Why is it so important for a landlord to keep full maintenance records?
As a landlord or agent, it is essential to keep track of all the maintenance work carried out on your rental properties. This is not only important for keeping the property in good condition but also for ensuring that you comply with the UK Deregulation Act 2015.
The Deregulation Act 2015 introduced several important changes to the private rented sector, including the requirement for landlords to provide a detailed record of any maintenance work carried out on their properties.
Why is recording tenant maintenance important?
There are several reasons why it is important to record tenant maintenance correctly:
1.Compliance with legislation
As mentioned, the Deregulation Act 2015 requires landlords to provide a detailed record of any maintenance work carried out on their properties. Failure to comply with this legislation can result in penalties, including being unable to serve a Section 21 notice, which is a legal requirement for landlords to regain possession of their property. When serving a Section 21 notice, the landlord needs to be able to demonstrate there is no unresolved maintenance at the property.
2.Proof of maintenance work
Recording maintenance work is essential for proving that you have carried out necessary repairs on your property. This can help protect you from any disputes with tenants, as you can provide evidence of communication with contractors and work carried out in the event of a disagreement.
3.Keeping track of expenses
Keeping a detailed record of maintenance work carried out on your property can help you keep track of your expenses. This is particularly important for landlords who need to calculate their profits and losses for tax purposes.
4.Improving tenant relations
Recording maintenance work can help improve your relationship with your tenants. It shows that you take their concerns seriously and are committed to maintaining a safe and comfortable living environment for them.
How can you record tenant maintenance correctly?
Now that we have established the importance of recording tenant maintenance, let's take a look at how you can do it correctly:
1.Keep a maintenance log
The easiest way to keep track of maintenance work is to keep a maintenance log. This should include details of how/when it was reported, any work carried out on the property, including the date, time, and nature of the work, as well as who carried out the work and any costs incurred.
2.Use photographs and videos
It is also helpful to take photographs or videos of any maintenance work carried out on the property. This provides visual evidence of the work done and can be used to back up any written records.
3.Keep receipts and invoices
It is important to keep receipts and invoices for any maintenance work carried out on your property. This provides proof of the costs incurred and can be used to calculate your profits and losses for tax purposes.
4.Communicate with tenants
It is important to communicate with your tenants about any maintenance work carried out on the property. This includes letting them know when work will be carried out, what work will be done, who will be attending and how long it will take.
5.Keep records for a minimum of 6 years
Landlords are required to keep records of maintenance work carried out on their properties for a minimum of 6 years. This means that you should keep all records, including maintenance logs, photographs, and invoices, for at least 6 years. An electronic system is recommended.
Compliance with the Deregulation Act 2015
The Deregulation Act 2015 also includes provisions to protect tenants from retaliatory evictions, which can occur when a landlord evicts a tenant in response to a request for maintenance work or other repairs.
If a tenant raises concerns about the condition of the property and requests repairs, the landlord is required to respond within a reasonable timeframe and carry out any necessary work. If the landlord fails to do so, the tenant can make a complaint to the local council, who can issue an Improvement Notice requiring the landlord to carry out the work.
If the landlord then attempts to evict the tenant within 6 months of receiving the Improvement Notice, this is considered a retaliatory eviction and is unlawful. The same applies if a Section 21 is served and there is maintenance outstanding on the property. In such cases, the tenant can challenge the eviction in court and seek compensation.
By keeping a detailed record of any maintenance work carried out on the property, landlords can demonstrate that they have responded to tenants' concerns and taken steps to maintain the property to a certain standard. This can help to prevent disputes, reduce the risk of retaliatory evictions.
Conclusion
In summary, recording tenant maintenance correctly is essential for compliance with the Deregulation Act 2015, proof of maintenance work, keeping track of expenses, improving tenant relations, and preventing retaliatory evictions. By following the guidelines outlined in this blog post, landlords can ensure that they meet their legal obligations and provide a safe and comfortable living environment for their tenants.
The purpose of this requirement is to ensure that landlords are held accountable for maintaining their properties to a certain standard. By keeping detailed records of maintenance work, landlords can demonstrate that they are meeting their legal obligations and providing a safe and comfortable living environment for their tenants.
Failure to comply with the Deregulation Act 2015 can result in serious consequences, including financial penalties, difficulty in regaining possession of the property, and reputational damage. Therefore, it is essential that landlords understand their obligations under the Act and take steps to ensure that they comply with its requirements.
