Q & A — Landlord and Tenant Act

27 04 2015

Our dedicated Legal Team can help you with any concerns you may have about your property, tenancy and obligations. Here are a few Q&A we dealt with recently.

Question:
We had a tenant who left a property in July 2014 and he has now reappeared and asking for the return of his furniture, which he left in the flat. We stored the furniture but eventually disposed of it. He is threating legal action and we have pointed out that there is a time limit on our legal obligation to retain belongings. What’s the time limit please?

Answer: The time limit under Torts (Interference with Goods) Act 1977 is 3 months but it does not even have to be that long and it can be as little as two weeks. You just need to demostrate that you used every possible means to contact the ex-tenant to get them to deal with their goods but they did not respond.

Question:
I am a landlord and have a number of HMO properties. I provide broadband to my tenants and I worry of any internet activity if illegal may result in me being liable for it?

Answer:Insert a clause in the tenancy agreement regarding the fact that broadband is provided as a facility for the tenants, and that it is a specific term of their tenancy that they use the facility responsibly and legally and they, not the landlord, will be fully liable for their misuse or that of their visitors.

Question:
is it permissible to access a property given 24 hours formal written notice? The Landlord’s Surveyor wants to conduct a survey of the property and the tenant simply doesn’t answer calls.

Answer: No, the only provisions that do exist are there really to assist a Landlord in discharging his statutory repairing obligations as per Section 11 Landlord and Tenant Act 1985. In this case, if the purpose of this survey is to check the structure of the property then of course the provisions of Section 11(6) Landlord and Tenant Act 1985 could be argued to apply.

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