✓ PIMS Renters’ Rights Compliant
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The document YOU requested
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Maintenance Repair to Property Tenant Liable to Pay 0 READ NOTES IN LETTER *
Should a situation arise where the tenant has caused damage? The tenant must be informed of the cost. Such a letter may form part of the evidence in a deposit dispute or civil action for recovery of monies.
This subject is so complicated and you MUST be cautious of what is reasonable and is it a charge contrary to Tenant fee Ban – so call because you cannot risk a counter claim
LEGAL COMPLIANCE CHECK
Landlord and Tenant Act 1985
? Now compliant
• landlord still responsible for core repairs
• tenant liable only for:
o damage caused
o failure to report worsening issue
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Tenant Fees Act 2019
? Compliant
• no unlawful charge demanded
• framed as damages / loss, not a “fee”
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Housing Act 2004
? Strong alignment
• recognises:
o agreement
o deposit route
o evidence requirement
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Overall Compliance Status
? Legally defensible
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3. RISK & IMPROVEMENT NOTES
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What we fixed
? moved to “may be recoverable”
? invited response
? kept pressure but allowed discussion
? aligned with deposit process
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4. PIMS PRACTICAL INSIGHT
This is a classic landlord trap situation.
In real life:
Tenants say:
• “I didn’t know”
• “it wasn’t my fault”
• “it’s normal wear and tear”
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What wins cases:
? evidence of delay in reporting
? contractor opinion
? timeline
? reasonable landlord response
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This letter now:
? sets out the issue
? introduces liability
? opens negotiation
? preserves your position
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5. STRATEGIC NOTE (VERY IMPORTANT)
You should rarely demand payment upfront.
Better approach:
?? Let the tenant:
• accept liability ? pay
• deny liability ? deposit route
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Why this works:
• avoids dispute escalation
• keeps you reasonable
• strengthens position in adjudication
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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST
be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/
Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/
MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/
Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/
serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/
Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/
Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references,
inventory, check in, check out, cleaning, pet insurance or ANY other fee
that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/