The great and the good of Portsmouth’s
Property Industry turned out in force for the 2011 PPA Annual Charity Dinner
held at the Guildhall in support of the City’s Beneficial Foundation.
The event, sponsored by developer Warings,
attracted some 200 property professionals and their guests from throughout the
region to celebrate an interesting 2010 and to belatedly welcome with optimism,
a more prosperous 2011. We were
delighted to welcome The Lord Mayor Councillor Paula Riches who was able to tell
us of her recent experiences meeting with the Associations chosen charity and
the great work they carry out, Â providing education,
training and rehabilitation to adults of all ages who are in need.
In his welcoming speech, Chairman Roger Sherliker, was positive of the ongoing
role of the property industry, as a driving force in the city, commenting that
we are all able to â€œcontribute to
its revitalisation and growth in the next few yearsâ€.
Excellent spirits, created by great food
and great company were further enhanced by the brilliant Comedian Jed Stone, who
had them rolling in the aisles before kindly drawing the Raffle to bring the
evening to a close.
Many thanks go to all those who helped
make the evening such a success.
Particularly to Warings for their generous sponsorship of the event, to
HantWight Searches Limited who sponsored the Champagne reception and to the
following companies for their generosity in the Charity Raffle: 1000 Lakeside
Northarbour, Glanvilles LLP, Carnelian Property Services, Portsmouth FC, Clive
Emson Auctioneers, Pearsons, Fairhalls, Larcomes Solicitors, Gosport Business
Centre, Warner Goodman, Hughes Ellard and The News who also provided all the
printed materials for the event.
A good time was had by all and as was
announced on the night approximately £2500 was raised for the Beneficial
Â It is surprising how often Landlords and Tenants alike, avoid having an
inventory prepared to save a few pounds, despite the fact that there is a
significant sum at stake in the event of a dispute.Â The changes in 2007, to the way assured
shorthold tenancy deposits are dealt with and their subsequent return is
intended to avoid landlord’s inventing claims and the inventory is a key part
of this protection.Â
The inventory once signed by both parties forms part of the Tenancy
Agreement and is simply a record of the content and condition of the property,
on the day the tenancy starts.Â The
inclusion of photographic evidence of condition will further strengthen the
value of the report.Â
When considering whether there is a valid claim against the deposit when
the tenancy ends, both Landlord and Tenant should be aware that the property
does not have to be returned in exactly the same condition in which it was
taken.Â Consideration must be given to
â€˜fair wear and tear’, the interpretation of which will vary, depending upon the
type of tenant and the length of occupation.Â For example, a couple with a child who have been in occupation of a two
bedroom house for a year will inevitably impact more on a property than a
single individual in the same house for the same period.Â
To establish the condition of the property beyond simple wear and tear, Tenants
are strongly advised to take the time to check the inventory room by room.Â An inventory can only properly protect both
parties, if it is dealt with thoroughly and with a critical eye at the start of
The inventory is essential!Â It will ensure a secure basis for any
landlord claim and will also ensure that tenant’s are not held responsible for inappropriate
Surely you would think, that all Landlord’s are aware that their AST (assured shorthold tenancy) deposits must be secured in a recognised scheme?
It would appear not, as we increasingly come across properties with unprotected deposits. I am sure there are some new landlord’s who are unaware of these regulations, which we now take for granted? Further, there is no doubt a small minority, for whom the initial concern of falling foul of the law has passed and a more â€˜relaxed’ approach to deposits appears to have taken hold and so, our reminder:Â
Since 6 April 2007, all deposits paid by occupiers under an AST must be protected in a recognised scheme, please visit the private renting pages of www.direct.gov.uk for more information on the schemes available. This must be done within 14 days of receiving the deposit or sanctions could apply. These sanctions mean that the tenant could ask the court for the return of the deposit and an order requiring the landlord to pay them three times the deposit and in addition Landlords, please remember, you cannot serve a section 22 notice to gain possession of your property as long as the deposit remains unprotected.
Since The Assured Tenancies (Amendment) (England) Order 2010 came into force on the 1st October 2010 this now applies to annual rents of upto £100,000 from the original £25,000, so even more private rentals are covered by the deposit scheme.
Our final word? To all tenants, check your deposit is protected. All the information regarding the deposit scheme your landlord or their agent use should be included in your AST agreement. To all new landlords, we would strongly recommend that you seek professional advice before entering into an assured shorthold tenancy agreement. Your advisor could help you avoid a costly mistake.
Everyone has very specific expectations about what their Landlord and Managing Agent should deliver. Most will also be quick to shout, quite rightly, when they don’t!
But what about the Leaseholder? Quick to know their rights, are they all as quick to understand their responsibilities? For all those literally, living on top of one another, simple consideration of your neighbours is essential. When moving from a house to a flat particularly, the change in living style will often come as a real shock. But, fail to consider your neighbours and you will eventually have a revolt on your hands!
Noise is the main cause of disputes, whether it is listening to Cliff Richards at full volume, DIY or workmen; keeping the volume down and neighbours informed of unusual noise and when it will occur, will help avoid complaints. And those wooden floors in house conversions? Neighbourly carpets or rugs are a real must and will often be required by your lease. Most importantly, get to know your neighbours! Issues can usually be resolved with a quick chat.
‘Water water everywhere….’ Water leaks are the most common cause of damage not only to your own property but also those beneath you and a great way to fall out. If going away from more than 48 hours turn off the water at the flat’s stopcock and provide your managing agent with an emergency contact.
Another great cause of disputes is ‘Parking Wars’. They are a problem everywhere; from your local shops, to the office, to your property’s car park. Allocated spaces should be respected and make visitors aware of where they can park. Visitor’s parking is just that! Parking your car in the visitor’s space to leave yours free is technically cheating and the promised neighbour revolt will soon follow.
Carnelian Property Services
and PPA commitee member