Residential Letting & Property Management
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Can I prevent a tenant or guest flying a drone over the property?
Read more: Can I prevent a tenant or guest flying a drone over the property?It is not necessarily illegal to own or fly a drone. The legislation surrounding the use of drones is complicated and is dependent on where they are used, when they are used, how often they are used, the weight of the drone, the altitude the drone is flown at, whether the drone has the capability to carry a camera and the drone is being used for a commercial operation or recreational use. Including a condition within the tenancy agreement (or house rules) preventing a tenant (or guest) from flying a drone raises a few questions: By whom, how and when…
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Is it possible to grant a 12 month contract with a 6 month break clause?
Read more: Is it possible to grant a 12 month contract with a 6 month break clause?Yes – however in our opinion break clauses simply confuse the matter. If there is power to end a tenancy after six months, why not simply grant a six month tenancy and let it run on (roll over/hold over)? Any such clause in the tenancy agreement might read: The landlord or the tenant may determine the tenancy hereby created at or at any time after the end of the first six months of the tenancy provided one month’s prior notice in writing of such desire is given to the other party. Still not answered your question? We love questions so…
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Can a tenant withdraw their notice to quit?
Read more: Can a tenant withdraw their notice to quit?Not unilaterally – if the tenant served a Notice To Quit in accordance with the terms of the Tenancy Agreement and the landlord accepted it, the notice is valid and the landlord can seek possession of the property (via the courts) if the tenant does not leave on expiry of the notice. Under section 18 of the Distress for Rent Act 1737, if a former tenant serves notice to quit but remains in occupation following expiry of the notice, the landlord is entitled to double rent for the period from expiry of the notice to the date the tenant vacates.…
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If I cancel before the commencement date of the tenancy what costs will I incur?
Read more: If I cancel before the commencement date of the tenancy what costs will I incur?The Holding Deposit will be refunded less any reasonable costs, the sum total of which may equate to or exceed the amount of the Holding Deposit. The reasonable costs includes losses for potential rent. Losses for potential rent calculated on a daily basis as follows: Monthly Rent (£) multiplied by 12 (months) divided by 365 (days). The period for calculation of losses for potential rent will begin on the date this agreement is signed and dated (Dated) and will end when any of the circumstances in section 3 of these Terms and Conditions occurs. Still not answered your question? We…
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Do landlords need to register with ICO?
Read more: Do landlords need to register with ICO?Yes – a consequence of being a landlord is that you control personal data I.e. data about your tenant – in data protection law you are known as a data controller. In the law of agency, a principal (in this context a landlord) expressly or implicitly, authorises an agent (in this context a letting agent, gas engineer, inventory clerk etc.) to work under his or her control and on his or her behalf. In terms of data protection, an agent is acting as a data processor, processing data on behalf of the principal who is the data controller. In accordance…
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What is the purpose of a periodic visit?
Read more: What is the purpose of a periodic visit?A. View the condition and state of repair of the property: Periodic visits are not: Still not answered your question? We love questions so fire it at us using the contact details here
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On a landlord’s gas safety check, does a ‘visual inspection’ meet the requirements when checking a gas hob?
Read more: On a landlord’s gas safety check, does a ‘visual inspection’ meet the requirements when checking a gas hob?No – Regulation 36 (9) of The Gas Safety (Installation and Use) Regulations 1998, which details a landlord’s duties, states the following about safety checks: (9) A safety check carried out pursuant to paragraph (3) above shall include, but shall not be limited to, an examination of the matters referred to in sub-paragraphs (a) to (d) of regulation 26 (9) of these Regulations. Regulation 26 (9) states: Where a person performs work on a gas appliance he shall immediately thereafter examine— (a)the effectiveness of any flue; (b)the supply of combustion air; (c)its operating pressure or heat input or, where necessary, both; (d)its…
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Can a landlord make it a condition of a tenancy that the tenant must give 2 months notice?
Read more: Can a landlord make it a condition of a tenancy that the tenant must give 2 months notice?Yes – however there are some things to be aware of depending on whether the notice period applies to a fixed term tenancy or a periodic tenancy and whether the periodic tenancy is statutory or contractual. Termination During Fixed Term Tenancy For leases with a long fixed term (typically more than 12 months) it is common practice to include notice periods of more than one month in tenancy agreements as a condition of a break clause, assignment of the tenancy or underletting. Termination During Periodic Tenancy If a tenancy is allowed to roll over (or hold over) and become a statutory…
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Where it says Landlord/Agent initials – this has been marked with a tick rather than the initials – is this correct?
Read more: Where it says Landlord/Agent initials – this has been marked with a tick rather than the initials – is this correct?Yes – it matters not whether initials or a tick are used in the footer of each page of the tenancy agreement the effect is the same: As an indication that the person signing the agreement has read, understood and agreed with the contents of that page – as the IP address and precise time (timestamp) of each tick is recorded along with the IP address and timestamp of the signature, this is sufficient evidence it has been initialled/ticked by the same person who signed the tenancy agreement. As an indication no extra pages have added into the tenancy agreement after…
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The Agent will not be managing the property – so why is the Agent signing the contract?
Read more: The Agent will not be managing the property – so why is the Agent signing the contract?A condition of the Client Agreement between the landlord and agent is that the agent is responsible for preparing and signing as agent for the landlord a Tenancy Agreement. Still not answered your question? We love questions so fire it at us using the contact details here Please rate this article so we know how well it answered your question…