Once again this week, landlords hit the headlines for all the wrong reasons. A landlord from Staffordshire found himself in court and handed down a jail sentence for threatening a tenant who was in arrears with his rent. The rogue landlord was carrying a knife and so left the judge with little option but to jail him. It is all so unnecessary!
Any prospective residential landlord would be well advised to get at least a basic understanding of any laws that have some bearing on landlord/tenant relations.
The best way to deal with a bad tenant is to stop him being a tenant in the first place. A landlord is quite entitled to do searches on possible tenants to help him determine if the applicant is desirable. It is always best to be upfront and honest when turning a tenant down, always give a valid reason (there must be one or else you would be turning good business down) but bear in mind that it is illegal to turn down people because of their race, religion, nationality, gender or physical impediment.
When you have finally decided upon a tenant then it is common practice to ask for a bond or security deposit. It is usually, but not always, a figure approximately equivalent to one month’s rent. Once again this gives some protection from having picked the tenant from hell but you must remember that when the tenant leaves there must be a valid reason for deducting money from the bond. Good reasons would be damage caused to the property by the tenant, rent arrears, and also property expenses. Whatever the reason for withholding part of the security deposit, the tenant should get a written notification that itemises each deduction. Of course a good Landlord Insurance Policy is worth its weight in gold if by chance you do get that nightmare tenant.
So you have been unlucky and have actually got a really bad tenant. Time to show them the door then, but make sure it is done within the confines of the law. It is for sure the tenant will have to be given written notice and also given the chance to mend their ways. Cutting off the heating and water supplies will be another no no. The best course of action is to get legal advice and it is possible that this may be included in your landlord insurance policy so check that out first.
Tags: Landlord Insurance, property law