In our first of many expert interviews we spoke with Tessa Shepperson from landlordlaw.co.uk to help you gain some insight into the legalities and common problems around renting property, from both a landlords’ point of view and from that of a tenant.

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Q: There seems to be a wealth of information available regarding residential property rentals and lettings, but in your opinion do you feel the average person is fully aware of their rights and obligations as a landlord?

A: Some are well informed but many are not. I have often thought that it is something that should be taught in schools. Note that when doing research on the internet, be careful about online advice that is not from a qualified professional.

Q: Do you see any common problems that tenants frequently experience with landlords?

A: I get a lot of people contact me because their landlord has not protected their deposit and is now refusing to return it to them. The other big complaint from tenants is getting repairs done.

Q: In your experience do many landlord and tenant disputes make it to court, or are most resolved early on either locally or through arbitration?

A: Its difficult for me to answer this as I do not have any special knowledge about what people are doing. However I know that the courts are very intimidating places for many people and that they will prefer not to go to court if it can be avoided.

Q: What are the most pertinent questions a landlord should ask prospective tenants before agreeing to let them move in?

A: I don’t think it is so much the questions to ask. If the tenant is lying, then he will say what he thinks you want him to say. I think the landlord should try to sum up the personality of the tenant – many experienced landlords get a warning feeling about certain tenants who may be problematic. However the most important thing is to take references and get a proper credit check done.

Basically what a landlord wants is someone who will pay regularly, look after the property and stay there a long time. So you need to avoid tenants who are in work which is likely to be made redundant, who appear to have a careless attitude (especially towards property) and who are likely to want to move in a few months time. The questions you ask should be trying to find out whether these apply to the person concerned.

Q: Are there any key questions a tenant should ensure they ask the landlord before they agree to rent a property?

A: One thing which most tenants don’t do is check out the landlord – for example whether he has the right to rent the property, and whether he is likely to be in trouble with his mortgage (as you don’t want to be evicted because the landlord has failed to make his mortgage payments!). There are a few companies that reference landlords but not many. Find out whether the landlord is a member of an accreditation scheme or landlords association as that is a good sign.

Other things to ask are which company is going to be used to protect the deposit (to let the landlord know that you know this is something that needs to be done), for a copy of the gas safety certificate, and whether the electrics have been checked recently. You could also ask to see recent bills to see how expensive the property will be to live in.

When inspecting the property, try to check the following:

• Whether the furniture has fire safety labels on it
• Whether the appliances work
• Whether there are any damp patches or leaks from gutters and rainwater pipes

It may also be a useful exercise to speak to some of his former tenants.

Q: The tenancy deposit scheme has now been compulsory for the past four years. Do you feel that this scheme has been a positive step towards helping to resolve disputes between landlords and tenants when it comes to deposits?

Its effect has generally been positive, although I still hear complaints. The most serious are where the landlord just refuses to protect the deposit and then refuses to return it. However I have also heard complaints about the adjudicators being biased towards landlords or towards tenants (depending on who is making the complaint!).

Q: What tips and advice would you give to any new landlords in regards to keeping up to date with the laws surrounding property rental?

A: Make sure you have some reliable method of keeping up to date. The best is to join my service Landlord Law www.landlordlaw.co.uk or one of the Landlord Associations. You can also learn a lot by following my Landlord Law Blog at www.landlordlawblog.co.uk. You can sign up to get posts emailed to you, and I will generally cover any important legal changes. Note that you can also buy inexpensive information products at my ecommerce store www.yourlawstore.co.uk.

Tessa Shepperson is a solicitor specialising in residential landlord and tenant law. She has run the popular online service Landlord Law at www.landlordlaw.co.uk since 2001 and writes a respected blog at www.landlordlawblog.co.uk. Her newest venture is her ecommerce store at www.yourlawstore.co.uk.