Here to help: Tenant problems checklist

Are you a landlord experiencing problems with your residential tenants? Contact our legal advice helpline to get some useful guidance from our experienced legal advisers.

This checklist will give you an idea of the topics our legal advisers will want to cover. Get this information ready in advance of your call so our experts can give you the best possible advice and avoid having to stop the call for you to gather more information.

Please note – this checklist applies to properties based in England and Wales. If your property is based in another location this checklist will not apply, but we can still give you advice over the phone for properties in some other locations.

  • Rent recovery checklist
1. What sort of residential tenancy do you have?

Is it an Assured Shorthold Tenancy (AST), an Assured Tenancy, House of Multiple Occupation (HMO), etc?

2. When did the tenancy start?

What is the start date of the original tenancy and any renewal tenancies?

3. What is the initial fixed term of the tenancy?

When the tenancy started, how long was the initial period before it moved into a rolling tenancy?

4. Are there any break clauses within the tenancy agreement?

Is there a clause in the tenancy agreement that allows you or the tenant to end the tenancy before the end of the initial fixed term?

5. Have the tenants paid a deposit and did you manage it correctly?

Has the deposit been protected in a Government approved tenancy deposit scheme and was information about the deposit scheme provided to the tenant within the relevant time frames?

6. How much deposit have you taken?

What is the total deposit amount for the property?

7. Has the tenant been served with all the correct certificates?

Energy Performance Certificate, a Gas Safety Certificate and the How to Rent Guide?

8. Are there any retaliatory eviction issues?

These relate to claims by the tenant about the condition of the property which lead to local authority involvement.

9. Do you use a letting agent?

Is there a person or company that manages the property and tenant on your behalf?

10. Have you served any notice on the tenant? If so, when?

This can include a section 21, section 8, or just an “informal” notice.

11. Does the tenancy allow section 8 notice to be served within the fixed term?

Is there a clause referring to Section 8 notice or schedule 2 grounds within the tenancy?

12. Is the tenant in rent arrears?

If so, how many weeks/months in arrears is the tenant?

13. Is the property in Wales?

If so, is the landlord/agent registered and or licenced?