- Charging a letting fee – private landlords are not permitted to charge letting fees. Letting fees are allowed under tenancy law (Residential Tenancies Act) but only Property Managers, Letting Agents or a Landlord’s Solicitor are allowed to charge this fee.
- Visiting the property unannounced – just popping in to make a small repair or fix a leaky toilet or doing some painting is not permitted without letting the Tenant know. As Landlord, you must:
- give at least 48 hours’ notice if you want to inspect the house or flat and carry out the inspection between 8am and 7pm
- give the tenant at least 24 hours’ notice if you need to do any repairs or maintenance, and do the work between 8am and 7pm
- Doing your own electrical repairs – OK, Landlords can do some electrical work on their rentals. And if you have the skills you can replace plugs and fuses, etc. But please know your limitations. We have seen dodgy handyman work that would likely invalid insurance cover, if there was a fire. End of sermon.
For a full list of the electrical repairs you can do on your home or rental, please refer to Regulation 6A of the Electricity Safety Regulations 2010.
- Going overseas for more than 21 days – If the Landlord is going overseas for more than 21 days, they must appoint someone as their Agent. The Agent should be fully aware of (and able to fulfil) the legal requirements, obligations and responsibilities of managing a rental property.
You will also need to let your Tenants know who the Agent is (it doesn’t have to be a Property Manager) and how they can contact the Agent (via a contact number or email).
Failure to appoint an Agent and follow the procedure is an unlawful act under the Residential Tenancy Act and Landlords can be liable for exemplary damages of up to $1,000.
- Delaying maintenance – As a Landlord you must:
- keep the premises in a reasonable state of repair
- comply with building, health and safety requirements
That means all appliances must work, locks and windows secure and every in good working conditions e.g. windows, doors, etc
With delaying maintenance, a Landlord could be ordered by the Tenancy Tribunal to action any outstanding work and pay compensation to the Tenant e.g. 6 months without a stove or garage. So, it is best practise to get repairs and maintenance actioned promptly.
OK, so some of these are basic, but if you have done or doing more than 2 – you better call me, for a no obligation chat.
Regards
Tony Smith Director Quinovic Greenlane – [email protected] or 021 931 081
