During the Tenancy
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continued
Inspections
Decide at what intervals periodic inspections will take place:
months
Have you checked time sensitive visas in line with the Immigration Act 2016? If occupiers who do not prove their right to reside in the UK then this must be reported to the Home Office to avoid a possible prison sentence and a large fine. Have you checked to see if there are any over 18's who were previously under 18's at the start of the tenancy or at your last property visit? If so, Right to Rent checks must be done.
Are photographic, detailed inspection reports on file?
Have you kept an audit trail of every maintenance issue reported by the tenant? You must have evidence of maintenance issues being received and responded to in writing.
If, during these inspections, you see any signs of illegal activity, you are obliged to report them to the relevant authorities or you may be charged under the Proceeds of Crime Act 2002. If you see any signs of unauthorised occupants, they must have their ID's verified. Failure to provide ID will require you to report the unauthorised occupants. Do you complete all maintenance issues in a timely manner and keep tenants informed throughout the process? You need to seek permission to enter the property in every instance. Keep all correspondence and interactions with detailed notes as you may need them as evidence at a later date.
Notice to Vacate - Section 21 Notice
Have you used the correct Form 6a?
Did you ensure that all relevant documents to allow notice were issued to the tenant in line with the Deregulation Act 2015. These are; the EPC, Gas Safety Certificate, EICR, How to Rent Guide and any relevant license. You must ensure that the notice is not a retaliatory eviction under section 33 of the Deregulation Act 2015? If your tenants fail to vacate within the statutory two months notice period, do not, under any circumstances, enter the property as you will be breaking several laws including the Protection from Eviction Act 1977. Seek immediate legal advice as you will need to seek possession through court. When you do get possession, you must still wait for the tenant to surrender the keys before you can legally enter the property.
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