally and smoothly as possible.

 

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Ending a tenancy – dealing with a tenants’ notice to the landlord UK

ending a tenancy

Ending a tenancy - dealing with a tenants’ notice to the landlord UK

Ending a tenancy is a legal process and there are certain steps a landlord must take in order to ensure that they have followed the appropriate procedure.

Ending the tenancy by giving notice

Before ending the tenancy itself the landlord will need to give the correct “Notice” to the tenant.

The notice can be used to end a fixed or periodic tenancy or to request early termination also known as a ‘surrender’ of a tenancy.

The notice document allows you to include the following;

  • Tenant’s name and address
  • The landlord’s name and address
  • The date the notice period ends
  • A forwarding address
  • A request for tenancy documentation such as the tenancy agreement or deposit details
  • A reason for a request to terminate the tenancy early (if applicable)
ending a tenancy

What type of tenancy is in place

A fixed-term tenancy ends on a particular date so ending a tenancy like this is usually more straightforward. This type of tenancy is usually set for an initial period of six months and should the parties agree, it can be up to 12 months or more. After the agreed fixed-term has expired, the landlord can offer a new fixed term agreement, the tenant could give notice that they no longer wish to live at the property or the landlord could give notice to have the property back. The only ways to end your fixed term tenancy early are:

  • If the landlord agrees and allows the tenant to exit the contract early. 
  • If your contract mentions certain conditions for ending your tenancy early. 

If there is no fixed term or the initial fixed term has finished and wasn’t renewed, the tenant would be said to have a periodic tenancy.

Unlike a fixed-term tenancy, a periodic tenancy doesn’t have an end date and either rolls from month to month or week to week.  If the tenant is under a periodic tenancy, they would still be required to give the landlord written notice to end the periodic tenancy. This is called a “notice to quit”.  A notice to quit must give at least 4 weeks’ notice to end on the first or last day of a tenancy period.

Ending a tenancy by surrendering your tenancy 

If there is no break clause (usually 6 months) in your fixed-term tenancy then the tenant can surrender the tenancy but only if your landlord agrees. A surrender can either be expressed or implied:

  • Express surrender – the landlord and tenant are both in agreement to end the tenancy in writing by using a deed of surrender.  
  • Implied surrender – this type of surrender is based on a series of actions of both the landlord and tenant that are inconsistent with the continuation of the tenancy. For example, the tenant gives the keys back to the landlord and both agree to end the tenancy.

Ending a tenancy and the minimum amount of notice to give

At the end of the fixed term

The tenancy agreement will state the process regarding when to give notice.  Alternatively, if nothing is mentioned then the landlord or tenant can give notice on the last day of the fixed term.

Using a break clause

The break clause stated within the agreement will state the minimum notice period.

Surrender

A notice period is not required as the tenancy is terminated with immediate effect whether expressly or implied.

Ending a tenancy without giving notice

Just because the tenant has physically left the property doesn’t mean that they are no longer liable for paying rent for the remainder of their tenancy term.

Should the tenant leave without giving notice, a landlord will be able to go to court to obtain a court order, legally compelling the tenant to pay the due amount of rent and the accumulated arrears. 

Although landlords could recoup the arrears from the tenant, it is important to highlight that the Tenant Fees Act 2019 placed a limit on the amount landlords can request their tenants pay for the security deposit, which is typically five weeks rent. So landlords will unlikely be able to use the deposit to recoup all their costs.

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Compliance checklist – 7 things landlords need to know 2023

landlord compliance checklist

Compliance checklist – 7 things landlords need to know 2023

Landlord compliance can usually be a daunting task, especially for new landlords because the legal responsibilities of a landlord go beyond just finding tenants, collecting rent and fixing repairs. There are a few specific requirements that landlords must comply with so, to help, we have put together a list of the 7 key landlord compliance requirements that all landlords should follow.

1. Landlord compliance when it comes to licensing

Not all landlords will need a license before they can rent their property but it is something that is becoming increasingly more popular because the decision as to whether you need one is largely dictated by the area in which you live and your local authority.

There are essentially two main types of licensing, Selective license and Mandatory license and each has its own requirements. The exception as to whether or not it is dependent on the area would be if the property was considered an HMO because HMO properties will need a license regardless of their local authority. If landlords are found to be letting without an appropriate license from their council, they could face a civil penalty of up to £30,000.  

landlord compliance checklist

2. Right to rent checks

Since February 2016, landlords in the UK are required by law to check that their tenants have the right to rent in the country providing them with rented accommodation in the UK. Although the checks themselves are relatively simple, the consequences for non-compliance can result in fines of up to £3,000.

Click here for more information about right-to-rent checks.

3. Landlord compliance to register Deposits Deposit Protection Scheme

Since the Housing Act came into effect in 2004, as a landlord, it has been a legal requirement to put your tenants’ deposit into a government-approved tenancy deposit scheme if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales, your deposit can be registered with:

It is important to know which Scheme is right for you.

If a landlord does not protect a tenant’s deposit, then they will be prevented from issuing a section 21 notice, but if the tenant claims compensation, landlords could pay up to three times the amounts left unprotected to each tenant. 

landlord compliance checklist
4. Energy efficiency

Landlord compliance in regard to energy efficiency refers to the legal requirement for landlords to provide tenants with an Energy Performance Certificate (EPC) before they move in.

In 2018, the UK government introduced the Minimum Energy Efficiency Standards, requiring that every rental property (for new tenancies) in the UK should be meeting an EPC rating of an “E” grade before tenants move in.  However, after the 1st of April 2020, the Minimum Energy Efficiency Standards were extended to encompass all existing tenancies.

You can find out more about EPC updates for landlords here.

You can also find out more about Energy Performance here.

You can check if a property has an EPC at EPC Register.

5. Health and safety landlord compliance

Landlords are responsible for making sure all gas and electrical appliances in the property are safely installed, maintained, checked, and tested regularly. Under the Gas Safety Regulations 1998 rental property owners are legally obligated to ensure that a qualified gas safety engineer conducts a gas safety check on the rental.

Landlord compliance also requires that they obtain an electrical installations condition report. The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require that landlords have property electrics checked at least every 5 years by a properly qualified person. It is also good practice to:

  • Carry out a visual check of the safety of the electrical installation at every change of tenancy
  • Carry out tests and visual checks on any supplied electrical items at every change of tenancy
  • Carry out regular Portable Appliance Tests (PAT) to ensure compliance

Legally, landlords are required to have a smoke alarm installed on each floor of their property, with a carbon monoxide alarm also being placed in any room that houses a solid fuel source (The Smoke and Carbon Monoxide Alarm (England) Regulations 2015). It is also important to note that whilst the landlord does have overall responsibility, the tenants are expected to routinely check the alarms are still in working order. 

6. Landlord Insurance

With a buy-to-let mortgage, it isn’t uncommon for the bank/lender to require that the landlord take out appropriate landlord/building insurance for the property. The insurance policy would more than likely seek to have cover for accidental damage to the property, contents insurance if the property is let furnished as well as rent guarantee insurance should the tenants fail to make a rental payment during their tenancy.

7. Landlord compliance to provide ‘How to Rent Guide’

The How to Rent guide is a crucial document that must be provided by the landlord to their tenants before the tenancy commences. The guide is designed to help tenants understand what their rights and responsibilities are when renting a property.

If landlords do not provide their tenants with the most recent copy of the government’s How to Rent guide, then they will be prevented from serving the tenants with a section 21 notice of eviction, making it more difficult to get the property back. 

The most up-to-date ‘How to Rent’ guide can be found on the government website here.

Other landlord compliance matters you also need to take into account are below.
Data protection

Data protection is the process of safeguarding information, particularly personal information, from unlawful or unauthorized processing, access, loss, destruction or damage. Data Protection Act 2018 may not appear to be of great importance to landlords when you first look at it however, it is a very serious matter with serious legal implications.

Any information which can identify your tenant is considered to be personal data, so information like their names, date of birth, their employment details etc.

The Information Commissioner’s Office is the regulator for data protection in the UK and its website provides further guidance on all thing data. More information about the ICO can be found here.

Landlord compliance with data could look something like:

  • Knowing what personal information you keep and why you need to keep it
  • Only keeping what personal information is really necessary and only keeping it for as long as is necessary
  • Making sure the information you keep is accurate
  • Providing tenants with a copy of the personal information you have about them if they request it
  • Not passing on or transferring your tenant’s data without consent
Legionella

As a landlord, you are responsible and have a legal obligation to have a legionella risk assessment carried out on your rental property. The assessment will determine the likelihood of the risk of exposure to Legionella bacteria within the water system.

Section 3(2) of the Health and Safety at Work Act 1974 (HSWA) makes provision for relevant health and safety legislation to apply to landlords to ensure a duty of care is shown to their tenants with regard to their health and safety.

You can find out more information about legionella here. 

Furniture & furnishings

If a landlord does decide to provide furniture then you must comply with fire regulations and display standard labels in a prominent position. All furniture manufactured since 1989 will comply with the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2010 and nearly all will be marked with a label that clearly displays it does comply with regulations.

Repairs and Maintenance

Landlords have a responsibility to maintain their property to ensure it remains safe and in a habitable condition.  So landlords must ensure your property meets and is maintained to the standards required by law Landlord and Tenant Act 1985 (as amended). 

Landlords are responsible for the structure and exterior of the property, for example, the walls, roof, foundations, drains, guttering and external pipes, windows and external doors.

The landlord is not responsible for damages caused by tenants during the tenancy and it is their responsibility to ensure that the landlord is made aware of any damage to the property structure, utilities and heating.

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Fixed term tenancy – Steps landlords can take if your tenant wants out

fixed term

Fixed term tenancy – Steps landlords can take if your tenant wants out

A fixed term tenancy agreement details the legal rights and responsibilities of landlords and tenants detailing things like how long the property will be rented out for, rent rates, tenant obligations, landlord repair obligations and much more.

The difference between a fixed term tenancy agreement and a periodic tenancy is that one is for a fixed term, i.e. 6 months, 1 year 2 years and the other is rolling either monthly or weekly.

Fixed term tenancy process if your tenant wants out

When a tenant signs a new tenancy agreement they are essentially committing to rent your property for a fixed period of time but, there may be times when a tenant may decide they want to leave the tenancy early for various reasons. When this happens it is usually in the landlord and tenant’s best interest to reach an agreement as soon as possible.

How can you end a fixed term tenancy?

You can end your fixed term tenancy early if

1. Your tenancy agreement says you can, this means you have a break clause.

2. You can negotiate a surrender of fixed term tenancy with the landlord which could involve a re-assignment of the tenancy agreement or the tenant agreeing to pay rent for an agreed amount of time in order to allow the landlord reasonable time to find a new tenant.

The alternative for both parties when it comes to ending a fixed term tenancy before it contractually comes to an end would be to seek redress from the courts however in most cases it is usually more cost-effective and less time-consuming to come to an agreement.

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A simple landlord checklist to legally rent your house

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A simple landlord checklist to legally rent your house

Whether you are a first-time or seasoned landlord, it can be hard to stay on top of what you should and should not be doing. So we have pulled together a simple landlord checklist that you can use to rent out your property legally.

It is important to note that you will be governed by more than 145 pieces of legislation and the fact that there will be changing regulations when it comes to landlord obligations, it is important you stay up to date so you don’t break the law.

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Landlord Checklist

1. Make sure you have permission to rent out the property – if the house is mortgaged, make sure you have permission from the bank. If you have a leasehold and the local council is the freeholder, you need to ensure that you seek their permission first before renting out the property.

2. Check if you need to apply for licensing – if your local authority has introduced landlord licensing then it will be illegal to operate without one. All large Houses of Multiple Occupation (HMOs) require a license but even if your property is rented to fewer people, you may still need a license before you can rent the property.

3. Landlords will need to arrange to carry out the property health and safety requirements:

a. Gas safety – you will need to make sure all gas equipment and appliances are safe and in good working order.

b. Electrical safety – your responsibilities include making sure all electrical equipment and appliances are safe and in good working order. Click here to read more about ECIR updates.

c. Smoke And Carbon Monoxide Alarms – you will need to fit and maintain these alarms.

d. EPC – it is illegal to rent out a property with an EPC rating of F or G. The minimum EPC rating for new tenancies is set to be upgraded to C in 2025 (extended to all tenancies by 2028). Click here to read more about EPC updates.

e. Fire safety regulations – if you a renting your property furnished then you need to make sure all upholstered furniture, as well as loose furniture and upholstery, is fire-safe when tenants move in.

4. Right to rent checks – these are a legal requirement and you must check that your tenants have a right to rent the property.

5. Tenant deposit scheme – landlords are required by law to put their tenant’s deposit into a government-approved scheme until the end of the tenancy.

6. Landlord insurance – you risk invalidating your current buildings and contents policy if you do not make your insurer aware of your intention to let the property.

Do you rent out multiple properties or are you looking to start your journey as a new landlord? Let us know in the comments below.

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Top 5 simple energy saving tips for tenants

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Top 5 simple energy saving tips for tenants

As well as the cost of living crisis, everyone is also having to deal with high energy bills. Whether you are a landlord that has passed on the costs or you take on the costs of those high energy bills, this post is a must-read.

Why are our energy bills going up?

The UK’s current energy crisis has not been caused by any single thing, but in fact is a result of many things happening at the same time, one of which is the war in Ukraine. In brief, Europe has stopped buying gas from Russia, and Russia has stopped piping gas to other countries.

energy

So where does that leave the UK? Well now the UK has to buy gas from other countries which essentially means the price of gas has risen quickly and as such, high energy bills.

Energy saving tips

  1. Save power where you can.

Simple things like turning off the lights when you leave a room or unplugging appliances.  You should also consider buying smart, so if you need to replace an appliance, look at how much electricity it uses. Another great idea is to swap to LED light bulbs where you can.

  1. Use energy wisely

Practical steps like turning off all the appliances before leaving the house or closing doors to keep the heat in are great ways you can help to save money on your energy bills.  Other practical ways to save money on your energy bills could be loading your washing machine or dishwasher full rather than half loads or washing your clothes at a lower temperature 30-40°C will all make an impact.

  1. Think about how your cook

You have to eat, there is no doubt about that but the way you prepare your food could help you save on your energy bills.

If you are cooking with a gas hob, try cooking with a moderate flame because it only needs to be intense enough to heat the base of the pan. If you have to reheat your food, try using the microwave rather than the oven, it will heat up your food a lot quicker, therefore, using a lot less energy.

  1. Staying warm doesn’t have to be costly

If you are using the radiators, make sure there is nothing blocking it so that it doesn’t take as much time to heat up the room.  Think about the type of curtains or blinds you have as they can also help to reduce heat escaping the house. Also, dress warm, nothing wrong with adding a few layers on when you are in the house.

  1. Use technology

The final tip to reduce your energy bills comes in the form of technology.  You can choose to use a smart device to control your thermostat which gives you the ease of being able to turn your heating up or down via an app.

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Landlord Legal & Compliance Landlord Tax, Finances & Saving Costs Managing Your Rental Property

Making Tax Digital has Landlords worried – Be compliant in 3 easy steps

Making Tax Digital
Making Tax Digital

Making Tax Digital has Landlords worried – Be compliant in 3 easy steps

The rules for Making Tax Digital (MTD) for Income Tax will be coming into force from 6 April 2024 and it will affect landlords. Read on for how this government initiative will impact you and what you will need to do to prepare for the changes coming into effect in April 2024.

MDT

What is Making Tax Digital?

It is a government initiative to make tax administration more efficient and easier for taxpayers through the implementation of a fully digital tax system. The government says it is introducing Making Tax Digital to make it easier for people and businesses to manage their tax affairs and to help prevent avoidable mistakes that are believed to cost many billions of pounds a year in lost tax revenue.

Which landlords will be affected by Making Tax Digital for Income Tax?

This initiative will affect landlords with property income above £10,000. You must still file a Self-Assessment tax return (SA100) for the tax year before you comply with MTD for Income Tax Self-Assessment requirements. But once you do, you won’t have to complete a Self-Assessment tax return (SA100) each year.

Landlords with property income of between £1,000 and £10,000 a year will need to continue filing annual tax returns through the Self-Assessment process.

If you already use software to maintain your financial records, HMRC recommends asking your provider whether their software is or will be Making Tax Digital for income tax compatible.

MDT

How do you become Making Tax Digital compliant?

1. Maintain digital records – you must keep digital records of all your transactions. These records must be held digitally (e.g. invoice and expenses data) and kept for the required period after the tax year ends (currently five years). You will need to use MTD-compatible software to maintain and report digital records of your rental income and expenses.

2. Register for MTD – register for the digital tax service through your existing Government Gateway account. The GOV.UK website helpfully lists software that is compatible with Making Tax Digital for Income Tax. Making Tax Digital for Income Tax-compatible software can:

  • maintain business records as required by the regulations
  • prepare and send quarterly updates and end-of-period statements using the information maintained in your records
  • finalize your business income and submit your declaration after the end of the tax year
  • communicate with HMRC digitally through HMRC’s (application programming interface – API) platform.

3. File four tax returns a year instead of one – under the new rules, affected landlords will need to send a summary of their business income and expenses to HMRC every three months using compatible software.

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Landlord Legal & Compliance Maintenance, Repairs & Decorating Managing Your Rental Property

Key Repair Responsibilities – how to keep your tenants safe

repairs

Key Repair Responsibilities - how to keep your tenants safe

Landlords are responsible for most repairs in a privately rented property. However, landlords can only make repairs when they are told about them either via text message, email or using a third-party service like our Log A Job platform service.

What do landlords have to repair?

In the first instance, all repair obligations should be detailed in the tenancy agreement however, there are things that landlords are obligated to fix whether or not it is stated in the tenancy agreement. These responsibilities can’t be removed by anything your tenancy agreement may say and landlords aren’t allowed to charge tenants for any repair work that is their responsibility to fix.

repairs

So it is a good idea for landlords to have a sinking fund for these types of obligations so should they need to fix something urgently, there are funds available to use to help ensure landlords are meeting their legal obligations to keep the privately rented property in a state of good repair.  So things like

  • the structure and exterior of your home, i.e., the roof, the walls, the drains, windows etc
  • toilets, sinks, baths and drains
  • electrical wiring
  • radiators
  • water and gas pipes
  • heating and hot water

The timescales to fix a repair will depend on what needs to be done and how serious it is however in all cases the landlord must carry out repairs within a reasonable period of time.

Don’t tenants have responsibilities too?

Yes, tenants are responsible for some repairs as well as paying for it themselves. They are responsible for

  • fixing furniture or appliances they own
  • any damage caused by themselves, their guests and/or family guests
  • any minor repairs set out in the agreed tenancy agreement

Additionally, if tenants don’t take responsible care to keep things like toilets or drains clear, landlords can ask the tenant to pay the repair costs.

Need to fix a repair or breakdown?
price my job
Hire a Tradesman
assured shorthold tenancy
Landlord Blog
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We create this content for general information purposes and it should not be taken as advice. Always take professional advice. Please read our full disclaimer.

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