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With the potential for freezing temperatures and adverse weather conditions, winter can be hard on any property. High winds, heavy rainfall, ice and snow can all cause damage to the fabric of a property, and data shows that incidents leading to claims against the deposit and insurance both increase significantly over the winter months.
In this article, Resolution Department Lead at mydeposits, Suzy Hershman along with Steve Barnes, Head of Broking at Total Landlord, discuss the most common winter threats and offer advice to landlords on how to minimise the chance of any problems affecting the property and what steps can be taken to reduce the need to make a claim against the tenancy deposit.
Unsurprisingly, most end of tenancy related issues occur during the winter months. While tenants aren’t responsible for winter weather, they can unintentionally cause damage simply through the way that they use the property, such as using inadequate heating or ventilation. So, as well as giving the property a once over – inside and outside - and carrying out any remedial work during the autumn, it’s also a good time to remind the tenant of their responsibilities while living in the property.
Regular maintenance combined with educating the tenant may help you to avoid most of the ‘winter blues’ issues, but it pays to have the safety net of both suitable landlord insurance and a protected tenancy deposit. A key reason for taking a deposit from your tenant is to provide cover if they do (or contribute to) something that causes damage to the property during the tenancy. If that does happen then at least you can make a case at the end of the tenancy to use the deposit to help cover the cost of any repairs or replacing items.
Although landlords face some common problems all year round, there are some threats which are more likely to either occur during winter or have the potential for more serious consequences in winter. Here, we’ve put together a round-up of four of the threats to look out for and the steps you can take to protect your rental and reduce the likelihood of having to negotiate costs or use formal resolution at the end of the tenancy. The threats covered are:
Burst pipes fall under the ‘escape of water’ category, which describes water damage arising from within the property. Even a small leak can cause significant damage over time, leading to flooding, possessions being destroyed, and damp and mould. Rectifying the problem can be both expensive and time-consuming, with the tenant possibly needing to be rehoused for a time while repairs or refurbishment are carried out.
Escape of water accounts for over a third of all claims, with around 70% due to a burst pipe. Fortunately, there are some simple preventative steps landlords can take to minimise the risk.
Top tips for landlord on preventing burst pipes
Landlords should:
Tenants should:
Most landlord insurance policies, including ours, require tenants to inform their landlord if the property is going to be vacant for an extended period and you should make sure this is indicated in the tenancy agreement. It’s also a good idea to include a clause which advises tenants of their responsibility to either leave the heating on a constant setting at a minimum of 13°C, or to have the system fully drained if the property is to be left unoccupied.
For more detail read, The complete guide to preventing burst pipes in your rental property and this mydeposits resolution case study on frozen pipes
Bathing, showering, cooking and drying clothes indoors can release huge amounts of water vapour into the air which will cling to walls and windows, causing condensation in poorly ventilated areas. Over time these damp areas can develop mould, which left untreated can lead to health issues for the tenant and property problems for the landlord.
A shared responsibility
A government guide published in September 2023 says that tenants should not be blamed for damp and mould and that it is the landlord’s responsibility to identify and address the underlying causes of the problem.
It is no longer acceptable to blame issues on the way tenants live, as normal life such as cooking, washing and drying of laundry have to continue. Instead, landlords and their agents must be sensitive to the needs of tenants and work with them to understand and change behaviour where appropriate. They should also thoroughly investigate the underlying causes behind the problems and follow up to make sure things have improved.
As a landlord you should check for any signs of damp or mould during mid-term inspections and clean and treat as necessary, and remind your tenants to report any issue as soon as they become aware of it. The tenant still has a role in helping to manage the issue following any advice given. Despite the new guidance, if the tenant causes damp or mould through negligence (having been educated on the actions required to avoid it) then they may well be responsible for costs at the end of the tenancy.
As a landlord, to protect your property you must be able to show that the tenant has been advised of their responsibilities, which could include:
Total Landlord has created a damp and mould tenant checklist that you can share with your tenants.
Improving energy efficiency
The facts are that:
This has the potential of increasing claims for costs at the end of the tenancy as a direct result of poor energy efficiency. By making sure the property is as well insulated and as energy efficient as possible, the tenant is more likely to keep the property both heated and ventilated. So as a landlord you might:
By helping your tenant spend less on their energy usage, the tenant is less likely to experience fuel poverty and rent issues, and more likely to look after the property, both of which reduce the chance of end of tenancy issues.
Tip: To improve energy efficiency, look at the property’s previous EPC, if there is one, to see what improvements and upgrades were recommended. Alternatively contact your local authority to ask if they have any property advisors, or source a specialist consultant.
Learn more:
Storms are becoming more common in the UK, with a record 12 named storms between September 2023 to late August 2024, which has contributed to claims doubling in the last five years. Rainfall between October 2023 and March 2024 was up 20% with more storms now happening in winter months. So it is critical that properties are maintained to reduce the potential for damage and water ingress.
It can be difficult to make emergency preparations for a rental property, particularly if you live some distance away. So, make sure you carry out preventative measures or provide preventative advice, in advance of a sudden storm.
Storm damage checklist:
Flying debris
Tip: Your landlord insurance can help to cover the cost of any repair work, or replacing irreparably damaged or broken items, following a storm. Check that your insurance covers you for all weather-related incidents. If your property is affected by storms, it's best to contact your insurer as soon as possible after the event as delaying may impact your claim.
For more guidance on how to protect your rental property from storm damage, read Total Landlord’s guide, The complete guide to protecting your rental property from storms.
One consequence of the increase in the severity and ferocity of storms is a rise in flood claims, which have increased year on year. Total Landlord data shows the average claim for flood damage in 2023 was £13,739, with an earlier single claim settled at £143,755. Flash floods occur with very little warning, so it’s important that you do all you can to reduce the risks and impact of flooding in your properties.
Top tips to prevent flooding:
Tip: Be sure to carry out regular maintenance, as flood insurance does not cover maintenance issues, damage occurring gradually over time or any pre-existing damage or wear and tear.
For more help on how to protect your rental property from flooding, read Total Landlord’s NRLA guide, The complete guide to protecting your rental property from flooding
The deposit is there to protect your interests as a landlord, but it is easier to not make a claim on the deposit at all. This can often be achieved by letting your tenant know what you expect of them during the tenancy and by fulfilling your own responsibilities as the landlord. This begins with detailed and robust paperwork.
Good paperwork
Several material issues can crop up at the end of a tenancy which may lead you, as the landlord, to request financial compensation. As always, a landlord’s best friend in claiming costs is documented evidence, which should include:
Good tenant relations
Building a good relationship and good communication with tenants almost always pays off. Many tenants feel it’s unnecessary to bother landlords with minor issues in the property that they can put up with. Even worse, in the current climate, the tenant may fear being evicted, if they push landlords to carry out necessary repairs.
That’s why it’s more important than ever for landlords to stress to tenants that they appreciate being contacted about any issues as soon as they are found. This will allow you to deal with anything, even if it is something small, before it becomes bigger, and much more costly.
Making tenants aware of their responsibilities when living in the property is especially important during the colder, wetter winter months and it is good practice to repeat these at mid-term inspections and by email, if necessary, to get the message across and create a written audit trail.
Tips to create good relations:
Deal with issues promptly
Putting things off is a coping mechanism many people use (often without even knowing they are doing it) when they have to deal with something that might cause stress in the short term. But as a landlord this can be an expensive strategy!
Issues that arise during a tenancy which remain unattended at the time and are allowed to escalate can create big problems. This can cause a disagreement on who is responsible, between the landlord or agent and the tenant, at the time when the tenant is either leaving or has left the property. A case could end up in mediation, arbitration or even court, where in most cases the situation could have been avoided completely if the landlord had been made aware of the problem and dealt with it swiftly.
Tip: We strongly recommend you do not use the deposit to pay for any work needed during the tenancy as this will leave you in a weakened position at the end.
Once the tenant has moved into your property, the best way to make sure they are looking after the property and meeting all their responsibilities is to carry out regular property inspections. This maintains clear and open communication with the tenant and will highlight any necessary maintenance and safety issues, which can then be dealt with as soon as possible.
You should:
Carrying out a periodic inspection will allow you to:
Read the landlords essential guide to property inspections for more information.
Adjudicator Tip: “To have the best chance of success in a deposit dispute, make sure your tenancy agreement clearly and simply explains the tenant’s responsibilities on how to look after the property. When making a claim, we need to see a comprehensive check-in inventory and check-out report, both with good quality photos, which were provided to the tenant and can be easily compared for any deterioration. Finally, make sure you have landlord insurance to protect your investment if damage does occur and you can’t, for any reason, make a deposit claim, or the amount of damage caused is more than the deposit”.
Part 1: With a deposit: Though it’s not a legal requirement, we highly recommend that you take deposits from all of your tenants. NRLA deposit protection partner, mydeposits, is a government authorised tenancy deposit protection company who uniquely cover every region of the UK. Find out more and protect your deposits here
NRLA members get a 30% discount on the deposit protection fee when they protect a deposit with the mydeposits insurance-based scheme in England and Wales.
Tip: Remember, if you have taken a cash deposit, you must protect it in a government authorised scheme within 30 calendar days and provide the tenant with proof.
Part 2: With the right insurance: Many of the deposit issues landlords experience can be prevented through a combination of regular maintenance, periodic inspections, and clear communication with tenants. But even with the best preparation, the unexpected can still happen. And that’s why you need landlord insurance. Total Landlord is an award-winning partner of the NRLA who has been providing landlords and agents with high quality buy to let cover at a great price since 1996.