Tessa Shepperson

A few thoughts:

It sounds to me as if you have reason to complain about this agency. Under agency law agents have a duty to act in their principal's interests rather than their own. From what you say this agency may have pushed for a longer fixed term in order to get a bigger commission. I have known this happen in the past.

Some agents use several solicitors firms which does make it difficult to find a firm which does not have a 'conflict of interest' when looking for advice, bearing in mind that there are only a limited number of specialist firms in this area of law.

It is unfortunate that you do not have written proof that you asked for a 12 month agreement. It is always a good idea to confirm instructions to agents in writing in order to avoid just this situation. A tip for all landlords reading this!

You should not not agree to any 'renewal' of the fixed term with these agents, as fixed terms are due to be abolished when the Renters Rights Bill comes into force next year. I am surprised that they are asking this of you. This in itself could be cause for complaint.

In your question, you cite consumer legislation. I would mention that if you own the property via a limited company, you will not be able to take advantage of this. This is one problem about using a limited company in this way.

Overall, I do think you have cause for complaint.

My site has further guidance for landlords in this situation, which you can read about here: https://landlordlaw.co.uk/openaccess_trails/dealing-with-problem-letting-agents-a-guide-for-landlords/... Read More

I think their reasoning behind not challenging the removal of section 21 is that all political parties (except maybe Reform) have committed to this. So, there is no point in challenging it.

If they continue to challenge this point, it would be a waste of effort and could negatively affect their relationship with the government and any influence they might otherwise have had.

So they have decided (I assume) that instead it would be better to work with the government to make the transition as landlord-friendly as they can.

Which seems a sensible point of view to take. Others no doubt disagree!... Read More

We have a section in our Landlord Law tenancy agreements where we notify tenants that they must act in a 'tenant-like manner'.

https://landlordlaw.co.uk/landlord-law-tenancy-agreement-service/... Read More

This is a difficult issue and in many cases, there are no easy answers. I agree there are many properties where solutions are difficult, particularly if they are listed.

It may be that, in time technology will come to our rescue. For example by developing thin but effective insulation which can be installed on inside walls without making rooms (or passages) smaller.

Also as things like solar panels and heat pumps become more mainstream, they will get cheaper. Compare the cost of a personal computer in the 1980s with the cost now.

My article was a warning article to remind landlords that:

- Government and the authorities are unsympathetic towards landlords whose properties are subject to damp and and will give short shrift to claims that it is caused by the tenants’ lifestyle unless this is backed up by clear evidence
- Once the Renters Rights Bill becomes law, tenants will no longer be deterred by the threat of retaliatory eviction from bringing claims
- If a tenant succeeds in a claim that their property is unfit for human habitation, the usual award is 100% of the rent.

It’s up to you what you all do about this. All I am doing is issuing a warning.

But I suggest you try, if you can, to eliminate any damp issues before the bill gets the Royal Assent.

If you have done all you can, then make sure you have proper records to prove this. You may also want to check your insurance.

As regards owner-occupiers, I suspect they will come for us eventually.... Read More

I don't have any inside knowledge. But I know people have been saying for a while that EPCs are not fit for purpose. For example see this LandlordZone post from a few years ago https://www.landlordzone.co.uk/news/opinion-the-epc-ratings-system-is-not-fit-for-purpose

Here is another more recent article https://www.kammaclimate.com/news/2024/06/6-reasons-epcs-alone-are-a-poor-measure-of-energy-efficiency/

Whether something will be done about it is another matter, but I would not be surprised. Note that I am a solicitor and not a builder or EHO so cannot comment on technical issues.... Read More

I'm not suggesting you HAVE to have solar panels and heat pumps. So far as I am aware at present the legal obligation will be to bring properties up to C.

If your properties are already C, then you will have nothing more to do.

Although there is talk of reviewing the EPC standards. Which may impact on the work needed.... Read More

No need to tell anyone why you chose A over B. Just make sure you do not have discriminatory adverts and treat all applicants the same.

It says somewhere that they cannot prevent you refusing to let to someone who you don't think is able to afford the rent.

But if asked, my advice is just to say that you preferred the other applicant without giving a reason.... Read More

If tenants refuse to let you in, then again, keep detailed records.

Many tenants mistakenly believe that if they prevent repair work this will allow them to claim more in compensation if they bring a claim. I understand that some claims companies will also tell them this.

It's a good idea to write to them to disabuse them of this view. In fact, if they refuse to allow access, then they are themselves responsible if the condition in the property worsens plus, you will also have a defence to any claim for personal injury.

I wrote the article really to warn landlords that once section 21 is abolished, tenants will no longer fear retaliatory eviction and there may be a tsunami of claims brought. So best to get your property in good nick first and be in a position to prove this.... Read More

I hear what you say and agree. However, since the death of toddler Awaab Ishak, government (both Tory and Labour) have been determined to stamp out damp and mould issues in rented properties. They are not minded to accept claims that it is all down to tenant lifestyle - unless landlords are in a position to prove this.

So landlords need to protect their position by keeping proper detailed records, eg

Of work done to the property before it was let
After regular inspections
After tenants vacate

If as you say you have a similar property where there are no issues, then this is evidence for you. Keep records of this too.

My advice also is to use s21 while we still have it to remove problematic tenants and in future to be very careful indeed who you let in.... Read More

Again, you need to keep records of this. Judges (in any claim brought) will not be sympathetic to tenants if you can prove that they are causing damage by covering the fan and by selling dehumidifiers.

Provided you can prove that you have done all that you can.

However, with these particular tenants, you may want to consider using section 21 while it is still with us ...... Read More

The answer is to keep careful records so you will be able to prove (if challenged) that you have done all that you can and that the issues are actually due to the tenant's behaviour.

For example, data loggers (explained in our Dealing with Damp kit) can be helpful here.... Read More

It's really what you agree with your lodgers. As you are not a trader your agreement will not be subject to the Unfair Terms rules.

Make sure all arrangements are set out in a proper written agreement.

You may want to take a look at my free Lodger Landlord site which has guidance and links to where you can purchase forms: http://www.lodgerlandlord.co.uk/... Read More

This is an excellent article.

Our Landlord Law tenancy agreements have a clause prohibiting e-bikes and e-scooters without permission, and we have a letter that can be used when granting permission, which sets out safety rules that must be followed.

I suggest you all do something similar.

I suspect that with many tenants, it is just ignorance. Once they are told about the risk, hopefully they will take steps. After all, they will not want their family and all their possessions to be burnt to a crisp.... Read More

The problem of tenants failing to grant access for inspections and repairs is going to get worse once s21 is ended.

I have written a blogpost on this here https://www.landlordlawblog.co.uk/2024/08/24/seven-reasons-why-landlords-should-be-entitled-to-evict-tenants-who-refuse-access-for-inspections-and-repairs/ suggesting that landlords need a new ground for eviction. If you agree, re-tweet to @mtpennycook and @mhclg... Read More

At the moment, at the end of the fixed term, if the tenant is still in residence, they acquire a periodic tenancy under s5 of the Housing Act 1988. I doubt that this will be changed, unless they decide to do away with fixed terms altogether as the Renters Reform Bill wanted to.

I very much hope they don't decide to go down the route the Welsh gov did which required landlords to give new agreements to all 'contract holders'. That was a nightmare.

But as David says, no-one can say anything with confidence until we see the draft bill. Even then it can be changed right up to just before it becomes law.... Read More

Lodger situations can be HMOs but the rules are different from standard tenancies. I explain them in this page on my Lodger Landlord site https://www.lodgerlandlord.co.uk/will-taking-in-a-lodger-turn-your-property-into-an-hmo/... Read More

We have a free information site for Lodger Landlords https://www.lodgerlandlord.co.uk/, which links to our Your Law Store site https://www.yourlawstore.co.uk/ where you can buy Lodger agreements and other forms.

I suggest you read the Lodger Landlord site before doing anything, as there may be more admin than you think. For example, you will need to do a right-to-rent check.... Read More

Speaking as someone who spent a lot of time in 2022 reading the legislation on screen and creating guidance for landlords - it was a nightmare. I'm sure it has permanently damaged my eyesight!
The problem with the legislation and the mandatory terms to go in tenancy agreements was not so much the wording itself - which was pretty clear. It was the massive amount of cross-referencing.
Cross-referencing is really confusing for non-lawyers - and, indeed, qualified lawyers! I have three monitors on my work computer, and it was not enough when trying to work out what they were trying to say.
As the article says, there was also the problem with the 'big bang' approach. Particuarly as probably a substantial proportion of landlords in Wales do not read the landlord press and so had no idea it was coming.
I really, really hope that the English laws are introduced in a more measured manner. So I agree 100% with this article.
NB you can see my guidance here: https://landlordlaw.co.uk/member_page/the-wales-page/... Read More

It's probably the tenant's responsibility (if there is nothing in the tenancy agreement about it). As tenants are in charge of the property while it is let to them.

However, if you are concerned for the appearance of the trees and their condition (which could affect the appearance of the garden in future) you may want to consider arranging to get this done yourself. However, the tenant will need to agree for your gardener to have access for this.

Sometimes landlords arrange anyway for a gardener to attend several times a year. If you do this, make sure the cost is covered in the rent and that there is a clause in your tenancy agreement requiring your tenant to allow your gardener access.... Read More

Landlords can always sell with the tenant in situ. So, it's not true to say that landlords can't sell at all.

There is also the mandatory ground 1 if you need the property back to live in yourself. It's not mandatory to have lived there previously in that case.... Read More