Whether
you are an experienced landlord or simply considering your options
as a new property investor, there are ways of reducing your financial
risks, the provision of a legal fees insurance policy being one
very cost effective method.
For a relatively inexpensive
fee a Landlord’s legal fees insurance policy can save Investment
Property Owners a lot of headaches, heartaches and financial expense.
This is because a policyholder gets the benefit of potentially
thousands of pounds worth of pre-paid legal fees (called the limit
of indemnity) for work best undertaken by a solicitor in the event
that a claim is made and accepted under the cover offered by such
a policy.
There is also a Legal
Helpline provided with this policy which can often be used to
manage situations initially, and the guidance provided can often
prevent problems from developing.
There are many disputes
between Landlords and Tenants which sadly result in costly legal
action. For example, we often see claims from property owners
where the tenant has breached the tenancy agreement (e.g. the
parking of commercial vehicles on the property driveway or trading
from properties in breach of the terms of the covenants which
can bring complaints from neighbours and potentially lead to enforcement
action against the Landlord). Other claims examples include those
tenants that cause damage (e.g. wilful damage to either the building
or contents) and then there are those who simply do not pay the
rent, despite providing good credit references, and ‘sit
tight’ waiting for the landlord to take legal action against
them. In some instances a landlord may need to defend themselves
against a legal action despite trying to take all reasonable steps
to be compliant. All of the above will cost you time, reduce the
anticipated profit or gain you were hoping to make, and in most
cases cost you even more money to resolve.
If a landlord is faced
with a tenant who refuses or is unable to pay their rent, it is
important to act swiftly to begin the correct legal process to
evict that tenant to enable you to re-let the property to someone
who will pay.
Dealing with these
issues is an expensive process with little chance of recovering
the legal costs that have to be incurred. If the landlord tries
to evict a tenant and uses inappropriate or improper methods,
even something as simple as sending out an incorrectly completed
eviction notice can result in a Court rejecting an application
to evict and the process has to start again, inevitably meaning
a further delay in gaining possession and re-letting the property.
This can be a disaster, for example, if the income is relied upon
to cover Buy to Let Mortgage payments or as a regular source of
income to support the Landlord.
For a relatively small
premium, all of these circumstances would be covered under a Let
Property legal fees policy that will pay for legal assistance
to represent the property owner’s interests. A further option
is to arrange a rent guarantee, or indemnity, which will provide
a monthly benefit to cover or subsidise normal rental income in
the event a tenant defaults.
It is also possible
to cover the property owner’s responsibility for emergencies
affecting the let property such as the central heating system
breaking down. This Landlord’s Emergency Assistance cover
(subject to policy limits) would pay for emergency call out charges
together with the cost of parts to effect a repair. This wide-ranging
emergency cover can be arranged at a fraction of the cost normally
quoted by Utility Companies.
It is vital to understand
the potential consequences if the correct procedures or agreements
at the beginning of a tenancy have not been handled properly.
Landlords should ensure that agreements are drawn up correctly
and the appropriate credit checks are undertaken before handing
over the keys to their investment.
Good preparation at
the beginning and during the lifetime of the tenancy should all
hopefully go towards reducing the risks of being a landlord!