Ten common legal mistakes made by landlords

The rules and procedures may vary depending on type of tenancy but all landlords have certain obligations and rules to adhere to when they let their house or flat to someone. Here are ten of the most common legal mistakes landlords make.

1. Disturbing tenants

Landlords often feel that as they own the property they have a right to access it whenever they like. Unfortunately the law says otherwise and while landlords may need to access the accommodation to carry out inspections or maintenance work, they must give the tenant notice. The length of this notice period should be included in the tenancy agreement.

2. Entering the property at unsuitable times

Not only does the landlord need to give the tenant notice, he or she must only request access to the property at ‘reasonable’ times of day. The times when access may be required should be set out in the tenancy agreement.

3. Visiting the property too often

Landlords who visit the property too often or who visit at unsuitable times may find their behaviour classed as harassment. This is a serious criminal offence and can lead to fines and even imprisonment.

4. Not maintaining the outside of the property

Repairing and maintaining the exterior structure of the property, including the roof, chimneys, walls, guttering and drains is the responsibility of the landlord not the tenant. The tenant may have responsibility for some minor repairs and maintenance, such as gardening and decorating, depending on the terms of the tenancy agreement.

5. Failing to meet safety standards

Landlords are legally required to ensure the safety of the tenants living in their house or flat. They must have a gas safety certificate for every appliance in the property, issued by a registered gas engineer. This certificate must be renewed every year. Landlords also have to ensure that any furniture in the property meets fire safety standards and must check that any electrical equipment in the property is safe.

6. Failing to keep supply equipment in safe working order

Landlords have an obligation to keep any equipment used to supply water, gas or electricity to the property in safe working order.

7. Not following the correct eviction procedure

Landlords must follow eviction procedure if they want a tenant to leave and this usually entails giving the tenant formal written notice followed by a court order if necessary. Trying to force a tenant to leave without following this procedure may be classed as an illegal eviction, which is a criminal offence.

8. Refusing to accept rent

Landlords who want a tenant to leave cannot simply refuse to accept their rent. Rent should continue to be accepted while the eviction procedure is taking place.

9. Increasing rent

Rent can be increased but only at certain points in the tenancy and as set out in the tenancy agreement. Landlords cannot increase rent at any other times.

10. Failing to provide contact information

All landlords must provide tenants with their full name and address, even if the property is managed by a letting agent.