Landlord Legislation the Government has planned for 2018

This year  2018 will be a busy year for legislation if you are a landlord.

So over the 12 days we will be giving you a daily outline of the upcoming legislation. Some of the legislation is in the pipeline and  may not come into force until next year, however it’s good to be aware.

no surcharge

Day 1 – Electronic payment charges

From 13 January 2018 a landlord or agent for that matter, can no longer add a surcharge when taking electronic payments  from your tenants i.e Paypal, credit, debit card or mobile phone payments.

 

Can’t find a Tamworth buy to let deal? Visit the Tamworth Property Blog at www.tamworthpropertyblog.co.uk where I am finding some gems.

https://www.facebook.com/Hallandthompsonestateagents/

https://www.youtube.com/channel/UCyF9OUR3g6E8HywCx7tU4DA

http://www.hallandthompson.co.uk

Ask Lorraine – My sole trader letting agent has died and his accounts are frozen!!

🙋 Landlord’s Question: 

“I’m a landlord of two houses. I use an agent to manage them. He is a sole trader and really the business is him. RIP
He was a terrific man and sadly he died last week.
I spoke with his widow when the rent for one of the houses didn’t come to me. She explained about his death and that the bank account to which the rents go to have been frozen by the bank.
I want to support her as much as I can, but at the same time need to ensure that I can recover any monies due to me and all future monies are not frozen.
Can you help?”

ask Lorraine

Lorraine’s Answer

This is very sad for all concerned.

If he was a sole trader, then all contracts that you had with him ceased at the point he died.
If the account was frozen, the tenant should have had the money returned to them. However, if any money is still sitting in his account owable to you, you may find it trickier to claim, although I am sure that his executor will be cooperative.
I think that the money might need to be returned to the tenant and for you to then have them pay you directly.
Obviously important to get new payment details to the tenants as well.

As he was a sole trader, anything he owed to you must now be paid to you by his estate. Write to the executor and / or his wife asking for the money, albeit with some tact.

As the management contract was ended by his death, you are free to make arrangements with any other agent you wish.

Until next week.

If you are a landlord or thinking of becoming one for the first time and you want to read more articles like this about the Tamworth Property Market, together with regular postings on what I consider the best buy to let deals in Tamworth (out of the many of properties on the market, irrespective of which agent is selling it) then feel free to get in touch!

Email me on Lorraine@hallandthompson.co.uk or call on 07531484956.

If you enjoyed reading my article, feel free to take a look my other online resources below:

Follow The Buy-To-Let Property Investment Market in Tamworth

Lorraine’s Tamworth Property Market LinkedIn Page

Hall and Thompson Estate Agents Tamworth Facebook Page

Tamworth Hall and Thompson Estate Agents Twitter Page

Ask Lorraine – My tenant is refusing me access so that I can do my annual checks. What can I do?

🙋 Landlord’s Question: 

”Dear Lorraine,

My tenant is refusing access so that I can do my annual checks. What can I do to ensure they give me access?”

Lorraine’s Answer:

At this time of year, we often receive calls from landlords about problems they are facing in gaining access to rental properties.

When a landlord lets a property he is agreeing to give the tenant exclusive possession of that property and quiet enjoyment.

Check your tenancy agreement that you have a section which covers right of entry. Without the tenants permission or unless of course there is a real emergency you could be charged with trespass and the tenant could well claim damages against you or your agent. Not a nice thought when you are only trying to do your job!

Access is only permitted in one of two ways – a provision in the tenancy agreement or where the law grants a right of access, for instance, an emergency or to inspect or carry out repairs.
Landlords and agents should always give tenants notice of their impending visit, check your tenancy agreement as to the amount of notice you have to give. If the amount of notice is not stipulated on the tenancy agreement, landlords can use s11, Landlords and Tenant Act 1985 which allows access for repairs as long as landlords or agents give 24 hours notice prior to entering a rented property.

Landlords and agents should always look to give reasonable notice for access, keeping on friendly terms with tenants does help, however if the tenant is being unreasonable and constantly refusing access then the landlord or agent faces a very difficult situation. Speak to the council they may be able to help, after all if the tenant makes a complaint about the disrepair of the property to them, the council are quick to act then. Last and my least favourable option, due to the expense is to seek an injunction in the court to force your access.

It won’t hurt to be a good and friendly landlord, after all a bit of sugar goes a long way.

Until next week.

If you are a landlord or thinking of becoming one for the first time and you want to read more articles like this about the Tamworth Property Market, together with regular postings on what I consider the best buy to let deals in Tamworth (out of the many of properties on the market, irrespective of which agent is selling it) then feel free to get in touch!

Email me on Lorraine@hallandthompson.co.uk or call on 07531484956.

If you enjoyed reading my article, feel free to take a look my other online resources below:

Follow The Buy-To-Let Property Investment Market in Tamworth

Lorraine’s Tamworth Property Market LinkedIn Page

Hall and Thompson Estate Agents Tamworth Facebook Page

Tamworth Hall and Thompson Estate Agents Twitter Page