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

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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

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