Rent problem
Rent problems can occur as a result of negligence on the part of the tenant but they can also occur as a result of a breach of contract on the part of the landlord. Every landlord is responsible for the upkeep of the basic supply of hot water and electric, for example, but if fundamental appliances and utilities are not in full working order, it can be seen as grounds for withholding rent. There are a multitude of reasons why a landlord may experience rent problems but the most common are due to bad tenants and poor bookkeeping.
Staying on top of all the monies paid to you by any tenant is the key to avoiding rent problems. As the owner of the property you are entitled to write to your tenant after a seven-day delay on rent and to enquire as to why you haven't received your money. This can represent the beginning of what can, for some, become a long-winded process of recovery and demonstrates why it's imperative to stay one step ahead of your finances.
Rent problems, when they rear their ugly head, can be a tricky business but you should endeavor to talk through the rent problem with your tenant before thinking of taking the matter further. However, in the worst-case scenario, if you haven't received any money after 8 weeks you are entitled to apply for a Section 8 notice which will inform the tenant he or she has 14 days to pay up.
Private landlords
The onus on private landlords to stay abreast of the law and on top of their legal paperwork is considerably more than on those who lease through a letting agent. The upside to not using a letting agent however is that you won't have to pay any extra fees during the rental period.
If you are near to the leased property and are able to oversee its management during the Tenancy Agreement it may be more cost effective to assume the role of a private landlord. You may, however, want to consider using an agent to find a suitable tenant and take over responsibility from there.
Private landlords are responsible for the installation and upkeep of equipment to heat and provide gas water and electric to the rented property so as to make the property is habitable. They are also responsible for the structural safety of the property and all repairs and faults that fall in these areas should be attended to as soon as the tenant reports them. While this is an additional pressure from being a private landlord, a speedy response can help to avoid a situation whereby the tenant withholds rent in lieu of a breach of contract.
If you're just getting started or just have a question, there are many private landlord forums online. Through these sites you can access excellent legal advice in the event of a bad tenant or a tenancy renewal. Private landlords can also subscribe to monthly magazines in order to keep up with changes in the law.
