Help Make Ends Meet By Offering A Room To Let

It is a sad fact of life, but nothing is 100% certain. Unfortunately, we sometimes have to deal with a traumatic change, such as a relationship finishing or a job loss. Both of these can cause both emotional and financial hardship - especially to people left struggling to make ends meet.

One solution that for those facing financial hardship may want to consider is offering a spare room to let to a student or young professional. The welcome income that comes from offering a spare room to rent can make all the difference to a cash-strapped homeowner or tenant.

Plus, if the spare room to let is in your home and fully furnished it should qualify for the Government's Rent a Room Scheme. Through this Scheme a homeowner or tenant can currently earn up to £4,250 of rental income tax-free, although they will need to pay tax on any rental income above this threshold.

How the Rent a Room Scheme works

The Government's Rent a Room can be of help to homeowners and tenants that want to take in lodgers and boost their income. Here are the Scheme's main rules:
• The room to let must be fully furnished and part of your main residence.
• A separate self-contained flat will not qualify as part of the Scheme.
• You don't have to be the homeowner to take advantage of the Rent a Room Scheme. A tenant can also take advantage of the scheme providing they have the landlord's consent.
• You can offer a room to rent in either a flat or a house, providing that it is fully furnished and part of your main residence.

Income tax and the Rent a Room Scheme
Whether you'll benefit from offering a room to rent under the Rent a Room Scheme will depend on your particular circumstances. Bear in mind that if you offer a room to let in your home under the Scheme you can't claim expenses, such as utilities bills, repairs, council tax or insurance.

So, before you decide to opt into the Scheme with your spare room to rent you should look at all your expenses (including council tax) and the total rental income to see if you are better off in or out of the Scheme.

If your costs are fairly hefty, then you may be better off declaring all your rental income and claiming your expenses, so that you are only taxed on the net income.

If you don't usually file for income tax and decide to opt into the Scheme, and your income is below the tax threshold (currently £4,250) the income tax exemption will be automatic and won't require any actions on your part.

If want to opt in and the amount you earn is above the tax threshold, you will need to inform your tax office. This can be done by filing in a tax return and claiming the tax-free allowance.

If you think you are better off claiming expenses you can opt out of the Scheme by simply completing a tax return, making sure you declare all the earnings and expenses from renting your spare room on the relevant pages.

If you are finding it hard to make ends meet because of a change in your circumstance, becoming a live-in landlord through the Rent a Room Scheme may be a good way to help get a bit of extra income to help pay the household bills. Offering a spare furnished room to rent may give you that financial cushion you need.

For more information about marketing rental property contact to vibha@u-rooms.com or to list your property contact u-rooms.com

Article Source: http://EzineArticles.com/?expert=Samul_Swan

Letting Tips for Landlords Renting Property to Students

Here are further tips and advice for landlords letting rental property for students. A potentially high maintenance sector of the property rental market can be made easier for landlords by following these helpful tips.

An Inventory or Schedule of condition is vitally important when landlords let a property to students. Landlords should try and find a free example of an inventory on the Internet and compile a detailed 'Inventory, Schedule of Condition and Safety Check List'. It is worth landlords spending time on compiling an inventory that records every detail of a rental property, its contents, decoration and condition so that any damage or loss occurred during a tenancy can be claimed back.

The safety section should include: number of smoke/heat alarms, carbon monoxide alarm, make a note 'all tested and in working order'; Landlord's Gas Safety Certificate, PAT (Portable Appliance Test certificate of the Landlord's electrical goods) and the 5 year, electrical certificates all supplied; burglar alarm, include note 'demonstrated and in working order' and fire safety equipment has been checked.

Landlords should attach photos, dated and signed by both tenant and landlord on the reverse. They should include photos of all rooms, showing positions of furniture plus key potential problem areas such as inside the cooker, behind kitchen appliances, cleanliness of lounge carpet and the condition of the garden and lawn, if they are maintaining this area.

Landlords should write 'cleaned to a good standard' against rooms in the inventory and provide a definition, so there can be little doubt as to what this means, such as: ''No dust or debris behind, underneath and on top of furniture, fixtures and appliances; cookers are clean and virtually free from burnt on grease, particularly on oven racks and trays; fridges, freezers and microwaves are clean and empty; Venetian blind slats, curtains and covers are clean; hard floors are mopped and any mirrors are clean; bins are washed; walls are free from washable marks and blu-tak type stains.' and so on. A detailed inventory will support claims for damage and cleaning at the end of the tenancy.

Checkout leaflet

Landlords should devise a simple checkout leaflet, outlining the procedures and expectations at the end of the tenancy. Give it to the students at the start of the tenancy. When issuing a Section 21 notice, probably towards the end of the tenancy, remind them about the checkout leaflet.

Duty of care

A landlord's 'duty of care' should include a thorough safety check of their buy-to-let property. A landlord should also provide a 'Household Folder', packed with helpful information. Contents could include: Moving and Living in the Premises, Student and Landlord Responsibilities, General Health and Safety, Location of Services in the House and Electrical Safety, Disposal of Refuse, Condensation, Pest Control, Use of Candles, Noise, Nuisance and Neighbour Disputes, Who is Responsible for what Repairs, Cleaning, Visits by the Landlord, Crime Prevention, Fire Safety, First Aid and Useful/Emergency Telephone Numbers. The landlord's 'Household Folder' could also contain the legal certificates, instructions on the use of appliances and the buy-to-let investment's property's checkout leaflet.

Avoid the Tenancy Deposit Scheme (TDS)

Landlords should stop taking a security deposit and avoid the Tenancy Deposit Scheme altogether. Instead when the contract is signed, landlords should charge each student tenant a perfectly legal, £50 non-returnable administration fee. Landlords shouldn't bother paying for a credit reference check. Students usually have very little credit history. Instead, landlords should create a separate guarantor agreement, which is usually a parent, for each tenant and include 'joint and several' responsibility. Landlords should remind guarantors that if they default 'you may record this with a Credit Referencing Agency and IDS Ltd, who may supply the information to other credit companies or insurers in the quest for the responsible granting of tenancies, insurance and credit.' Landlords should give guarantors the checkout leaflet, so they understand the standards expected at the end of the tenancy. Landlords should make sure the agreement is a deed by including the statement 'This document is a DEED and has been executed as a DEED. This Deed of Guarantee is governed by English Law and is subject to the exclusive jurisdiction of the courts of England and Wales.' Increasingly foreign students rent buy-to-let property and in an extreme case landlords don't want to end up in a foreign court. If landlords are storing guarantor details, register under the 'Data Protection Act'.

If you as a landlord no longer take a security deposit; you must not harass students for money for damage and lack of cleaning, instead send a duplicate copy of your request for compensation to the student's guarantor and they will do the legal harassment for you. Landlords should keep copies of all correspondence.

Insurance cover for a landlord's emergency plumbing

Landlords should purchase 24-hour emergency plumbing cover. One example of this is British Gas Homecare Agreement for central heating, plumbing, drains and electrics. The British Gas plumbing and drains insurance will cover the replacement of a washer in a leaking tap.

As far as the tenant's responsibility for replacing tap washers, I would suggest a landlord includes a general clause in the tenancy agreement such as:

'Replace all defective electric light bulbs, fluorescent tubes, starters, fuses, tap and flexible pipe connections to a washing machine washers and vacuum filters and belts ensuring all reasonable safety precautions are observed.'

Landlords should ensure that all their properties have accessible inline valves in the pipe work, so that leaking taps are easily isolated in order for the repair to be carried out by the tenant, if necessary.

Tenantable Repairs

Landlords should also include the following under the definition of Tenantable Repairs in their modified tenancy contract which aims to shift the responsibility for minor repairs onto the tenant & make this clear from the outset:

"Tenantable Repair" means you are responsible for carrying out safely, day to day small repairs that any home-occupier would normally do e.g. re-hanging a
cupboard/wardrobe door, replacing light bulbs and batteries, tightening screws on furniture and fixtures, refitting a door handle, bleeding radiators
of air, replacing a tap washer, removing mould, refitting a toilet seat or toilet roll holder, tightening or replacing a washer in a flexible water pipe on a washing machine. This list is indicative and not prescriptive of the types of reasonable every day repairs that need to be done to keep the Premises in the same condition as at the start of the Tenancy. This excludes items, which the Landlord has responsibility in law.

How does it work? The tenant either makes the repair. This is easy with inline valves in place or in one particular case they paid for someone to do it for them.

I suggest that it offers a landlord a way of reducing their repair costs. We would suggest that the wording in the clause is slightly amended to include the following sentence as well.

"BUT nothing in this clause imposes on the Tenant any duty placed on the Landlord by:
a. s.11 of the Landlord and Tenant Act 1985; or
b. this Agreement."

Landlords in interpreting tenant repairs & responsibilities may find it useful to refer to Lord Denning judgment in the case Warren v Keen (1954)

Warren v Keen (1954)

(Court of Appeal, 1953)

In this judgement, Denning LJ stated:

"What does 'to use the premises in a tenant-like manner' mean ? ..The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys when necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when, it is blocked by his waste. In short, he must do those little jobs about the place, which a reasonable tenant would do. In addition, he must, of course, not damage the house wilfully or negligently; and he must see that his family and guests do not damage it; and if they do, he must repair

Chris Horne is an experienced landlord and property professional who now runs the website Property Hawk, a site aimed directly at UK Landlords. The site incorporates free property management software that enables landlords to track all their financial data relating to their portfolio. It allows users to print tenancy agreements and other forms FREE FOREVER. The site generates a real time rent book for each property as well as calculating a landlords tax liability. The service is totally free to use at http://www.propertyhawk.co.uk

Article Source: http://EzineArticles.com/?expert=Chris_Horne

Discover Two Ways to Get Rents Paid Early

The problem of getting rents paid early, or at all in some cases, is an age-old problem for landlords, but there are at least two solutions. Every landlord has heard unbelievable stories of why tenants can't pay their rent on time and many seem to be willing to pay a penalty instead of just paying on time.

Some landlords might view these late payers as a benefit because they are actually getting more rents that they planned on when they rented the apartment. However, the next step is for the tenant to pay later and later and eventually stop paying. This leads to an eviction which ultimately costs more than the few extra dollars of late payments the landlord received.

The cost of filing an eviction varies greatly from state-to-state but can easily be from $190 to $500+, and this does not include attorneys' fees. A shrewd landlord will process his own eviction notice and process the case himself through the court system. This works well, especially with practice, until the tenant gets himself an attorney who only represents tenants and who "murders" the landlord in court. Many states allow the tenant to be paid many times their monthly rent plus attorneys' fees if the court rules in their favor. If you haven't heard this already, "Tenants have more rights than landlords", so be careful out there!

So let's look at the problem and two possible solutions. First, the landlord should heed the warning signs of late payments - something is wrong and it may be resolved short-term, but the end result will likely be an eviction. If the tenant is always paying late, work out a bi-weekly or weekly payment plan so the tenant pays as he goes. This generally keeps him from spending his money as quickly as he gets it, and it will give the landlord an early warning signal if there is trouble in paradise. This method actually takes a great deal of stress off the tenant because he doesn't have as much time to be irresponsible as when he only pays every 30+ days.

The other option to get the tenant to pay timely is to give him a discount for paying early. This is a more common practice when investors do lease options, but the rent payment concept is identical. With a lease option, the tenant gets a credit at closing of the purchase of the property for paying timely, or early every month - if he exercises his purchase option AND he has paid timely every month. This money is actually given as a reduction in the purchase price or as a seller credit at closing.

However, when a landlord gives a tenant a rent credit or reduction, the funds come off the amount of the rent due each month. For example, if the rent you want is $850 and due on the first of each month, then your discount program should charge $900 with a $50 discount for early payment, but only if the tenant pays by the 25th of the previous month. If the tenant pays by the fifth of the month the rent is due, he loses his discounted rent completely and starts paying $900 for the rest of his lease. Most tenants like the idea of saving the money more than they worry about paying a late fee or a higher rent.

If you find that an incentive program isn't working and the tenants are paying late, try re-working their payment frequency because they may have a problem with when and how often their employer pays them. If this re-scheduled payment plan isn't working, start serving them with eviction notices as soon as the rent is one day late. Above all else, get any new payment program in writing because the tenant should be evicted if he violates the new terms of the lease addendum and should be evicted.

Dave Dinkel has been a real estate investor since 1975. Dave's focus in the past few years is educating the public in a manner that doesn't' amount to paying for a master's degree. Dave's recent contribution to this end is his e-course called "48 Ways to Create a Massive Buyers List" which can be seen at http://www.MakingaBuyersList.com

Article Source: http://EzineArticles.com/?expert=Dave_Dinkel

Ensure Tenancy Agreements Are Not a Source of Disagreement

Renting any home means entering into a legal agreement - a tenancy agreement setting out the rights, duties and responsibilities of both tenant and landlord.

Nowadays, (since introduction of the Housing Act 1988) most tenancy agreements are what are known as assured shorthold tenancy agreements (ASTs for short). These 'assure' the landlord that he or she can, if desired or necessary, regain the property at the end of the agreed rental period. They also assure the tenant or tenants that unless there is a serious breach of the tenancy agreement, he, she or they, can remain in residence at the very least for six months.

For this reason assured shorthold tenancy agreements are most commonly for six month periods only. Tenants can then be asked to leave at the expiry of the six months.

Alternatively, when the fixed term expires, the landlord may grant the tenants a further fixed term tenancy agreement, or simply allow them to stay on under the same terms. In such circumstances there is no need for a new tenancy agreement; the tenancy simply becomes a 'periodic tenancy'. Tenants can quit periodic tenancies by giving the landlord one month's notice, and may be required to leave on receipt of two months' written notice.

Tenancy agreements provide landlords and tenants with both the express rights and obligations spelled out in the tenancy agreement (always provided these are not at odds with the Housing Acts, with common law rights, or could be deemed 'unfair'. So, for example, a landlord may not require tenants to give longer periods of notice than is laid down in law, or claim the right to give shorter notice than required).

Irrespective of what the tenancy agreement says, tenants are entitled to the 'quiet enjoyment' of their home and landlords may not demand access without notice or enter the premises when the tenants are not present. Landlords have a duty of care towards their tenants, and tenants have a duty of care towards the property they are renting.

Tenants are also entitled to feel safe in their rented home and to be assured of this by being given a copy of a current gas safety certificate, and (if the property is furnished) knowing that all the furniture provided has appropriate fire safety labelling.

This does not mean that there is one standard form of tenancy agreement, and landlords and tenants have scope to agree a considerable number of the terms included. Perhaps the most important are the rent to be paid, when it is payable, whether in advance or in arrears, whether a deposit is paid, and whether furnishings are provided or not.

Unless stated otherwise, private sector tenancy agreements entered into since February 1997 are automatically shorthold assured tenancy agreements.

But there are exceptions - holiday lets, where no rent or a very low rent, or a rent in excess of 25,000 GBP is charged, where the tenant is a company, or where the accommodation is shared with a resident landlord. For these exceptions, different types of agreement are needed - 'common law' tenancy agreements which stand on their own merits outside the restrictions and protections of the Housing Acts.

In England and Wales, unless the tenancy agreement is to be for a fixed period in excess of three years, the tenancy agreement could be verbal (even so, certain information - about deposits, gas safety and energy performance - must be provided by the landlord in writing). However, a written tenancy agreement is strongly advisable in all cases since verbal agreements are notoriously difficult to enforce.

Tenancy agreements may be between the landlord and one tenant or a number of tenants - for example a couple living together as partners. From the landlord's point of view, two or more signatories to the AST are better than one since each will be 'jointly and severally' liable for the full rent - meaning that if one does not or cannot pay, the other tenant is responsible in law for the entire amount.

Houses can also be divided into multiple tenancies where each tenant has exclusive use of a particular part of the property (say a bedroom) specified in the tenancy agreement, with access to and use of common areas. It makes sense to have multiple rather than joint tenancies where the tenants are not related and may intend to live in the property for different periods.

Tenancy agreements are important documents, enforceable in law, and both landlords and tenants should take great care before signing such agreements. They must be satisfied that the agreement contains only terms with which they are able and content to comply.

Residentiallandlord.co.uk provides a complete online resource for all UK buy to let investors. As well as comprehensive and up to date information there is also a document download centre which includes our much praised downloadable tenancy agreement.

Article Source: http://EzineArticles.com/?expert=Karl_Hopkins

The Tenancy Agreement And Responsibility For Repair And Maintenance

Responsibility within a tenancy agreement

One of the major issues relating to the renting and letting of property is that of maintenance and repair regarding the tenancy agreement. Who's responsible if the roof starts leaking,the central heating system breaks down? Even if the landlord and tenant have a comprehensive tenancy agreement that covers these matters in full, various Acts of Parliament often overrule the tenancy agreement. The law is not contained in any one single statute: it is a mixture of common law (judge-made law) and various statutory provisions designed to deal with diverse matters including tenancy agreements.

Primacy of terms in a tenancy agreement

In common law landlord / tenant liability for repairs is governed by the tenancy agreement. The terms of that contract ( tenancy agreement) may be set out expressly (express terms) or may be implied by law (implied terms). Some of these implied terms are implied by common law, others by Acts of Parliament known as statutory implied terms. The common law implied terms can be overridden by express terms of the tenancy agreement but the statutory implied terms cannot generally be ousted by the tenancy agreement, which makes the statutory implied terms extremely important to the tenancy agreement. It is therefore important for a tenancy agreement to look at:

* The express terms of the tenancy agreement

* The common law implied terms of the tenancy agreement (but bearing in mind that these can be excluded if the tenancy agreement says otherwise)

* The statutory implied terms within the tenancy agreement (bearing in mind that these cannot normally be excluded form a tenancy agreement and will therefore operate despite the terms of the tenancy agreement).

Breach of these express or implied terms within the tenancy agreement is a breach of contract (tenancy agreement) and can be enforced by the parties to the contract, ( tenancy agreement ) i.e. the landlord or the tenant as the case may be.

The tenancy agreement & statutory implied terms

The tenancy agreement may set out clauses which stipulate who is liable for what repair. If the landlord has undertaken within the tenancy agreement to do all the repairs the tenant can enforce these obligations as set by the tenancy agreement. The landlords' liability will depend upon the precise wording of the relevant clauses within the tenancy agreement.

'repair' & 'improvement'

It is important to distinguish 'repair' from 'improvement' within the tenancy agreement. The word 'repair' is confined to the renewal or replacement of subsidiary parts of the building; improvement is adding things to the property that do not already exist. The law does not impose an obligation on the landlord to effect improvements unless he has expressly agreed to do so in the tenancy agreement. Therefore repairing a leaking gutter would be classed as a repair. If the tenant wanted a conservatory that would be classed as an improvement and to my knowledge not many landlords would sanction this work.

If the terms of the tenancy agreement place the repairing obligation on the tenants the question of whether or not this would be enforceable depends on the length of the tenancy and the type of repairs. If a tenant has a periodic tenancy agreement or a fixed term tenancy agreement for less than 7 years, most of the major repairing obligations will be placed on the landlord by virtue of Section 11 of the Landlord and Tenant Act 1985.

Section 11 of the Landlord & Tenant Act 1985

Section 11 applies to leases or tenancy agreement granted on or after 24th October 1961 for less than seven years. The vast majority of Assured Shorthold Tenancy Agreement s are periodic or for terms of less than seven years and therefore Section 11 applies for these tenancy agreement s. The landlords implied obligations under Section 11 are:

* To keep in repair the structure and exterior of the dwelling (including drains, gutters and external pipes) to fulfill the tenancy agreement.

* To keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and sanitation (including basins, sinks, baths and sanitary conveniences) to fulfill the tenancy agreement.

* To keep in repair and proper working order the installations in the dwelling for room and water heating to fulfill the tenancy agreement.

Definition of structure within the tenancy agreement

'Structure and exterior' in the first point are not defined by the Act. However, 'structure' defined in a tenancy agreement clearly includes the main fabric of the dwelling such as the main walls, foundations and roof timbers (including window frames) as distinct from decorations and fittings, while 'exterior' defined in a tenancy agreement has been held by the courts to include paths or steps which forms an essential means of access to the dwelling but not paving in the backyard or a footpath at the rear of the house.

'Repair' within the terms of the tenancy agreement

Condensation is frequently a problem in rental properties and is often disputed within tenancy agreements. This has been exacerbated in recent years by the removal of wooden windows and their replacement with UPVC ones. This has been frequently done without due attention paid to ensuring sufficient passive ventilation. Most tenancy agreement s have clauses within them requiring the tenants to ensure adequate ventilation. However, this is only selectively adhered to. The landlord is then frequently presented with the problems resulting from poor ventilation such as mould or damage to the plasterwork. If the condensation has caused damage to the main fabric of the property, such as the plasterwork, the landlord could be made to repair the plasterwork, but this will not cure the condensation; it will simply repair the consequences of the condensation. If the condensation cannot be cured by 'repair' but can be eradicated only by 'improvements', the landlord is not liable under Section 11 to remedy the problem. Tenants may be able to pursue the matter under the Environmental Protection Act 1990.

The landlord's obligations within the tenancy agreement to repair and keep in proper working order the installations for the supply of water, gas, electricity, sanitation, room and water heating merely require him to maintain and repair the facilities that exist at the start of the tenancy agreement. If the dwelling does not have these facilities tat the start of a tenancy agreement , then there is no obligation on the part of the landlord to provide the necessary installations. Originally, the legislation was confined to installations which were actually within the four walls of the dwelling. However, if the tenancy agreement was granted on or after 15 January 1989 the landlord would be liable for the boiler irrespective of where it was located.

The landlord is liable for these matters under the tenancy agreement, even if the problem is a manufacturers' defect - for example, if the boiler was defective when it was supplied and fitted. He has to put the problem right even if it was not his fault: this is known as strict liability. The only exception would be where the defect is due to some fault on the part of the tenants, who must use the property in a 'tenant-like-manner' to fulfill their tenancy agreement. So if the problems arise because the tenants have not used the property in a tenant-like-manner, the landlord is not liable for repairs to the items in question under the tenancy agreement.

Standards of repair regards the tenancy agreement

Section 11 provides that in determining the standards of repair to the property the courts must have regard to the character and prospective lifespan of the property and the locality in which it is situated. Therefore, if the house is in a poor condition at the start of the tenancy agreement and in an area of very poor-quality housing the landlord will not have to carry out comprehensive repairs under Section 11, nor will he be obliged to carry out improvements. Patching repairs may satisfy the requirements of Section 11, depending upon the circumstances of the case.

The requirement of notice within a tenancy agreement

The landlord is not liable under Section 11 (or indeed under any of the express or implied obligations) unless the tenant has given him notice of the need for repair. So, if a tenant is injured as a result of a defect, the landlord will not be liable under the tenancy agreement for his injuries if he had not been notified of the need to repair the defect.

Common law implied terms within a tenancy agreement

The tenancy agreement may stipulate that the tenant is liable for internal decorative repairs. Quite often, however, the tenancy agreement is silent on this matter. In which case, one must look to the implied terms arising either at common law or under statute.

Unfortunately, the common law is little assistance in the vast majority of cases: If the tenancy agreement is silent, the general rule is that there is no implication that the premises are fit for human habitation or that either party will be responsible for repairs. In other words, the common law is largely neutral. However, there are some minor exceptions for the tenancy agreement which are explained below:

Furnished lettings and the tenancy agreement

In the case of a furnished letting tenancy agreement the landlord warrants (by implication) that the property is fit for habitation at the date when the tenancy agreement commences. Therefore, if a furnished house is uninhabitable because it is infested with insects the tenant can, at the start of the tenancy agreement, immediately repudiate the tenancy agreement, recover any deposit or rent that he has paid and sue the landlord for any damage or loss suffered. However, the tenant must act quickly since this implied term arises only at the commencement of the tenancy agreement. The landlord cannot be compelled to make the property habitable. The tenant remedy is simply to cancel the tenancy agreement and recover his losses. There is no continuing obligation on the part of the landlord to keep the furnished premises fit for habitation.

Tenant's duties to use the property in a tenant-like manner under the tenancy agreement
There is no implied term in any tenancy agreement, whether of a furnished or unfurnished property, that the tenant is to be responsible for repairs. However, the tenant must use the property in a 'tenant-like-manner' under the terms of a tenancy agreement. This means that he must take proper care of the property by doing the little jobs which can reasonably be expected of him from his tenancy agreement, such as unblocking drains, having chimneys swept, mending fuses and so on.

Common parts

In certain circumstances where a tenancy agreement is signed but is incomplete, the court may imply a term, at common law, that the landlord will take a reasonable care of common parts under the tenancy agreement - for example, staircases and other facilities which are shared between various tenants. If the premises consist of a large tower block containing lifts, staircases and other common parts and the tenancy agreement of the individual flats do not oblige either tenant or landlord to maintain the common parts, the court may hold that, since the tenancy agreement is incomplete and the premises cannot function without such common parts being maintained, the landlord must have taken responsibility by implication within the tenancy agreement to keep them in a reasonable condition.

Property Hawk is a site aimed directly at UK Landlords. The site incorporates free property management software that enables landlords to track all their financial data relating to their portfolio. It allows users to print tenancy agreements and other forms FREE FOREVER. The site generates a real time rent book for each property as well as calculating a landlords tax liabilty. The service is totally free to use at www.propertyhawk.co.uk

Article Source: http://EzineArticles.com/?expert=Chris_Horne

Advice For Landlords Going To A Court Of Law Against A Tenant

Landlords should see going to court as a landlord's last resort. Unfortunately though, a court appearance is a fact of life for many landlords who are looking at regaining possession of their buy-to-let investment property, or are simply trying to retrieve rent & other monies owed to them by their tenant.

It is almost certain that any case that does go to court involving a landlord will end up in one of the 218 county courts in the country which deal with all but the most complicated civil law proceedings. Each court has Bailiffs who enforce court orders and seek to collect money if a judgment has not been paid.

So as a landlord you have filed court proceedings and the day is fast approaching when you will have to appear. What does a landlord need to do?

Justice

Firstly, a landlord should dispel any romantic notion that a landlord's court appearance is a mechanism to bring about justice after months of suffering at the hands of a bad tenant. One landlord neatly summarised the legal system governing the renting of property:

"it's got sod all to do with who's right and who's wrong, just who's filled in the proper bits of paper and knows their bundle of papers really thoroughly."

This means that even when you as a landlord know that you have done the right thing, this will count for nothing in the eyes of the law. Landlords should realise that going to court is case of proving a set of events against a list of very specific criteria. It is nothing to do with justifying that you the landlord are a good person and that your tenants are bad.

A landlords preparation for a court appearance

Careful preparation is definitely the key to any landlord's court appearance, particularly if the landlord is representing themselves. A landlord really needs to know what the Civil Procedure Rules (CPR say about the area of law they are taking action over. For example, the repossession of a landlord's buy-to-let property following a period of non-payment of rent. Civil Procedure Rules (CPR for those landlords that haven't come across them before are the procedural code that sets out how the court deals with cases in a just manner. Landlords before going to court should be aware of it and in particular the first few parts of the Civil Procedure Rules (CPR that deal with how court business is run in respect of paperwork, dates of service, etc.

It's all about the evidence a landlord can present

As I mentioned previously the secret for any landlord who wants to obtain justice is providing sufficient evidence. Before going to court a landlord will have to submit a pile of documentary evidence. This folder of documentary evidence is known in legal parlance as a "bundle" and it should contain all the evidence that a landlord refers to in their statement. This might be letters that have been exchanged between the landlord and tenant, rent statements, the tenancy agreement, etc. A landlord should prepare their table of contents carefully, giving the date, a name for the entry (e.g. e-mail from defendant to landlord) and a one-line summary of the important point in the document. (For example a defendant states that they have no money available to pay rent). It is important that the landlord numbers the pages in the bundle and that they know what is where in case the judge decides to ask a question about it. A landlord should put post-it notes on the edges of their own copy so that they can find things quickly and simply. A landlord should present the court's bundle in a ring-binder folder so the judge can easily get to the pages that the landlord refers to (this is a requirement of the Civil Procedure Rules (CPR anyway.)

A landlord should establish a clear timeline of everything that has happened to assist the judge in their determination. The landlord should also endeavour to give precise dates and amounts of money.

Finally, in preparing their statement, where a landlord makes reference to letters, e-mails etc, a landlord should make a note in their statement of the exact page number where this bit of evidence occurs in the landlord's bundle. This will help the judge when referencing the evidence and is also a requirement in the Civil Procedure Rules.

Most importantly a LANDLORD SHOULD BE WELL PREPARED. More importantly, they should be better prepared than their opponent, THE TENANT.

Tips for landlords on the court appearance

1. Firstly, a landlord should try and stay calm. A landlord should present their case in a dispassionate and calm manner. Getting worked up or annoyed will not help a landlord's case but getting across the facts and evidence will.

2. Court appearances are often brief. Landlords shouldn't expect an epic appearance. Where the defendant (the tenant) fails to show which is quite common and the evidence provided to the court is clear cut, the whole thing could be over in 5 minutes.

3. It is always useful for the landlord to have the basic facts on a single piece of paper as an 'aide memoir' and for easy reference listing the page or paragraph reference in the landlord's bundle of evidence (the landlord should bring the full details as well just in case)

If for example, the landlord is seeking possession under section 8 grounds the landlord might have the following information to hand:

* Tenancy start date

* Date the Section 8 Notice was served and how (proof of postage if the landlord has it)

* Arrears figure worked out to the set date. I normally do a large print spreadsheet for the judge to see.

4. A landlord should keep their answers to any questions short (yes / no). A landlord should be clear and concise. Landlords will probably find that the tenant will waffle on annoying the judge and digging a deeper and deeper hole for them selves. Remember a landlord can never prove a negative. For instance, that a tenant has not paid rent. Instead, a landlord should ensure that they lodge whatever evidence they hold and then claim that a tenant has not paid the rent; they should let the tenant prove that they have.

Remember all the evidence that a landlord has produced in court should have been submitted beforehand within a landlord's witness statement. The judge and the defendant will get a copy of this before the hearing.

5. Landlords should be aware that courts and even judges are not infallible. Therefore a landlord should always check any judgement carefully to ensure that the law has been correctly applied. If in doubt a landlord should always seek clarification from the court, or if a landlord is still unsatisfied they should seek professional advice. There have been cases for where the admin staff working at the court have not been clear on the judgement and issued an incorrect judgement or even that a judge has misinterpreted the law!

Chris Horne is an experienced landlord and property professional who now runs the website Property Hawk, a site aimed directly at UK Landlords. The site incorporates free property management software that enables landlords to track all their financial data relating to their portfolio. It allows users to print tenancy agreements and other forms FREE FOREVER. The site generates a real time rent book for each property as well as calculating a landlords tax liabilty. The service is totally free to use at propertyhawk.co.uk

Article Source: http://EzineArticles.com/?expert=Chris_Horne

Tenancy Deposit Regulations - The Facts for Landlords

As a landlord you need to be certain about the best way to protect yourself against the financial impact of having tenants who damage your property. These can be the very people who either fail to pay all the rent they owe you, or fight to get their deposit back - even though this is required to cover the cost of damage - costing you time and money.

As you will know, since April 2007, any deposit taken from a residential tenant under an assured shorthold tenancy agreement needs to comply with new legislation.
In effect this means that any deposits taken must be placed within a government approved scheme either by placing the monies in the hands of an approved third party, or by having the deposit insured for the benefit of the tenant.

Both these can involve the landlord in administration and lead to uncertainty over the level of protection provided. This has had a significant impact on the entire buy-to-let sector, potentially reducing the attractiveness of this form of investment. There are however, a number of ways in which the burden on landlords can be managed or virtually eliminated.

Do nothing

One of these is to take no action at all; that is not to take a deposit and to rely on tenants not damaging the property. For most landlords, this is unlikely to be an attractive option.

Use a designated deposit scheme

While this appears to be the simplest solution, it does have potential drawbacks, not least of which is that these schemes either involve cost or, if free, offer no interest on the money deposited (which is how the administration is paid for). In general, they are unlikely to provide any dispute resolution service, so there could easily be additional expense when a tenant leaves, should the landlord wish to retain any of the money to make good damage.

Use a 'combined' deposit scheme

Some deposit based schemes also include dispute resolution, but these will involve fees covering both membership and a charge per letting. Several schemes are promoted by the Residential Landlords Association and can include a combination of holding deposits and insurance in order to provide maximum protection to all parties.

A dedicated tenants deposit insurance solution

An alternative which is proving increasingly attractive to many landlords is a landlords insurance. This obviates the need for a deposit to be taken while still providing full protection for the landlord for up to £1,000 worth of damage in any period of insurance (once the damage exceeds £100 in value).

In each case, a check of the tenant is undertaken by Keysafe (UK) Ltd, giving you peace of mind of knowing that you are not taking on a tenant with a poor rental history. The insurance covers damage discovered within 14 days of the end of the tenancy period and is offered in addition to most landlords insurance policies.

Costs range from as little as £42 a year; less for members of the National Federation of Residential Landlords.

As an extra to property owners insurance, some insurance brokers also offer rent guarantee insurance, at additional cost, if required. This can indemnify you should a tenant fail to pay your rent within the terms of the agreement and you are unable to recover the arrears from the deposit.

General tips

You should always make an inventory of the property before each tenancy commences, in order to help with dispute resolution. Ideally, digital photographs taken in advance will help both landlord and tenant should the need arise.

Article Source: http://EzineArticles.com/?expert=Phillip_Green

Landlord checks

Many people with properties earn an extra income or make their income by renting out their home or establishments. The landlord usually tries to rent out their home or other establishment to known people or through people known to them in order to avoid the risk of getting tenants who may not pay the rent properly.

But, renting out the home or establishment to a known person is not always a possibility and the landlord might have to rent out their place to a person unknown to them. In such cases, it becomes necessary for the landlord to run a background check on the tenant to ascertain his credibility and the ability to bear the financial responsibility of paying the rent.

There is also the risk of the person whom the landlord wants to rent out his premises having a criminal background or being a terror suspect, etc. There are chances that the person may be a habitual sex offender. All these associated risks make it imperative for background checks by a landlord on his tenant.

Usually, such background checks for the landlord are conducted by accredited agencies that work on the guidelines from Fair Housing Laws and Fair Credit Reporting Act. As per these acts, there are certain types of landlord background checks on the tenant that require a consent to be signed by the prospective tenant before they can be conducted.

Based on data provided by the prospective tenant, the agencies will verify the information with references and also by checking various data bases. The agency will first conduct the employment verification and tenant verification by contacting the list of references provided and checks the authenticity of the information.

Once this has been completed, the agency will then continue the landlord background check on the tenant by accessing several public records such as social security number, driving motor vehicle records, etc to check the identification of the person and also to cross refer the information provided by the tenant as well as his references.

They will then conduct a search on some databases such as state or county criminal records, sex offender registers, state eviction records, etc to search whether the person has any criminal background and to ascertain whether the person has any history of violence and creating nuisance. The also access a database called the terror watch list report that has a list of terror suspects and most wanted people to eliminate the chance of the person belonging to any such lists.

If sought for, the agency conducting the landlord background check on the tenant will also run a check on credit history of the person. This is to ascertain whether the person is running any bad debts that may affect his financial standing and his capability to pay the desired rent.

Landlord Background Check

Free background checks

Background Check

Article Source: http://EzineArticles.com/?expert=James_Dean

Facts You Should Know When Renting a Property

There are many people who don't invest their money in buying a home. Instead, they prefer renting a home as it cheaper than buying a home. When you rent a home you don't have to pay for short-term lease and mortgage payments. When you own a home you also incur expenses on repair to the home and the appliances.

When you rent a home you must sign a rental agreement with the landlord. This agreement will have rules that you need to follow including when rent has to be paid and the deposit that you need to make. The rental agreement will also have rules for maintenance of the property.

Most rental agreements are usually for a period of one year. This means that a person who has agreed to sign the contract will remain in the rented home for a period of one year and pay the agreed rent for the specified duration. At times, this agreement could be for a shorter duration. Once the agreement period is over, the renter has to move to a new home if a new agreement is not signed between the landlord and the renter.

Usually most rental agreement does not require the renter to make repairs to the appliances or the home and they are not expected to pay for it. If the appliances like dishwasher is broken or requires repair, the land lord must repair it unless it is mentioned otherwise in the agreement. However, this could be a problem as the appliances may not be repaired as soon as one might want them to. At times, renters may have to wait for days or even weeks to repair appliances that are broken.

Abhishek has been writing articles online for nearly 2 years now. Not only does Abhishek specialize in writing articles on finance and credit but you can also check his website on Dracaena and Helicopter Flash Games.

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Tennat Loans

You tenancy status making you feel agitated before applying for any loans then consider tenant loans and grab swift funds without pledging any collateral. This loan facility proves to be a great fiscal relief to all kind of borrowers especially for the tenants. This is unsecured in nature. Plus, its hassle free online proceedings make the entire loan approval process easier and swifter.

In order to avail the tenant loans you do not need to pledge any kind of collateral as security against the lender. Thus, all kind of tenants may easily grab the desired amount on feasible conditions with affordable price. It can be possible that against these loans you may charge with higher rate of interest due to its unsecured nature. Though, do not loose your hope as proper research work and comparison task may resolve this matter soon and provide you cost-effective deal.

Through backing of these loans you may fetch the funds varying from £1000 to £25000 for the fixed term period of 1-10 years. With these loans you may fulfill numerous cash requirements easily, such as:

• Unexpected household bills
• Pending monthly home rent
• Bank overdraft expenses
• Plan a wedding party
• Credit card dues
• Child higher education expenses, etc.

Under UK tenant loans all kind of credit borrowers may simply get approved for the funds as it is free from credit screening process. Hence, all credit scores like foreclosure, bankruptcy and defaults get simply approved. So, leave all your worries regarding your credit profile as this loan facility provide cash aid to all kind of credit borrowers.

If you need quick cash without facing much trouble then apply via online and grab same day funds approval. The approved cash will automatically get transit in your bank account. You only supposed to fill out an easy e-form with details like name, address, contact no, email id, employment, saving account details etc. So, get your funds soon irrespective of tenancy status.

Mathew Kenny is offering loan and financial advice for quite a long time. He is working as the senior financial consultant with Loans. To find Personal loans for tenants, tenant loans, unsecured tenant loans, Bad credit tenant loans, Tenant loans visit http://www.uktenantloans.co.uk

Article Source: http://EzineArticles.com/?expert=Mathew_C_Kenny

Property Management

Property Management - Choosing Proper Materials For Rental Property
There are a million ways to manage property. Providence property management is similar to property management in New York, Los Angeles or Chicago. Many cities face challenges in property management, Providence, Baltimore, and Richmond being no exceptions. One of the main challenges in property management is keeping the property in good condition. There are two basic strategies for maintaining property integrity. First is careful selection of the occupants. Second is the selection of materials that go into a property.

Choosing occupants is a risky business and dangerous business. Often the owners of the property come with their own ingrained beliefs as to who might make a good tenant. These are often based in stereotypes and prejudices. It is important to avoid selecting tenants on the basis of any preconceived idea as to who might make a better tenant. Well meaning owners or managers could easily violate the fair housing act by profiling perspective tenants. Decisions should be made on occupancy rates and property use issues. While there are many ways to decide which tenant to choose, these are often fraught with either intangibles or purely clinical information such as credit score. Whole clinics exist to navigate the legalities and uncertainties of tenant selection.

The materials used in a property offer a more concrete, (pun intended) way of managing a properties integrity. There are two basic schools of thought in property maintenance. The first school of thought is to use inexpensive materials because if these get destroyed they are less expensive to replace. The other school of thought is to use more durable materials. Using flooring as an example, these choices can be better illustrated.

If a kitchen is covered in a cheap glue-down linoleum there may be an immediate savings of several hundred dollars. This is a material that can be quickly replaced when it gets worn out. Typically these products come with a 5 year warranty, which is a good way of estimating its life span. While this may seem cost effective, it could mean frequent replacement and it is often less appealing, both visually and physically, as it tends to be thinner and harder on the feet. Moving up to a thicker more durable and more expensive linoleum can be economical in that in lasts longer and endures more abuse. Moving into laminate or even engineered wood is a more expensive proposition, but these are also durable options and bring value to properties that call result in higher rents.

Most commercial or rental properties require a fine balance between inexpensive building materials, durable construction materials, and esthetically pleasing materials. It is important to approach materials with the concept of cost per year and increased return. More expensive materials can often pay for themselves in durability and increased value. The function of the property is essential to determining these choices as well. A rental for financially secure young families might use different materials then a rental for transient college students. The approach to materials requires some foresight and consideration of use and market value.

Connor R. Sullivan recently met with an expert in property management Providence area to help him find office space in the area. He found a great office with the help of a Providence property management company.

Article Source: http://EzineArticles.com/?expert=Connor_R_Sullivan

Problem Tenants Create Headaches For Landlords

Even though problem tenants may not be widespread in the business, it is very likely that every landlord will at some time rent a home to one. Now you could possibly be thinking this could never happen to you thanks to thorough background and reference checks that you complete for every would-be tenant. Be forewarned, if you plan to keep on owning rental property for any length of time, you will likely have to deal with a problem tenant eventually.

Landlords Have Choices When Tenants Violate the Lease

The offenses of problem tenants encompass everything from noisy parties to drug dealing. They sometimes destroy property or chronically pay late. How a landlord handles problem tenants will depend entirely on how often a tenant causes problems and the degree of the problem. A tenant who plays loud music or leaves garbage outside the unit should be handled differently than someone who is running a criminal operation such as drug dealing from their rental home. Tenants who commit minor offenses may respond to a notice and suppress their offensive behavior, which would save you time and money. Nevertheless, make sure that you keep comprehensive records of the complaints against tenants and any notices you send. If the lease violations continue or escalate, such records will help your case for eviction if you have to take it to court.

Landlords have other choices for handling tenants who cause minor problems without starting the eviction process. If notices have not been responded to and the renter continues to break the rules of the lease, you can attempt negotiation on your own or with a mediator. If you are frustrated with that tenant and you want them to move out of your rental home without having to officially evict them, it is possible that third party that they trust can save you the expense of an eviction by advising them to leave.

Nevertheless, serious problems can not be handled through notices or arbitration. Get in touch with the police if you suspect that a tenant participates in illegal activities. You will still be required to evict those lessees, even if they are convicted of a crime, since the police can not force them to quit the premises.

Act Cautiously if You Think that Tenants Have Abandoned Your Rental Home

Landlords cannot construe that lessees have abandoned rental properties without checking to make sure. You have to have reasonable proof of abandonment before removing renter's possessions. Measures you can take include questioning the neighbors, examining the rental home yourself and calling the nearest post office to see if they put in a forwarding address. Be sure to check the rental laws in your locality to find out how long you have to store abandoned belongings before you can legally dispose of them and what you must do to notify the tenants about the possessions they left behind.

Check out Scottsdale Arizona Property Management or Central Phoenix Arizona Property Management if you want quality help managing your Phoenix properties.

Article Source: http://EzineArticles.com/?expert=Lee_Bell

10 Ways to Find a Perfect Lodger

In this article I show you how to make your spare room instantly more attractive than the vast majority of those available on the market. Follow these simple (but often overlooked) steps, and you should have an army of potential lodgers eager to move in.

1. Write a killer advert. Potential lodgers will be reading a lot of them, so keep your advert short, clear and informative.

2. Set a realistic rent. If you charge a little less than the market rate you will widen your market considerably, set it too low however, and people will perceive the property as being down-market.

3. Include most bills in the rent. A fixed cost is attractive to anyone on a budget.

4. Make sure your property has curb appeal. A potential lodger will simply drive past if your property does not appear clean and well maintained from the outside. Make sure the parking facilities match those stated in the advert.

5. Ensure your property is spotless. No dust, clutter or odour. If you have pets, mention them in your advert and make sure that they are well behaved. The first hint of a pest problem is guaranteed to sent any potential lodger running for the hills.

6. Give a good personal impression. You are under scrutiny just as much as the room. Being well organised says this is a hassle-free place to live. Draw up a short document anticipating everything a potential lodger is likely to need to know in making a decision. Include such things as:

- The room - dimensions, inventory and photo
- Estimated cost of bills per month
- House rules such as out of bounds rooms
- Special considerations such as parking permits
- Do not include sensitive information such as alarm codes.

7. Make sure the room is ready for immediate occupation. A lodger will want to see exactly what they will get. Do this even if you are not ready for someone to move in just yet.

8. Make sure that the property is safe. Have up to date regulatory documentation. In the UK, you will need a CORGI gas safety certificate, and it's a good idea also to have a full electrical safety check of your appliances ("portable appliance test"). Other things to consider are your home insurance, fire safety, and smoke/CO2 detectors.

9. Take an interest in them. Where do they work, what do they do? What do they like to do with their spare time? This will help you determine if you are likely to get on and if your lifestyles are going to conflict with one another.

10. Follow up. You are likely to already have an email address or telephone number, but if not, it does no harm to ask for them as the lodger is leaving. If they like the place they will most likely give it to you. Follow up with a call a few days later, and find out what they thought. Any negative comments can be worked on for the next lodger.

If you follow these simple steps, you will have differentiated yourself and your property from 90% of those on offer in the marketplace, and have your pick of whom to offer the room to.

Chris Gill is the founder of http://www.fivenights.com - the weekday only room to rent service. IT contractor, entrepreneur, and long suffering commuter, he came up with the idea whilst staring at the wall of a B&B, one evening a long way from home.

Article Source: http://EzineArticles.com/?expert=Chris_Gill

Finding a Great Rental Property

A lot of the advice real estate agents will read has to do with buying and selling properties. However, a great many people cannot afford to buy homes in one go, and so are out for a great place to rent. Renting is becoming a very popular option, given the current housing/economic crisis. Many people who own apartments or houses are trying to find buyers, but cannot, so are considering looking for lodgers, instead. Here are some bits of advice for real estate agents who want to step into rentals.

Expect the market to be glutted with so-called accidental landlords. These are people whose first intention was to sell their homes, but who are now looking to get lodgers, since buyers are in such short supply. Under such circumstances, the prospective landlords must compete for lodgers, not the other way around. You should then be prepared to have a landlord/landlady adjust his/her expectations. The person wanting to put his/her residence up for rent must also be flexible about things other than price. For instance, it will be easier to get buyers if there is more leniency about the way the lodger is to treat the property. For instance, a landlord/landlady who does not want any pets in the house might have to reconsider this policy.

Still, it pays not to be too hard on accidental landlords. If their requests are reasonable, you may also give them advice on how to handle rent collection and the other issues that come with having lodgers. Once more, it helps to treat everyone you work with well, so that you get repeat business. This is particularly relevant if you are working with landlords who have only a short-term agreement with their lodgers. Once the agreement is done with, they may require your services again when the time comes to look for another lodger.

Secondly, be aware that college students constitute a large part of the market of prospective lodgers, to the extent that the market for rentals is significantly different in the months around the start of classes. You might want to orient your marketing towards college students, or deliberately go after listings that college students might be interested in. For example, go for places that are near universities, libraries, or youth hang-outs.

Keep college students in mind when it comes time to network. You might want to leave some of your advertising material around popular websites concerning college life, for instance. Also, try to harness positive word of mouth. Students who found you pleasurable to work with may tell their friends about you. You might end up "inheriting" a crop of student lodgers every year, asking you to find a good place for them to rent.

Finally, remember that some owners do renovate and rent out their residences with a sale in mind, some time in the future. If they ask you about long-term sale plans, do tread very carefully, especially if their expectations for the future real estate market are unrealistic. Remember that you are supposed to look after your client's best interest, not puff up their expectations beyond reason.

Beverly Manago is a freelance writer focused on the real estate industry. She is also a consultant for My Single Property Websites, a web 2.0 marketing tool that lets real estate agents create stunning virtual tours and single property sites easily, with a free version available for listing presentations. She also contributes to the Real Estate iPad section there.

Article Source: http://EzineArticles.com/?expert=Beverly_Manago

Advice For Landlords Going To A Court Of Law Against A Tenant

Landlords should see going to court as a landlord's last resort. Unfortunately though, a court appearance is a fact of life for many landlords who are looking at regaining possession of their buy-to-let investment property, or are simply trying to retrieve rent & other monies owed to them by their tenant.

It is almost certain that any case that does go to court involving a landlord will end up in one of the 218 county courts in the country which deal with all but the most complicated civil law proceedings. Each court has Bailiffs who enforce court orders and seek to collect money if a judgment has not been paid.

So as a landlord you have filed court proceedings and the day is fast approaching when you will have to appear. What does a landlord need to do?

Justice

Firstly, a landlord should dispel any romantic notion that a landlord's court appearance is a mechanism to bring about justice after months of suffering at the hands of a bad tenant. One landlord neatly summarised the legal system governing the renting of property:

"it's got sod all to do with who's right and who's wrong, just who's filled in the proper bits of paper and knows their bundle of papers really thoroughly."

This means that even when you as a landlord know that you have done the right thing, this will count for nothing in the eyes of the law. Landlords should realise that going to court is case of proving a set of events against a list of very specific criteria. It is nothing to do with justifying that you the landlord are a good person and that your tenants are bad.

A landlords preparation for a court appearance

Careful preparation is definitely the key to any landlord's court appearance, particularly if the landlord is representing themselves. A landlord really needs to know what the Civil Procedure Rules (CPR say about the area of law they are taking action over. For example, the repossession of a landlord's buy-to-let property following a period of non-payment of rent. Civil Procedure Rules (CPR for those landlords that haven't come across them before are the procedural code that sets out how the court deals with cases in a just manner. Landlords before going to court should be aware of it and in particular the first few parts of the Civil Procedure Rules (CPR that deal with how court business is run in respect of paperwork, dates of service, etc.

It's all about the evidence a landlord can present

As I mentioned previously the secret for any landlord who wants to obtain justice is providing sufficient evidence. Before going to court a landlord will have to submit a pile of documentary evidence. This folder of documentary evidence is known in legal parlance as a "bundle" and it should contain all the evidence that a landlord refers to in their statement. This might be letters that have been exchanged between the landlord and tenant, rent statements, the tenancy agreement, etc. A landlord should prepare their table of contents carefully, giving the date, a name for the entry (e.g. e-mail from defendant to landlord) and a one-line summary of the important point in the document. (For example a defendant states that they have no money available to pay rent). It is important that the landlord numbers the pages in the bundle and that they know what is where in case the judge decides to ask a question about it. A landlord should put post-it notes on the edges of their own copy so that they can find things quickly and simply. A landlord should present the court's bundle in a ring-binder folder so the judge can easily get to the pages that the landlord refers to (this is a requirement of the Civil Procedure Rules (CPR anyway.)

A landlord should establish a clear timeline of everything that has happened to assist the judge in their determination. The landlord should also endeavour to give precise dates and amounts of money.

Finally, in preparing their statement, where a landlord makes reference to letters, e-mails etc, a landlord should make a note in their statement of the exact page number where this bit of evidence occurs in the landlord's bundle. This will help the judge when referencing the evidence and is also a requirement in the Civil Procedure Rules.

Most importantly a LANDLORD SHOULD BE WELL PREPARED. More importantly, they should be better prepared than their opponent, THE TENANT.

Tips for landlords on the court appearance

1. Firstly, a landlord should try and stay calm. A landlord should present their case in a dispassionate and calm manner. Getting worked up or annoyed will not help a landlord's case but getting across the facts and evidence will.

2. Court appearances are often brief. Landlords shouldn't expect an epic appearance. Where the defendant (the tenant) fails to show which is quite common and the evidence provided to the court is clear cut, the whole thing could be over in 5 minutes.

3. It is always useful for the landlord to have the basic facts on a single piece of paper as an 'aide memoir' and for easy reference listing the page or paragraph reference in the landlord's bundle of evidence (the landlord should bring the full details as well just in case)

If for example, the landlord is seeking possession under section 8 grounds the landlord might have the following information to hand:

* Tenancy start date

* Date the Section 8 Notice was served and how (proof of postage if the landlord has it)

* Arrears figure worked out to the set date. I normally do a large print spreadsheet for the judge to see.

4. A landlord should keep their answers to any questions short (yes / no). A landlord should be clear and concise. Landlords will probably find that the tenant will waffle on annoying the judge and digging a deeper and deeper hole for them selves. Remember a landlord can never prove a negative. For instance, that a tenant has not paid rent. Instead, a landlord should ensure that they lodge whatever evidence they hold and then claim that a tenant has not paid the rent; they should let the tenant prove that they have.

Remember all the evidence that a landlord has produced in court should have been submitted beforehand within a landlord's witness statement. The judge and the defendant will get a copy of this before the hearing.

5. Landlords should be aware that courts and even judges are not infallible. Therefore a landlord should always check any judgement carefully to ensure that the law has been correctly applied. If in doubt a landlord should always seek clarification from the court, or if a landlord is still unsatisfied they should seek professional advice. There have been cases for where the admin staff working at the court have not been clear on the judgement and issued an incorrect judgement or even that a judge has misinterpreted the law!

Chris Horne is an experienced landlord and property professional who now runs the website Property Hawk, a site aimed directly at UK Landlords. The site incorporates free property management software that enables landlords to track all their financial data relating to their portfolio. It allows users to print tenancy agreements and other forms FREE FOREVER. The site generates a real time rent book for each property as well as calculating a landlords tax liability. The service is totally free to use at propertyhawk.co.uk

Article Source: http://EzineArticles.com/?expert=Chris_Horne

Lodgers in your house

I speak from personal experience as a landlord on the ups and downs of renting out rooms in your home, I am mainly writing this as information for anyone considering sharing their house with others. I will not be covering other types of renting in this article, only renting rooms in a house that you also occupy, I will add more on other types of rental agreements inm other posts later on. I am not an expert on all things rented and so will not be covering all aspects of the law etc. related to rented accomodation but i will be giving you some warnings as a potential landlord as to what you can do toprotect yorself and your property.