The All Things Property Podcast
Welcome to The All Things Property Podcast. Hosted by Simon Bacon, an independent property expert with over 35 years' experience, and Ian Sadler, this podcast cuts through the corporate noise to deliver authentic, practical advice for property investors, landlords and sellers.
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The All Things Property Podcast
Starting a Tenancy Right: The Landlord Compliance Checklist That Could Save Your Property | Ep. 24
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Starting a Tenancy Right: The Landlord Compliance Checklist That Could Save Your Property | Ep. 24.
To get my start of tenancy checklist send me an email at simon@prefprop.com and I'll get it over to you.
One missing document. That's all it takes to lose a court case and potentially your property.
In this episode of the All Things Property Podcast, Simon Bacon and Ian Sadler walk through the essential checklist every landlord needs before a tenant moves in. Gas safety records, electrical certificates, EPCs, deposit protection, tenancy agreements, right to rent checks, we cover what's legally required, when it needs to be done, and the real-world consequences of getting it wrong.
We also share stories of landlords who thought they were compliant but fell foul of technicalities, like registering a deposit before the money had actually been received. These are the details that catch people out in court.If you're a UK landlord, whether you self-manage or use a letting agent, this is the episode that could stop a small oversight becoming an expensive disaster.
What we cover:
00:00 Managing tenancy safety compliance
04:29 Issues with deposit registration compliance
07:03 Discussing tenancy agreements importance
12:14 Managing tenant share codes
13:57 Helping landlords with management tasks
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Welcome to the All Things Property Podcast with me, Simon Bacon, and me, Ian Adler. So today most landlords think that once a tenant moves in the hard work is done. But actually, if you get the paperwork wrong at the start, it can come back to bite you months or even years later. So today, Ian, we're going to talk about starting a tenancy checklist. What documents do landlords need to provide? Welcome to the All Things Property podcast with me, Simon Bacon of Preference Properties. Every week, Ian Sadler and I will delve into All Things Property. We'll guide you through with friendly, no nonsense advice. Now that's an interesting subject, obviously. Let's see if we can inject some humour into it today. Now we've obviously done, but before we do that, maybe we should just give a bit of background. Obviously, we've we've just finished our mini-series on the uh Renters Rights Act. So the purpose of the following podcast is really going to be looking at the kind of um implications of what we do, why we do it, and how we do it. Because I I think one of the unseen parts of the Renters' Rights Act is very much that attention to detail is going to be critical for the well-being of landlords and tenants in terms of tenancy administration. So, as I said, today let's let's talk about what documents landlords need to provide at the start of a tenancy.
SPEAKER_01Well, you start off with the basic safety ones, such as the gas safety record, the electrical installation condition report. EPC? Energy performance, if it was not so much on safety that, that's more quality of property you're living in, I think. So, in terms of gas safety, then how often do they have to be done? You have to have a valid gas safety record once every 12 months, and you can't afford to let it run out, and a tenant has to be sent a copy of each renewal of that record.
SPEAKER_00Yeah. What about the EPCs? How often do they have a lot of things?
SPEAKER_01They last ten years. That's um a problem bubbling under for years to come, I think.
SPEAKER_00But probably something that we'll cover in another podcast specifically about EPCs and uh you know what changes might be coming. And the electrical certificates, how long do they last?
SPEAKER_01Five years. Once again, the tenant needs to be sent a copy of that each time it's renewed.
SPEAKER_00And it's important not just providing it at the beginning of a tenancy though, it's important to make sure that these things are managed and monitored during the lifetime of a tenancy. I think you know, there was that occasion where I think we've talked about it on a different podcast, where, you know, although a landlord was compliant at the beginning of a tenancy, he managed it himself, and you know, all of a sudden when it came to be re-let, no EPC in force, no electrical certificate in force. You know, they're the I I guess they're the hidden implications, aren't they, of of not getting it right and not keeping on top of it.
SPEAKER_01Yeah, you you can't stress enough how important it is to have all these uh in place. So what else is there?
SPEAKER_00What about deposit protection, all that sort of stuff?
SPEAKER_01Yes, the tenant's deposit has to be registered with a suitable scheme within 30 days of receipt, and the tenant will need a copy of the certificate showing that. Yeah, and what else does the tenant need?
SPEAKER_00Don't they need the prescribed information as well?
SPEAKER_01Yes, yeah, what is that? That prescribed information sheet, uh either served separately or included in the body of your tenancy agreement, details how your deposits, the tenant's deposit is handled during and at the end of their tenancy.
SPEAKER_00Okay. Have you ever um have you ever uh known of anyone who's registered a deposit in advance of the uh monies having been received? You know, not personally landlords who you know are going, okay, well I know I've got to register the deposit, I know that I'm you know the deposit is going to be X amount, so you know, in advance of the tenancy, I'm going to uh I'm going to register the deposit now. I know the tenant will be paying it in a couple of days' time. Never had that?
SPEAKER_01No, perhaps you'd like to explain to our vast audience how that uh how that works.
SPEAKER_00No, no, it's it there there've been occasions where landlords in their um, you know, obviously wanting to make sure that they cover everything off, have actually registered a deposit, you know, a couple of days before they've received it to make sure they've got all their paperwork in force. But actually that's can't be done.
SPEAKER_01No, it's that's it doesn't make sense, really. Logically, it doesn't make sense, does it really? How can you register something that you've not received?
SPEAKER_00Well, exactly, that's that's the point. And there have been occasions where people have gone to court on a section 21 notice to recover possession of property and actually fallen foul of the fact that they couldn't get possession because they'd actually not been deemed to have registered the deposit appropriately. So and and that's uh I I suppose that's part of what what we're always talking about. There's compliance and there's understanding that compliance, and you know, a simple thing like registering a deposit, you know, a day before you've got it because the tenant said, Yeah, I'm going to pet tomorrow. You want to get all your paperwork done, you know, and sorted before the tenant moves in, and actually you end up causing yourselves problems.
SPEAKER_01You have to be pretty thick to do that, really, because you've got to balance your bank accounts with cash received, haven't you? Absolutely. Yeah.
SPEAKER_00It doesn't really make much sense, but it you know, it's a minefield. It is, yeah, and it is minefilled sometimes. So, what about smoke and seal alarm? What do you what do you need with those?
SPEAKER_01You have to have valid uh carbon monoxide alarms placed near any gas appliance, a boiler or a gas fire. Um smoke alarms you need to have those on the ground and first floors in full working order.
SPEAKER_00So how many how many seal alarms do you need?
SPEAKER_01Is it just one for the boiler or no no well I would I I would always err on the side of safety, so if I've got a gas fire in the living room and a boiler in the kitchen, I'd have two. Yeah, you have got to have two.
SPEAKER_00Do you have to have one with a gas hob? Er no. Well done. Very good. But again, you know, uh some some landlords said to me, well, why don't I need one with a gas hob when that's a gas appliance, isn't it? But the legislation is cooking appliances you don't have to have a CO alarm for, but you know, it it's any gas appliance other than a gas hob uh in the kitchen. So yeah. Smoke alarms, where do you need those then?
SPEAKER_01Just the one or um well, once again I'm guessing you're gonna say two is correct, so I'd have one on the ground floor and one on the landing. Yeah, yeah. Absolutely.
SPEAKER_00I'm doing well today. You are hardwired or battery? Either or.
SPEAKER_01Yeah, okay. Very good. Three out of three, yeah. I'm going. So do you keep a record of um your smoke and CO? What I do, Simon, uh, is that I ask my heating engineer who does my gas safety records to check on the smoke alarms in each property. Every year when they go and do that. And he updates them if needs be. So it's like a double checklist, isn't it?
SPEAKER_00Yeah, yeah, absolutely. But again, very you can see how easy it is to say, well, when the tenant moved in, I had smoke alarms, I signed the form to say, yep, smoke alarms, CO alarms. But you know, how often do you find that a tenant takes a battery out because they keep beeping? Um you know, and all of a sudden you you as a landlord are going to be, you know, you are liable for making sure that those are done, which is where things like you know, regular inspections come in. So, yeah, you know, is as we keep saying, it is a bit of a minefield. Tenancy agreements then, um, what's the importance of the tenancy agreement?
SPEAKER_01You also, yeah, you need a valid tenancy agreement, the contract between both parties stipulating the do's and don'ts, the rights and wrongs. Have you ever come across a landlord who's come to you and said they haven't got a tenancy agreement? Once in the early days. Yeah. Scary. What did you say? It took me 30 seconds to get my breath, but gently explained the need for it. Oh, that'll never happen to me is an often used phrase, but it does.
SPEAKER_00When it does, it hurts. Yeah, absolutely. And I've again I've had a situation where landlords have come to me in a bit of a blind panic saying, Well, it was a sort of very loose tenancy agreement, it just had some you know very basic stuff in it, and then you that they find it and they give it to you, and you think, well, actually it's not worth the paper, it's it's written on.
SPEAKER_01He's a friend of the family, we didn't need a tenancy agreement.
SPEAKER_00Exactly. So, you know, regardless, you know, a formal tenancy agreement is an absolute essential. Clear, agreed, and obviously properly executed with signatures, etc. Um, so condition reports, things like inventory, schedule of conditions, why is why is that important?
SPEAKER_01Nine times out of ten they're they're not, but that one occasion where you wouldn't nine times out of ten. Seven times out of ten then. Thank you. Maybe a bit less than that. Okay, whatever. Um it's a crucial document, and the more detailed it can it is, the better you're protecting the tenant's interests and the landlord's interests. As many photographs as you can. Hob, oven, fridge, freezer. Broken freezer drawers. My pet hate. Why? Because tenants tend to have problems defrosting their freezer. So what happens? They they pull them out and crack like that. I always get photographs of the freezer drawers at the side of Tennessee. Then they uh nobody can say, well, they weren't like that when I moved in. Yeah.
SPEAKER_00But what causes a freezer drawer to crack then? Is it misuse or is it just not defective?
SPEAKER_01Oh laziness normally. Is it? Well you have to you have no matter what the freezer make is, you have to defrost a freezer on a regular basis every six months. If you don't, and you've got some tasty fish fingers right at the back on the bottom drawer and you can't get them out, you pull too hard and you crack it. Forty-eight pounds.
SPEAKER_00Is that how much it costs? Each.
SPEAKER_01Oh my goodness. Okay. And the tenants like mind paying that? No. I had a move out on Saturday, and the tenant actually phoned up to say, Oh, the freezer drawers, I'm afraid they're all broken. I said, Oh dear. And he was fine. It's it's it's it's unusual, isn't it? It's unusual that it's surprising that somebody says, Well, I've actually broken it, so I'm gonna have to pay for it.
SPEAKER_00Yeah, yeah, no, absolutely. Had he defrosted the freezer though? No, it was solid when I was. There you go then. That'll be why. Okay. So something that um i it it can be a bone of contention, right-to-rent checks. Who's who's responsible for those and what are they?
SPEAKER_01You are far more experienced in this field than I am, so I think it's better that you talk the. Well, it's not experienced, right to rent checks.
SPEAKER_00Right to rent checks is, you know, the the purpose of them, as you well know, you you sit there sometimes and go, oh, I'm not sure about that one. But you do know because you do it. I'm testing your knowledge. Yeah, yeah. But the right to rent checks are about a tenant's right to rent in the UK. Um, so you know, if you're on a UK passport, you just have to have, you just need to, we need to get a copy of that. That's the right to rent check for a UK citizen, shows that they're entitled to rent. For anybody else, it now is they have to provide a share code. I know what one of those is. Yeah, so but again, the issue there is going back to what we talked about, that um once a hard, you know, once the tenant moves in, the hard work is done, you can have all of this stuff in place. So a tenant's share code, they move in, they have the share code, they have the right to rent. If that share code then expires in nine or twelve months' time and the landlord doesn't get it reissued, then they are legally responsible.
SPEAKER_01Well, I might disagree with that. Is it actually the share code that needs to remain valid or the right to rent because the right to rent, but you can't if if the right to rent is prohibited. Clearly, I need to give you some tutorials about your paperwork, but if you get a right to rent for a tenant, an overseas tenant, and they're they will say valid to rent to rent forever in the UK. You don't need to worry about it. You don't, but a lot of them they're specific about valid until June 28. Yes. So you don't need that share code, and you should document it entirely. The share code is not a good thing. But when it comes to a month before his right to rent expires, you contact him, get me his current share code.
SPEAKER_00Absolutely, yes, that's what I'm saying. But how many landlords remember that? How many landlords Well they need good agents, then don't they? They do, but they also what we're trying to say to people as an impact of the Renters Right Act is very much the quality of your paperwork. It's making sure you've got your checklists.
SPEAKER_01There is so much to do, isn't it? Scary. If you did an on-the-spot analysis of how many agents or landlords' paperwork was not up to scratch, it would be scary.
SPEAKER_00Yeah, yeah, absolutely. And that's you know, you talk about landlords that self-manage or landlords that use a an you know a professional letting agent to manage, you know, these are some of the hidden responsibilities that we take on for them so that they don't need to think, oh my goodness, have I, is my licence in force? Is my you know is my tenant they had a right to rent check when they moved in. I wonder when if that expires, are lots of lots of landlords. I you know, I may be doing some of them a disservice here, but it's not the majority is that there are landlords out there who who don't, who forget to do that, who forget to update stuff. So moving on then, if if documents aren't served properly, if you know right to rent checks aren't done, what what sort of happens if if the documents aren't served properly?
SPEAKER_01Well, on the odd occasion where landlords want possession of their property, and the tenant contests that right, then and it ends up in a court case, then the defendant's lister will check minutely all the documentation to establish that it was correctly served and at the right time, and so many cases fall foul of um of lack of paperwork or wrong paperwork. Yeah, I know. What do you why do you think that is? Well, because people do the job, don't do it properly, or aren't smart enough.
SPEAKER_00Yeah.
SPEAKER_01Unlike you and I, who are well on top of all that.
SPEAKER_00Absolutely, very much on top. So, you know, what's our what's our takeaway? I mean, if the basics aren't done properly at the start of the tenancy, everything that follows becomes harder. Get the setup right and you avoid most problems later. What I would say is, you know, if as a landlord you're interested in or want to get some checklists, then there will be a link following this podcast to checklists that we produce that you might find useful. Well, that's it for today, Ian. So thank you very much. Thanks for tuning in to this week's episode of the All Things Property Podcast. If you found this episode useful, don't forget to subscribe, like, and share. These things really help us reach the people who need to hear this advice. See you next week.