As a landlord, we sometimes forget what we need to provide our tenants – have they got the correct Tenancy Agreement, where do I put the money for the deposit, how do I protect them and myself as their landlord?
We would advise that before becoming a landlord, you do your research on what you need to have in place.
For those who are existing landlords, we would advise that you make sure you are up to date with all the new legal changes.
When finding a suitable tenant to move into your property, you need to ensure you have the correct Tenancy Agreement in place, and that it is independently witnessed, and signed and dated correctly.
If a Guarantor is required, you will need to make sure you have the correct Guarantor’s Agreement in place.
More importantly, make sure to give your new tenants the prescribed information when signing the Tenancy Agreement.
So, what is the prescribed information?
Along with providing your tenant with the Tenancy Agreement, if you are taking a deposit, you are legally required to secure this in one of the Deposit Payment Schemes. You must do this no later than 30 days after receiving the deposit and signing the Tenancy Agreement.
Once you have secured the deposit in the relevant DPS scheme, you must provide your tenant with the DPS certificate – make sure to keep a copy for yourself. This shows the amount that has been protected, the date it was protected and the landlord and tenant information.
If you do not take a deposit, and this is stated on the Tenancy Agreement as No Deposit, which is not uncommon, please make sure that the below information is still provided to the tenant.
At the start of the Tenancy Agreement, you must provide your tenant with any previous Gas Safety Certificates and ensure gas safety checks are conducted annually.
Additionally, you must provide your tenant with the relevant EPC Certificate, the Electrical Certificate and more importantly, you are legally required to provide your tenant with the How to Rent booklet. This booklet provides your tenant with their rights and responsibilities, as well as the Landlords. It also contains a checklist for the property which will need to be signed by the landlord and tenant. Remember to keep a copy of everything you have provided to the tenant.
Do not get caught out – As a landlord you must not only protect your property and your tenant, but also yourself from disputes that can arise with the tenant.
Should you require any advice or assistance, please contact Maxwell Hodge.