Clauses When Renting Out A Property

[Ric.ror]

If I was to rent my house out could I insist on a non smoker no pet no dss etc
It’s a three bedroom unfurnished so it’s probably a family I’d be looking at

What else would anyone advise I asked for or boycotted

[Zacs-Master]

Perfectly legal to include a clause which reads something like:
‘Not to smoke or permit any guest or visitor to smoke tobacco or any other substance in the property, unless the landlord has given written consent’

Info on renting b not renting to DSS claimants
https://www.rentr.co/blog-no-dss-should-you-let-to-tenants-on-housing-benefits

[EDDIE51]

Say you rented to a tenant in full time work and they then lost their job and had to claim benefit? You can't evict them.
Plus the DWP will pay the rent direct to the landlord.

[Zacs-Master]

No, but you can serve them notice.

[woofgang]

Will they Eddie? Pay rent directly to the landlord? I thought that had been stopped.

[woofgang]

Apparently only under limited circs now
https://england.shelter.org.uk/housing_advice/housing_benefit/what_is_local_housing_allowance_lha

[ummmm]

Yes...it goes to the tenant. Stupid idea.

[KARL]

At renewal our insurer asks if the tenants are DSS, and when I ask what they mean exactly it is explained that they want to know if (effectively) the tenants are in receipt of benefits. My response is always that the tenants pay me the rent by direct debit and I do not ask them where they got their money nor do I quiz them on details of their private lives. That is usually the end of that part of the conversation.

One needs to be aware of what (so far as the landlord is concerned) the legislation requires, allows and/or rules out regarding renting. The legislation is constantly changing and some of it rules out certain stipulations regarding the tenancy (at least in practice, i.e. where disputes arise involving the courts - "unfair clauses"). Check the internet and/or talk to Citizen's Advice Bureau.

[Ric.ror]

Now that’s interesting because I too thought the DSS would not pay directly to the landlord
Good job I asked

Thank you for your answers

[Islay]

Can I just point out that if you want it to be a family home they may want pets - why not put in a clause that reasonable pets only with prior permission?
The amount of pets that have to be rehomed because landlords won't accept them is shocking.

[EDDIE51]

As the link says the DSS will pay the rent direct to the landlord if the tenant has a history of financial problems, relies on benefits alone, is in debt or rent arrears. (which basically covers any 'problem tenant') They did this for my daughter for over 3 years until she got a council house. Then the council automatically took the rent out of the housing benefit.
Although it is not strictly allowed a lot of landlords will not rent to tenants on benefit unless the DSS are paying the rent direct to them. They write to the DSS and say there are rent payment problems and back up the tenants request for direct payment. They threaten eviction if the DSS do not comply. Of course, when faced with a threat of eviction the DSS always agree to pay direct to the landlord. It's a LOT cheaper than the alternative of paying for emergency accommodation in a B&B or Hotel.
It is essential to know how to play the system!

[Ric.ror]

Would it be appropriate to insist on an initial six month let with the option to extend on both parties

[Islay]

Yes although you may find a year more suitable

[Zacs-Master]

You have to give your tennant one of these:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496709/How_to_Rent_Jan_16.pdf

Advice on assured shorthold tenancies here:
https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

[diddlydo]

It's perfectly OK to have the non-smoking, no pet, no DSS clause - just make sure your letting agent understands that. Also, if you are leaving white goods (fridge-freezer, washing machine etc) in the property, make sure that you have a clause saying that tenants are responsible for those if they go wrong/break down completely etc.

[Islay]

Wow diddlydo!! That’s rough so leave an old fridge and when it goes wrong the tenant has to fix it or replace it - I know what I would tell yo to do!

[diddlydo]

Islay - I speak from experience. If I leave decent white goods (not a rusty old fridge living on borrowed time) in what is essentially an unfurnished property for the benefit of the tenants, that's a perfectly reasonable clause and one which my letting agents suggested.

[Islay]

Any unfurnished flat that I have rented does not have any white goods including cooker - if you supply them they are your responsibility!

[Zacs-Master]

Islay, White goods do not form part of the landlords repairing/maintenance obligations under section 11, Landlord & Tenant Act 1985.

It can be agreed in the AST as to who has responsibility.

[Islay]

Zacs when I have rented as I do now - if anything goes wrong with the white goods supplied by the landlord - in my case the fridge - they have repaired it, the washing machine fridge freezer and dishwasher that I have supplied I am obviously responsible for.

[Zacs-Master]

Fair enough. The AST (or AT) agreement must have stated that.