rented then it is always sensible to get
a reference from the previous landlord
as well as proof of how the rent will be
paid each month.
Before a tenant takes up occupation
you should do a check in schedule,
ideally signed by the tenant. In
most cases this can be the check out
schedule from the departing tenant.
Make sure, if you use your own
tenancy agreement, that it has been
reviewed and updated because the
law does evolve rapidly in this area.
By far the most important aspect
of a new tenancy is the deposit
in the current environment. You
must register the deposit with an
authorised tenancy deposit scheme
within 30 days. You must also, within
that time provide the tenant with
what is known as the prescribed
information. The tenancy deposit
scheme should assist you with this but
do not rely on the scheme to do it for
you. Always send it by both recorded
delivery and normal post so that you
can prove receipt.
Even though a number of tenancy
agreements sometimes include
the “prescribed information” in the
tenancy agreement it is unlikely that
all of the information, for example,
the reference number, will be known
at the time the tenancy agreement is
signed. You should therefore always
serve it separately as well.
If you fail to comply with the tenancy
deposit scheme requirements to
register and provide the information
then you open yourself up to having
to pay out the deposit as well as a
fine of up to 3 times that amount.
Further, you cannot serve a notice
to determine the tenancy, unless the
tenant is behind with his rent, until
you have returned the deposit to the
tenant and “confessed”.
The law in this area frequently
changes and it is important to keep
on top of any changes. If you are
unsure about anything please do not
hesitate to contact us as a little advice
can save you a lot of grief in the
long run.
P2