How Can I Stop My Tenants From Smoking?

If you have specifically advertised for non-smoking Tenants and if you have included a clause in the agreement stating that your Tenant should not smoke (and they should also not let anyone, like guests, smoke cigarettes, tobacco or other substances in your property) then you have every right to ask them to stop smoking.

In some cases, Landlords allow smoking in their property as their consent has been asked. If that is the case with you, then you should specifically inform your Tenant that they must first get your written consent before they – or their guests – can smoke inside your property. If you really are very much against smoking in your property, then you have the right to say no if they ask for your consent.Stop Tenants From Smoking

Laying down the law and enforcing it

Laying down the law on not smoking within a property is easier than actually enforcing it. If you suspect that your Tenant is breaking the rules by smoking within your property, then you have the right to make a request for them to stop forthwith. It is important to consider though that your tenant may not oblige, and they may refuse to stop. They may also deny your allegations that they are smoking and breaking your rules. What are you going to do then?

Your Options

As the Landlord, you have certain options when it comes to making sure that your Tenant does not smoke inside your property. Firstly, you can make them aware that you are very much against smoking by including a specific clause about it in the Tenancy Agreement. You can also advertise for Tenants that do not smoke.

In case you end up with a Tenant that does smoke, there are also options open to you. You can evict the Tenant on the grounds of breaking one of the Tenancy Agreement’s terms. The problem with this option is that you are going to have to attain a possession order from the court. The judge may easily agree to the eviction, but they may also consider that option to be harsh. In order to be sure that you can get the possession order, you must provide strong evidence that your Tenant smokes within your property. That should be enough to prove that your Tenant has breached the contract.

You can also inform your Tenant that if you catch them smoking inside the property, you are going to increase the rent after the initial fixed term or periodic term has ended. That should make them aware of how serious you are about your rules, and they may even consider kicking the habit for good.

It is important to bear in mind as a Landlord that you have the obligation to lay down the rules as clearly and precisely as possible. It is your duty to make your Tenant understand that the rules are created to be followed. If they have any problems with your rules, then they should find another place to live.

Landlord Guide on Referencing Tenants and Checklist?

It is understandable that finding new Tenants is one of a Landlords’ most important concerns. Sometimes though, with the focus so high on getting new Tenants moved in, Landlords forget to focus on other significant factors.

One such factor that can be commonly overlooked is referencing the new Tenants. Some Landlords get so excited when they get new tenants that they forget to investigate their backgrounds.Referencing Tenants Services UK

Referencing new Tenants is very important because they are going to be occupying a property for a period of time. This means, they have to be people that can be trusted to take care of the place. By proper referencing Landlords can effectively eliminate dealing with a rogue, deceitful or unreliable Tenants. Such Tenants can be problematic, and they can also be expensive to deal with. It would be better to let the property stay vacant for a while and wait for Tenants that will make you feel at ease, than accept Tenants that you know nothing about and take an unnecessary risk.

Of course, risks are always going to be there even if you know the background of the new Tenants, but it is better to be one step ahead of the game than be surprised later on. Some people may look nice and easy to talk to at the start, but they may turn out manic in the long run. You actually really would not know if your tenant is reliable until they have lived in the property for a few months, but being able to discover a few important details will help you make that decision on whether to accept them or reject them as Tenants.

Tenant Referencing Methods

Here is a checklist of the methods that you should undertake if you want to make sure that your new tenants can be relied upon.

  • Trust your gut instinct (this may not be the practical choice, but it can be a reliable source – your gut instinct should be able to tell you if the person you are talking to is genuine or not).
  • Demand for Identification (asking for ID is significant. Tenants should actually expect Landlords to demand proper identification documents. It is important that you know your Tenants are exactly who they say they are. In some areas it is actually a requirement for Tenants to provide identification and citizenship documentations, in order to control illegal immigration)
  • Credit Checks (Some Landlords do not use credit check services when referencing Tenants, but this is one good way to know if the potential Tenant has a good and reliable financial history)
  • Tenancy Application Forms (These documents are important. Tenants are actually like potential employees, and Landlords can be likened to employers. Your tenants should be able to fill in the form with the right information like:

⇒ Tenancy details – rental period, proposed start tenancy date and number of people who will live in the property
⇒ Personal details – Tenant’s full name, contact details and length of residency at their current address
⇒ Current Landlord information
Guarantor details
⇒ Employment information – current employment and salary details
⇒ Details on every potential occupier

The checklist provided can also be included with other means of referencing new Tenants. The important thing to keep in mind is that you need to make sure that your new Tenant has provided you with all the information required before they can move into the property.

Letting Agent Or Landlord Responsible For Securing Deposit Into A Tenancy Deposit Protection Scheme?

So, who is really responsible for securing the Tenant’s deposit into the deposit protection scheme? Is it the responsibility of the Landlord or the letting agent? The answer should really depend on whether the Landlord trusts the letting agent. Of course, it should be taken into consideration if the Landlord is using a letting agent. In case there is no letting agent involved the responsibility of protecting the deposit automatically falls into the Landlord’s hands.

Making Sure that the Deposit is Secured

Do you trust your letting agent? Are you certain that they are doing what they are supposed to be doing? Do you think that your agent is securing the deposits into the lawful tenancy deposit protections scheme?Tenant-Deposit-uk

Do you know what will happen in case your letting agent fails to secure the deposit? Do you have any idea that you could be involved in a heated argument once your Tenant has discovered that their deposit is not properly protected?

If you, as the landlord, has no common sense to make sure or check that your tenant’s deposit has been properly secured, then you have failed to do your job. It does not matter if the letting agent was bad enough to ignore securing the deposit. In the end, it is your fault as a landlord that the deposit has not been secured.

So, basically, whether you use a letting agent or not, failure to secure the deposit means big trouble for you. How do you avoid that bad result? By being smart enough to check the contract between you and the letting agent.

If the contract states that the letting agent is not tasked to protect the Tenant’s deposit, then you have full responsibility to secure the deposit. This means that the letting agent should pass the deposit over to you so that you can secure it within the allowed 30 days after they received it from the Tenants. You have to understand that it is your responsibility to make sure that the agent passes the deposit to you.

If in case the contract between you and the letting agent specifies that the letting agent has full responsibility of securing the Tenant’s deposit, then all liabilities fall into the hands of the agent if they fail to protect the deposit.

If you suspect that your agent failed to secure the deposit, then you must act fast. Your Tenant could pursue you and then you will have to face complaints. Of course, you should also pursue your letting agent.

It is always better to avoid getting into those complicated complaints and cases. The best way to do that is to be vigilant with your transactions. Always check with your letting agent so that you know if the deposit has been secured.

You have the responsibility to protect that deposit even if the task is supposed to be done by the letting agent. You answer to your Tenant and your letting agent answer to you. Do not let anything to go wrong, or else you will be facing a case while pursuing your letting agent.

Should New Landlords Use A Letting Agent?

Letting agents can be helpful for the Landlords. If you are a new Landlord, the chances are you have been advised to use a letting agent. You have the choice to go for it, but you also can get yourself educated with the whole process of finding Tenants on your own. Marketing your rental property can be an easy task if you know what to do. Once you have gained enough knowledge in the process, you may not have the need to use a letting agent’s service.

Finding Tenants and managing your property can mean a lot of hassles. That is the common reason why Landlords opt to have letting agents do the job, but consideration should be given that you may have to pay a sizeable amount of money for the services.

Letting Agents’ Job

Basically, a letting agent’s job includes finding, interviewing and vetting TenanLandlords use a Letting Agentts. They also do the paperwork, and they take care of the deposit and the rent for the first month. They do these tasks for the payment of 10% of the agreed rent. This kind of letting agent is one that offers the let-only service.

Some agents offer full management services, and this usually means paying then 15% of the rent (or in some cases more). In this service, the agent will be responsible for running the management of the property and the collection of rent. This is the ideal scheme for Landlords whose properties are far from their own residences, or those who are managing too many properties.

New Landlord’s Best Option

For a new Landlord, using a letting agent can be ideal if they want to avoid the hassle of finding and interviewing Tenants. However, if you want to really test the waters, it would be best to just do those tasks on your own.

By doing everything – from advertising the property, to interviewing and accepting the Tenants, to collecting rent and to managing the property – you will get to understand the whole process. The additional benefit is that you get to keep all the incoming payments.

The important thing that a new Landlord should bear in mind is that struggles and problems are always going to be significant parts of the whole rental process. Therefore, you should be ready to deal with all potential dilemmas.

It is recommended that new Landlords do their homework vigilantly if they do not want to fail. Failure is always a possibility. Even seasoned Landlords can fail – whether they are using letting agents or not.

The rental industry is not a very secure sector. No one can ever predict if the Tenants are going to be easygoing. The same thing can be said with the letting agents. Although some can be trusted, you can never expect everyone of them to be reliable.

In conclusion, trust your gut instinct and educate yourself. If you have a good feeling that you know enough, take the plunge and try to do what you think is best.

My Tenant won’t allow me to enter the Property for viewings?

Landlords and Tenants may have a good relationship, but there will come a time when a misunderstanding will ensue. This usually happens when the contract is about to expire and the Tenant is about to leave the property. Sometimes, Landlords want potential new tenants to be able to view the property while the current Tenant is still in residence. Some Tenants may be fine with that, but there are those Tenants that would rather not have strangers going to and from the property. This kind of attitude from Tenants is quite understandable.

Tenant’s Refusal for Landlord EntryTenant won’t allow me

So, the question is this: Can the Tenant refuse the Landlord entry for viewing? The answer is, yes. It is the Tenant’s given right to deny their Landlord access to the property for viewings – or even for general maintenance or inspections, for that matter. The Tenants are currently the ones holding the right to possession and lawful enjoyment and use of the premises, also bearing in mind that while the Tenant resides in the property, their belongings are in there. This may not seem reasonable to the Landlords, but that is just the way it is.

The law protects the Tenants. So, it does not really matter if the Landlord or the letting agent think otherwise. Until the tenancy agreement is terminated legally, the Tenant has the right to enjoy the premises, and they can easily deny anyone from entering the property. The landlord or the agent can only gain access after gaining permission from the Tenant. Therefore, if the Tenant refused, no one can enter the property.

The Case from the Landlord’s Perspective

Tenants have protection from the law. That means that the landlord cannot harass the Tenant to allow them entry into the premises for whatever reason.

If the Landlord can get the Tenant to agree to give them access for viewing, only then can they show the property to new potential Tenants. The need to have the property inspected by new people is important for Landlords. They are simply eager to make sure that the property will not be vacant for a long time after the current Tenant leaves.

The Best Solution

The truth is that most Tenants do not usually have any problem letting the Landlord gain entry for viewings. The trick here is to be properly co-ordinated, all the Landlord needs to do is to discuss the matter with the Tenant. The Tenant should be able to set a few rules. For instance, the viewing should only be scheduled at a time that they are home and available to accept the guests.

Also, the Landlord should assure the Tenant that the whole viewing process is not going to take longer than what is necessary. Tenants are naturally protective of their belongings, and while they are in residence, the property is legally among their belongings.

So, if you are a Landlord and you want to be allowed entry into the rented property, your best option is to co-ordinate viewing times with your Tenant. Discuss everything and assure your Tenant that you – and whoever it is who will enter the premises – are going to respect the privacy of the current occupants.