Landlord guide

Landlord guide - Lettings and Tenant management

As a landlord, you must place your tenants’ deposit in a tenancy deposit protection (TDP) scheme if you rent out your home on an assured shorthold tenancy that started after 6 April 2007. These must be held in a government-backed scheme such as the Deposit Protection Service (DPS) or The Tenancy Deposit Scheme (TDS). Prescribed information when the deposit has been received and paid into the scheme must be supplied to the tenant within 30 days of receipt of the deposit. The tenant must be made aware of which scheme, the amount, the date of the deposit and what to do for repayment. Failure to secure the deposit or to supply prescribed information within time limits would mean that the landlord is not complying with the law and can be taken to court.

These government-backed schemes ensure tenants will get their deposit back if they:

• meet the terms of the tenancy agreement
• do not damage the property
• pay the rent and bills

The landlord (or letting agent) must put tenants’ deposit in the scheme within 30 days of getting it.

Infomation which must be given to tenants

Within 30 days of getting their deposit, tenants must be told:

• the address of the rented property
• how much deposit they’ve paid
• how the deposit is protected
• the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
• your (or your letting agency’s) name and contact details
• the name and contact details of any third party who paid the deposit
• why you would keep some or all of the deposit - for example, because your tenants damaged the property and you need to fix it
• how to apply to get the deposit back at the end of the tenancy
• what to do if they cannot get hold of you at the end of the tenancy
• what to do if there’s a dispute over the amount of deposit to be returned at the end of the tenancy

If you do not protect your tenants deposit

Your tenants can apply to a county court if you do not use a tenancy deposit protection (TDP) scheme when you have to. They can do this at any time during the tenancy.

If the court finds you have not protected the deposit, it can order you to either:

• repay it to your tenants
• pay it into a custodial TDP scheme’s bank account within 14 days

The court may also order you to repay your tenants up to 3 times their original deposit within 14 days of making the order.

As lettings agents, we want your property to be managed problem free with tenants who follow the rules laid out in their contract and pay rent on time. However, sometimes things do not go as planned. This guide will help you understand which forms are served as notice and when to give you an idea of how certain issues are tackled.

AST = Assured shorthold tenancy where a tenant signs a contract to stay in a property for a fixed term followed by periodic tenancy

AT = Assured tenancy where a tenant is can remain in a property for the rest of their life as long as all other conditions for tenancy are met

For both types of tenancies the rent must be paid on time and in full to avoid being 'in breach'

Notice types

Section 13 Notice - Form 4

Used when a landlord wishes to increase the rent amount on a property they have let to the tenant. It cannot be used within the first 6-12 months of the AST. Even if the landlord wishes to raise the rent, the tenant can refuse and appeal to a housing tribunal to adjudicate. As a landlord, we would encourage you to raise the rent annually to reflect rising operational costs. We would also advised on the increase being within 10% ideally of the monthly rental amount.

Section 8 Notice - Form 3_1

In essence the tenant has broken the terms of the tenancy. Can be used for a variety of breaches (must be evidenced) but mainly for rent arrears. It would be expected that the landlord has attempted to utilise every possible step to resolve the issues but the tenant is refusing or withholding rent with no valid reason for doing so. Can be used for assured tenancies. 

Section 21 Notice - Form 6A

The landlord can serve a Section 21 to give notice to the tenant(s) to vacate the property and for the landlord to repossess. It can be used after the fixed term ends (6 or 12 months AST) and during the periodic tenancy with no specific end date. To serve a section 21 successfully the property’s Energy Performance Certificate the government’s ‘How to rent’ guide, a current gas safety certificate for the property, if gas is installed must have been given to the tenant or 'lead' if more than one person is living at the property. A section 21 notice cannot be served for an assured tenancy, a section 8 must be served instead. 

Eviction - possession orders

You can use the possession claim online service if you want to get your property back because your tenants owe you rent.

The service lets you fill in court forms online and see how the claim is progressing. It costs £355.

You will not be able to use the online service for some kinds of standard possession claim, for example where there’s been trespass on your property, or your tenants have broken the terms of the lease. You will need to use the paper form and post it along with a cheque for £355.