William Cook
Dispute Resolution
Top tips for landlords entering into an Assured Shorthold Tenancy
It is the most frequently used tenancy agreement for the letting of residential properties to private tenants yet so many landlords are not aware of the steps they need to take before entering into one.
Below are our top tips to landlords entering into an assured shorthold tenancy (“AST”):
- Ensure you have a Tenancy Deposit Scheme Certificate – all deposits taken by landlords for residential ASTs must be protected by a tenancy deposit scheme. If you do not have a tenancy deposit scheme in place, you may be liable for a fine up to three times the amount of the deposit.
- Check the Energy Performance Certificate is valid – under the Energy Performance of Buildings (England and Wales) Regulations 2012, where a building is let, a valid energy performance certificate must be made available. This must be provided at no extra cost to the tenant. If you fail to provide this, you may not be able to claim possession of the property.
- Make sure you have a recent Gas Safety Certificate – you are obliged to provide this to a tenant and ensure its’ validity for the duration of the tenancy. As above, if you fail to provide this to the tenant when entering the AST, you may not be able to claim possession of the property.
- Keep all Electrical Safety Certificates – you have a duty to ensure that electrical safety standards are met during the tenancy. Every electrical installation in the premises must be inspected and tested at regular intervals. You must provide the tenant with a copy of the inspection and test results as and when they are conducted.
- Download the “How to Rent” Booklet – you are obliged, at the commencement of an AST, to provide the tenant with the latest version of the How to rent: the checklist for renting in England, as published by the Ministry of Housing, Communities and Local Government. The latest version can be found online. As above, if you fail to provide this to the tenant, you may not be able to claim possession of the property.
- Keep a record – All of the above documents must be provided to the tenant when entering the AST. Landlords need to keep a record of how the documents were provide i.e.in person or by email, and on what date.
Janeet Jawanda, Trainee Solicitor in the Dispute Resolution team, said:
“Whilst many landlords will have agents dealing with tenants, it is still important for them to know what is expected when entering into an AST. It’s best practice for landlords to ask agents to also forward them any documents, as and when they are forwarded to the tenant. In situations where an agent has become insolvent, a landlord will struggle to obtain possession of their property if they lack the relevant documentation. If you have any questions about ASTs, contact our offices for advice.”