Partners and Suppliers Sandy Bastin 29/07/2022

Three Summertime Disputes for Landlords and how to Prevent them

Many landlords are experienced at handling property maintenance issues during typically cold and damp British winters, but with British summertime here and the temperatures soaring to heights we're not used to, it can trigger a new set of problems for landlords.

At TDS, our customer service team and adjudicators deal with various summer related disputes between landlords and their tenants. Here, we look at three hot weather complaints and advise how to prevent them.

Though warm weather is typically welcomed during our British summers, our homes are not set up for these unusually soaring temperatures. Leaving open windows and doors unattended can entice an opportunistic burglar. In the event of a burglary, who is responsible for replacing lost goods, fixing damage or securing the property?

Landlords and tenants should both be insured in the event of theft to cover for stolen belongings. However, if there is damage to the property during a break-in, who pays for it can be complex. Landlords aren't required by law to take full responsibility for the entire property security. However, they do have an obligation to keep their property in good repair and make sure it's secure. Tenants also have rights, namely living undisturbed and having their home free from safety hazards, such as broken locks that could allow easy access into the house. Consequently, landlords may be responsible for fixing any damage caused by a burglary unless exceptions apply. If the tenant has been negligent, such as leaving doors unlocked or windows open, then the responsibility falls back onto the tenant.

Top Tip: Remind tenants of security obligations as laid out in the tenancy agreement. If they are planning any long holidays, consider putting some necessary checks in place whilst they are away. Remember to secure sheds and summer houses, and check the property's security during inspections.

Outside space will come into its own in the summer months, and many tenants with gardens will be making the most of being outdoors. But, in some cases, the tenant may desire to make changes to the area. Can a tenant change the garden without notification, even if it's improving the space?

If a tenant wants to make changes to the garden - including enhancing the area - they must get approval beforehand. If they have made changes without asking, and have not re-instated as part of any conditions attached to any permission, you can raise a deposit deduction for the garden to be returned to its original state. If the tenant and landlord agree on the changes, ensure it's confirmed in writing.

Top Tip: A clear-cut tenancy agreement and good communication with tenants confirming what they can and cannot do with the garden are key to avoiding garden disputes.

The warmer evenings will likely draw your tenants outside for summer BBQs and gatherings if your property has a garden. However, what can be done if such events are noisy, frequent, and causing complaints?

If a tenant is behaving antisocially, such as having loud parties or late night gatherings, the whole neighbourhood can suffer. If the issue is not nipped in the bud once complaints start, you could find upset neighbours calling environmental health.

If you're notified about noise complaints, remind your tenants to keep future parties until reasonable hours and turn down the music after 11pm, or the time stipulated in your tenancy agreement. Advising neighbours of a party is a good practice, and ideally keep parties to the weekend so neighbours that have to work the next day may sleep soundly.

Top Tip: Make sure to include a clause in the tenancy agreement related to excessive noise and quiet hours. Ensure you have performed thorough tenant checks, and if the house is on a quiet street, be smart on who the property is let to.  

 

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Sandy Bastin

Sandy Bastin Head of TDS Adjudication Services

Sandy Bastin is a qualified solicitor with many years’ experience practising and specialising in real estate, Sandy joined Tenancy Deposit Scheme (TDS) in 2008 and is now Head of TDS Adjudication Services. Sandy is responsible for recruiting and training TDS adjudicators, providing continued support and mentoring to include quality assurance activity to ensure the high standards expected from TDS adjudication decisions are met.

See all articles by Sandy Bastin