• #30: What should landlords do about damp and mould?
    Oct 16 2024
    How can landlords intervene to break the cycle of damp and mould in their rental properties? No-one likes living in a property with black mould, and the death of toddler Awaab Ishak in 2020 after developing breathing problems because of the black mould in the flat his parents rented from a housing association show just how important it is for landlords to take damp and mould seriously. There's often more than one cause of black mould, and it's important for landlords to get to the bottom of it. This is another very practical episode for landlords. Suzanne Smith and Richard Jackson discuss the different types of damp, what causes black mould, the practicalities of landlords' responsibilities, what landlords should do if a tenant reports damp and mould, and some practical tips to help landlords and tenants to stop condensation mould coming back. >> Ask a question: Click here for question form What we cover in this episodeWhat are landlords' legal obligations about mould?The Decent Homes Standard and Awaab's LawThe different types of damp2. Condensation damp2. Water penetration3. Rising dampWhat is black mould?What causes black mould?What must a landlord do if a tenant reports black mould?Tips to reduce the risk of black mouldThe importance of keeping recordsThe importance of a collaborative problem-solving approach with tenants What are landlords' legal obligations about mould? The law requires all privately rented properties to be fit for tenants to live and free from serious hazards that are harmful for health. If damp and or mould are present in a rental property, it's the landlord's responsibility to identify the underlying causes of the problem so that they can be addressed. In fact, Government Guidance published in 2023 states that landlords must take damp and mould seriously, assess the underlying causes with urgency, take appropriate action and keep tenants informed. Landlords have a legal obligation to maintain the fabric of the building, and remove the source of the moisture to reduce the risk of damp and mould. From a practical perspective, this means that landlords should fix such as misaligned downpipes, blocked guttering, leaking waste pipes, missing roof tiles etc. Tenants on the other hand are responsible for keeping the property in a “tenant like manner”. >> Related blog post: What does “tenant-like manner” mean? >> Related blog post: How should landlords best tackle damp and mould? The Decent Homes Standard and Awaab's Law The Renters' Rights Bill is introducing some new obligations on private landlords, not only to comply with a new decent home standard for the PRS, which will the hazards of damp and mould, but also Awaab's Law. "Awaab Law's" is the name given to Section 42 of the Social Housing (Regulation) Act 2023 which requires social landlords to fix reported health hazards within specified timeframe, still to be confirmed. The Renters' Rights Bill will extend Awaab's Law to the private rented sector. They haven't yet clarified how they will do this, although in the Guidance to the Renters’ Rights Bill says that details will be set out in regulations, after consultation on how best to apply Awaab’s Law to the PRS “in a way that is fair, proportionate and effective for both tenants and landlords”.Second Reading . T >> Related episode: Election special: What the manifestos say about rental reform >> Related blog post: Renters’ Rights Bill and the Decent Homes Standard for the PRS The different types of damp 2. Condensation damp Condensation damp happens when warm moisture vapour that's created inside a property from breathing, cooking, showering, and drying washing, cools and condenses into water when it touches, cold parts of buildings, such as outside walls and windows. You often see condensation on a windows and it's worse on outside walls. Condensation sometimes isn't visible as it starts to grow in hidden places where th...
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    24 mins
  • #29: Renters’ Rights Question Time
    Oct 9 2024
    Following the publication of the Renters' Rights Bill a little under a month ago, and in honour of the Second Reading of the Bill in the House of Commons today, Suzanne Smith and Richard Jackson answer some of the many questions they've received from listeners of Good Landlording about different aspects of the Bill. The episode is full of practical advice, and explains the areas where things aren't yet clear. On that note, it's of course course subject to the usual disclaimer that the Bill still isn’t finalised, and some of the wording is ambiguous. The questions about the Renters' Rights Bill cover topics as diverse as rent, what happens when Section 21 is abolished, the transition arrangements, the treatment of antisocial behaviour, pets, students, and the possible impact on leaseholders. There is a worked example of the transition arrangements in the show notes below. >> Ask a question: Click here for question form Questions we answer in this episodeDetail on the new rules on rentWhat happens when Section 21 goes?What happens to Section 21 notices pending on Commencement Date?What are the current time limits for Section 21 notices?General rule for Section 21 notices served before the Commencement DateExample timeline assuming Commencement Date is 1 July 2025Transition arrangements - worked examplePetsStudentsImpact on landlords who are leaseholders Detail on the new rules on rent Here are the questions from listeners about how the Renters' Rights Bill changes rent: It seems that it is possible to increase a rent to market rent and not to a fixed percentage increase? Isn't this a good thing for Landlords? I'm struggling to find the clauses dealing with "no advance rent payments". Is that a thing? It’s been mentioned quite a bit by various people, but in your recent podcast, Suzanne said it’s not clear. Can she explain more about that? >> Related episode: #27: What the Renters’ Rights Bill changes about rent >> Blog post: The new rules about rent in the Renters’ Rights Bill What happens when Section 21 goes? Here are the questions from listeners that relate to the abolition of Section 21 in the Renters' Rights Bill: Can a tenant under the new legislation avoid eviction by staying 2 months in rent arrears, so they avoid reaching the three month threshold for eviction? Can you expand on how Anti-Social Behaviour is treated in the RRB, please? If you want to sell your HMO, (not to family), it mentions tenancies of not less than 12 months which is not possible in an HMO? Okay if you are selling it on as an HMO but if not? I entered into a 12 month AST with tenants on 1 August 2024, and I don’t want to renew with them next year. Can I serve a s21 notice now? What happens if I serve a s12 notice just before the s21 is abolished? >> Related episode: #26: What happens when Section 21 is abolished? >> Blog post: How and when will Labour abolish Section 21 no fault evictions? What happens to Section 21 notices pending on Commencement Date? When the Renters' Rights Act comes into force, the general rule is that all Section 21 notices that have been served before the Commencement Date (when the new tenancy system comes into force) will still be valid. However, there are some rules regarding how long a landlord will have to apply for an order for possession after the the notice expires before it becomes time-barred. What are the current time limits for Section 21 notices? The current rules are that the Section 21 notice can't be served in the first 4 months of a tenancy. However, if the tenants ignore the notice and don't move out when it expires, the landlord must apply for an order for possession within 6 months of the date the notice was served. This rule will be modified for Section 21 notices that expire after the Commencement Date. General rule for Section 21 notices served before the Commencement Date
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    30 mins
  • #28: How to manage tenants and keep them happy
    Oct 2 2024
    Good tenants are precious, and landlords should do all they can (within reason!) to keep them happy and encourage them to stay. In this episode of Good Landlording, Suzanne Smith and Richard Jackson talk about how to keep tenants happy. Starting off on the right foot even at the viewing stage, so it creates a positive impression for new tenants, and keeping them happy once they've moved in. They borrow some ideas from the management of employees, and apply them to the management of tenants. This starts with an "onboarding" process to create a positive relationship - or the "psychological contract" in management speak. It's not all management theory. The episode is full of lots of practical tips to help landlords look after their tenants and keep the tenants happy. >> Related episode: #1: What makes a good tenant? >> Ask a question for the show: Click here for question form What we cover in this episodeWhat is "onboarding"?Why the "psychological contract" is important?What is a tenant onboarding or induction?Tenant reviews of landlords - Marks Out of TenancyProvide a welcome pack or house manual to tenantsWhat quiet enjoyment meansManaging repairsBe professional and business-like What is "onboarding"? Richard and Suzanne have both worked for American companies, and are used to the concept of "onboarding programs" for new employees. Onboarding is similar to what we call an an induction in the UK, but is more than that. It involves, welcoming a new employee into a company, showing them the ropes, and explaining what support there is, and also what the expectations are for the working relationship. Why the "psychological contract" is important? This onboarding idea is an important part of what's called the "psychological contract" between a company and an employee. It's how both parties understand their relationship outside of their formal contract of employment. It's all about how the employee feels about their boss and the company. It can be positive, or negative, and it starts at the interview stage. A similar psychological contract arises between tenants and landlords. Instead of a contract of employment, there's a tenancy agreement. This psychological contract is how the tenant feels about their rental property and their landlord, and is key to having happy tenants. We need to think about the psychological contract as starting from the very first moment that we meet the tenant when we're choosing them through agents or whether we're doing it ourselves. It continues when they move in and throughout the rest of the tenancy, until they eventually leave. What is a tenant onboarding or induction? Suzanne sees the relationship starting once she receives a message from an applicant through the online letting platform. Before they even view the property, she will have sent them suitability questions and may have called them (to avoid time-wasters). She also sends them a a link to the website for her property business, which has FAQs and a pet policy. At the viewing itself, she explains she's an Accredited Member of the NRLA, and that she's a good landlord who takes her obligations seriously and keeps the property in good repair. She sets expectations by saying she is looking for good long term tenants who look after the property, pay the rent on time, and are good neighbours. If they have a pet, she'll talk about her pet policy, and she tells them she increases the rent each year. This all ensures they know what they're getting before they make an offer to rent the property and send the holding deposit. Both Richard and Suzanne show the tenants around the property when they move in, and leave a house manual / welcome pack. Here are a few tips of things to cover when tenants checkin: Communication: explain the means of communicating with tenants, such as a WhatsApp group with the tenants to make it easy to contact each other.
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    24 mins
  • #27: What the Renters’ Rights Bill changes about rent
    Sep 25 2024
    The Renters' Rights Bill makes significant changes to the rules about rent for landlords and tenants in England. In this podcast episode, Richard Jackson and Suzanne Smith discuss the proposed restrictions on landlords when accepting offers from tenants, the new process that landlords will need to follow to increase rents, the new powerful rights for tenants to challenge and delay even reasonable rent increases, and what's happening with advance lump sum rent payments. They also discuss the challenges that landlords and letting agents face with a very short implementation timetable, with the expected "big bang" change over to the new tenancy system by the summer of 2025. Finally, they share tips on how to successfully navigate the change. >> Related episode: #26: What happens when Section 21 is abolished? >> Blog post: The new rules about rent in the Renters’ Rights Bill >> Ask a question: Click here for question form What we cover in this episodeThe changes to how landlords increase rentThe greater powers of renters to challenge rent increasesCan landlords accept advance lump sum payments of rent?The likely impact on tenants without a good credit historyThe rules to stop “rental bidding” The changes to how landlords increase rent Landlords will only be permitted to increase in-tenancy rent by giving at least 2 months' notice to expire at the end of a rental period, using the statutory process in Section 13 of the Housing Act 1988, and what will be an updated Form 4. Landlords won't be able to increase rent by agreement (unless the agreement is to reduce rent after a landlord serves a s13 notice) and all rent review clauses in tenancy agreements will be null and void. The greater powers of renters to challenge rent increases As now, tenants will be able to appeal Section 13 rent increase notices in the First-tier Tribunal, who will determine the market rent. If they do challenge a rent increase at the FTT, any increase in the rent will only come into effect on the date of the FTT determination. In other words, it won't be backdated to the date specified in the notice. This will have the effect of delaying an increase in rent that is fair and reasonable. Given the current delays on a small number of cases in the FTT now and the expected increase in appeals, this may have the effect of what David Smith of JMW terms "rent suppression". Can landlords accept advance lump sum payments of rent? The Bill does not say in words of one syllable whether advance lump sum payments may be made, and there is some disagreement between lawyers. This needs to be clarified urgently. The likely impact on tenants without a good credit history If upfront payments are outlawed, and given the expected increase in rent guarantee insurance as a result of the abolition of section 21, unless tenants have a good credit history, they may find it difficult to find somewhere to rent. The rules to stop “rental bidding” When landlords list or offer a property for rent, they will need to set a proposed rent. Landlords will not be permitted to accept offers above the proposed rent from prospective tenants. Credits window.addEventListener('message',function(e){'https://widgets.blubrry.com'===e.origin&&'object'==typeof e.data&&(document.getElementById(e.data.senderId).style.height=e.data.height+'px')}) Music: "Paradise Found" by Kevin MacLeod of Incompetech. Licensed under Creative Commons: Attribution 4.0 License.
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    23 mins
  • #26: What happens when Section 21 is abolished?
    Sep 18 2024
    In this week's episode, Suzanne Smith and Richard Jackson discuss the practicalities of what will happen when the Renters' Rights Bill will abolish Section 21 "no fault" evictions for landlords in England. They cover: what is Section 21, how Section 8 will replace Section 21, the key new and changed grounds for possession, when it's going to come into effect, and what landlords will need to do to adapt to the new regime. They also share their reflections on this new Bill. As always, it's a very practical episode. PS As a general caveat, it's still very early days with the Renters' Rights Bill. The Bill is really difficult to understand, and we may well change our views on how to interpret it. It may also change as it goes through parliament. Before taking significant action, do get advice from a specialist solicitor. You can contact us by sending us a message on our contact page if you would like a referral. >> Ask a question: Click here for question form What we cover in this episodeWhat is Section 21?What will replace Section 21?What is Section 8?When is Section 21 going to be abolished?Tips for adapting to the new regime Special offer from Symple for Good Landlording listeners #ad Before we get into the ins and outs of the abolition of Section 21, we wanted to share a promotion for listeners of Good Landlording that helps you, and helps support the podcast. We all know it can be a hassle for landlords to keep on top of gas safety certificates, EICRs and EPCs, especially for those of us who have a portfolio in different parts of the country. Although software like Alphaletz can help remind landlords when they are all due, landlords can also use Symple to make sure they are actually done on time. If you haven’t heard of Symple, it’s a free platform that’s designed to help landlords streamline their compliance management. You can set it up to order gas safety inspections, Electrical Installation Condition Reports (EICRs), and Energy Performance Certificates (EPC) with just one click. Symple provides landlords with automated renewal reminders to ensure they never miss a deadline and provides real-time updates on certificate statuses once they are ordered. Symple cover the whole of the UK with pre-approved local service providers. There’s no searching or chasing - Symple handles everything for you. Symple even guarantees to do it by the due date if you book it at least 4 weeks in advance. The charges for the certificates are reasonable, and all of the suppliers are vetted. And best of all, Symple are offering listeners of Good Landlording a 5% discount on all of their products with the code GL05. This is a paid promotion, but one that benefits our listeners as we have negotiated a 5% discount for our listeners on all certificates ordered from Symple using the code GL05. Click here for Symple What is Section 21? Section 21 of the Housing Act 1988 gives landlords the right to evict tenants without needing to give a reason. So long as that landlord serves a valid notice using Form 6A, which is on the government website, they give two months notice plus a few days for service (and assuming the landlord has, of course, served all the relevant documents when they needed to), then the landlord will get the property back. The landlord doesn't need to give a reason. It doesn't mean there is no reason, just that they don' need to explain their reason. >> Blog post: How and when will Labour abolish Section 21 no fault evictions? What will replace Section 21? The only way landlords will be able to bring a tenancy to an end after Section 21 is abolished is by using the Section 8 process. What is Section 8? Section 8 is from the Housing Act 1988 and allows landlords to evict tenants when they have a specific grounds or a reason. The landlord needs to provide evidence of the ground. There are two types of grounds:
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    29 mins
  • #25: Overview of Labour’s new Renters’ Rights Bill
    Sep 12 2024
    Suzanne Smith and Richard Jackson discuss their first impressions of Labour's new Renters' Rights Bill in this special episode of Good Landlording, shortly after Bill was published. They go through the big ticket items in the new Bill, how it compares to the old Renters (Reform) Bill, and what landlords should do to prepare for the new Bill. They'll be discussing the Renters' Rights Bill in more detail in the coming weeks and months, but this episode provides a useful overview of what's in the Bill, and what's not. >> Ask a question: Click here for question form What we cover in this episodeOverview of the Renters' Rights BillThe key parts of the Renters' Rights Bill1. The abolition of Section 212. The abolition of ASTs and fixed term tenancies3. Changes to Section 8 Grounds for Possession4. No rent controls in the Renters' Rights Bill5. Change to rent increase procedure6. No encouragement of rental bidding7. Other provisions in the Renters' Rights BillWhat should landlords do about the Renters' Rights Bill? Overview of the Renters' Rights Bill The Renters' Rights Bill is very similar to the old Renters Reform Bill, but with a fair few Labour "tweaks", notably removing the concessions given to Conservative backbench MPs at the Report Stage of that Bill, banning rental bidding, and giving tenants more rights when it comes to challenging rent increases. There are no dramatic surprises as the main provisions have been well signalled by the Labour government. The amendments that Labour proposed at the Report Stage of the Renters (Reform) bill have been reflected in the new Bill. >> Useful resource: Renters' Rights Bill Hub >> Blog post: How the Renters' Rights Bill compares with the Renters (Reform) Bill The key parts of the Renters' Rights Bill 1. The abolition of Section 21 The Renters' Rights Bill takes the same approach to the abolition of Section 21 no fault evictions as the Renters (Reform) Bill. However, there will be no delay to the implementation for existing tenancies for the Lord Chancellor's review of the operation of the County Court eviction process as there was with the Conservative's Bill. Instead, there will be a "big bang day" when all tenancies will switch to the new regime, without Section 21, whether they are new or existing tenancies. The abolition won't affect notices that are served before the Bill comes into force. >> Blog post: How and when will Labour abolish Section 21 no fault evictions? 2. The abolition of ASTs and fixed term tenancies As per the old Bill, assured shorthold tenancies will be replaced by periodic assured tenancies and landlords won't be able to sign up renters for a minimum period. Renters will be able to serve 2 months' notice to quit at any time. Labour have done this to make tenants flexibility so that they're not tied in and can leave places that are in disrepair. It's part of their aim of giving more power to renters. There is no exception for student landlords, and they won't be able to stop tenants moving out at Easter or after the exams in May. 3. Changes to Section 8 Grounds for Possession Contrary to media reports over the summer, the Renters' Rights Bill does not introduce a hardship test for Mandatory Grounds, which would have effectively turned all Mandatory Grounds into Discretionary Grounds. Landlords will be pleased that the new Bill contains the new Ground 1A from the Renters Reform Bill which entitles them to possession if they can demonstrate they wish to sell the property. 4. No rent controls in the Renters' Rights Bill Despite recent speculation, there are no rent controls in the Bill and no provisions to devolve the power to impose rent controls to local government and the Metro Mayors. 5. Change to rent increase procedure Landlords will only be able to increase the rent by using the Section 13 procedure, and the notice will be doubled from one month to two months.
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    15 mins
  • #24: Labour’s plans for replacing leasehold with commonhold
    Sep 2 2024
    Almost 40% of the properties in the PRS in England are leasehold, so the chances are that if you're a private landlord listening to this podcast, you'll have at least one leasehold property in your portfolio. If you do own a flat in England or Wales, or are thinking of buying one, you need to listen to this episode of the Good Landlording podcast. This is because the government plans to "take steps to bring the feudal leasehold system to an end", by "reinvigorating commonhold through a comprehensive new legal framework", and replacing leasehold with commonhold. As part of this, the Government say they will ban the sale of new leasehold flats so that commonhold becomes the default tenure. This promises have significant implications for leaseholders, should it see the light of day, and it's something that property investors need to understand. However, abolishing "feudal" leasehold is also a lot easier said than done, and in this episode of Good Landlording, Richard and Suzanne discuss what it all means, and what's likely to happen in practice. They also talk about the implementation of the Leasehold and Freehold Reform Act 2024, and plans to abolish forfeiture and tackle ground rent for existing leases. >> Ask a question: Click here for question form What we cover in this episodeRecap of what's in the Leasehold and Freehold Reform Act 2024What are Labour's proposals for the draft Leasehold and Commonhold Reform Bill1. Labour promises to "tackle" ground rent2. The abolition of forfeiture for leasehold properties3. Labour's promise to replace leasehold with commonholdHow does commonhold differ from leasehold?Why does the Government wish to abolish freeholdThe transition from leasehold to commonhold Recap of what's in the Leasehold and Freehold Reform Act 2024 The Leasehold and Freehold Reform Bill managed to get onto the statute just before the election, becoming the Leasehold and Freehold Reform Act 2024. The Leasehold and Freehold Reform Act 2024 has the following key provisions: Considerably longer lease extensions, ie 990 years instead of 50 for houses or or 90 for flats. A new valuation process that is more favourable to the leaseholder. The banning the sale of new houses as leasehold, making sure that they are sold as freehold. Changes to the valuation methods for collective enfranchisement by leaseholders. Greater transparency over service charges and estate management charges. At the moment the Act has only received Royal Assent, but hasn't yet come into effect. However the Government's July 2024 King's Speech says "The Government will act quickly to provide homeowners with greater rights, powers and protections over their homes by implementing the provisions of the Leasehold and Freehold Reform Act 2024". They also say in the King's Speech that they will "will consult on the best way to bring [...] the injustice of ‘fleecehold’ private estates and unfair costs to an end [...] and implement new protections for homeowners on private estates in the Leasehold and Freehold Reform Act 2024. It's expected that leaseholders will need to wait until 2025 or 2026 before they can exercise their rights to extend leases for up to 990 years, but the Government will be under pressure to do it as soon as possible. What are Labour's proposals for the draft Leasehold and Commonhold Reform Bill The King's Speech refers to publishing a draft Leasehold and Commonhold Reform Bill that will "reinvigorat[e] commonhold by modernising the legal framework". They will also "restrict the sale of new leasehold flats. The Government will consult on the best way to achieve this, so that generations to come will benefit from absolute homeownership". The use of the word "draft" means the Bill itself is unlikely to be presented to parliament in the next year. Instead, they will publish it to enable people to comment on it as commonhold is very complex.
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    22 mins
  • #23: What makes a successful HMO business, with Wendy Whittaker-Large
    Aug 28 2024
    In this summer special episode of Good Landlording, Richard Jackson and Suzanne Smith pick the brain of Wendy Whittaker-Large about what makes a successful, systemised HMO business. The episode a fantastic source of information for anyone who has HMOs, is thinking of converting a property into an HMO or is just "HMO-curious". Wendy gives an insider's view of how to make HMOs a success, and build an efficient systemised HMO business. >> Ask a question: Click here for question form What we cover in this episodeAbout Wendy Whittaker-LargeWhy invest in HMOs?Why do renters like HMOs?Which locations are good for HMOs?How tenancy agreements differ for HMOsWhy 6 Bedroom HMOs are the sweet spotWhat Article 4 means for HMO landlordsTips for developing an successful HMOTips for managing HMO tenantsThe importance of having a systemised business for HMOs About Wendy Whittaker-Large Wendy Whittaker-Large is the multi award winning founder of BestNest, a property development and lettings business, and HMO Success, a specialist HMO training and mentoring company. She's also the chair of the HMO Council Tax Reform Group which successfully overturned the single banding of HMO rooms for council tax in 2023. Wendy is a landlord who's grown a large property portfolio since 2012, mostly focused on HMOs. She has also published two books about HMOs: 101 Essential Tips for Running a Professional HMO and Extraordinary Profits from Ordinary Properties (Amazon links). Wendy is a regular on the speaking circuit, and has a successful podcast called the HMO Success Podcast which is available on Apple, Spotify and Podbean). Why invest in HMOs? An HMO is a house in multiple occupation, in other words, a building in which three or more households live together It's a cross between a hotel and a house, with people living there, or a family home where you might have you know four or five adults living. Whatever happens in the market, there is always a need for good quality, dense housing. Wendy believes HMOs offer tremendous benefits both for the people who live there and also, of course, for landlords investing in this type of housing. Buying an HMO allows one property to generate more revenue than renting it out as one single family let. Wendy says that an average yardstick would be £1,200 - £1,400 pcm net profit across the country. On the other hand, there is more work, more investment and more management time. HMOs cost more to refurbish, as they need to have better fire doors and fire protection, and amenities. The HMO is likely to need a licence, and they are subject to more legislation, such as the HMO Management Regulations. >> Blog post: Property investor guide to the successful management of HMOs Why do renters like HMOs? Renters like HMOs as usually they only pay one amount which includes the rent and the bills. In an age of uncertainty over fuel bills and the cost of living, tenants like only paying one amount per month which covers everything. Living in an HMO is very flexible as there is usually no long term commitment. Tenancies are usually for 6 months and are suitable for those on contracts, who are maybe working across the country, who don't know where they're going to be in the future. Which locations are good for HMOs? Wendy recommends cities and large towns with more than 80,000 people, as they are likely to have the demand from HMO renters. How tenancy agreements differ for HMOs HMO landlords should use a specialist tenancy agreements for HMOs, as opposed to ones for where the property is let to one household or two sharers. This is because professional HMOs tend to be let by the room, and not as a joint tenancy. The renters have exclusive possession with quiet possession of their room (and perhaps an en suite), and share the common parts. The landlord is able to enter the common parts for inspections, and often include a cleaner in the rent.
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    33 mins