Partners and Suppliers Suzy Hershman 09/09/2024

Prepare your property for winter to avoid the ‘deposit blues’

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. 

Will this be a winter of discontent?

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.

Common winter problems and how to de-risk them

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:

  • frozen and burst pipes
  • condensation, damp and mould
  • storm damage
  • flooding

#1: Frozen and burst pipes

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: 

  • check for leaks as part of regular inspections
  • lag any internal pipes positioned in the colder areas of the property and insulate external pipes to protect them against frost
  • seal any air leaks that are allowing cold air to enter your property where pipes are located
  • have the boiler serviced every 12 months before winter to prevent breakdowns during cold spells, and make sure you arrange an annual gas safety check

Tenants should: 

  • know to contact you, or your agent, as soon as they spot any problems, such as leaks or a blocked toilet, and provide them with the details of a trusted emergency plumber
  • be advised to turn off the water mains at the stopcock if they are going away but to set the thermostat to 13 °C, day and night, between November and April

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.

Steve Barnes, Head of Broking, Total Landlord

For more detail read, The complete guide to preventing burst pipes in your rental property and this mydeposits resolution case study on frozen pipes

#2: Condensation, damp and mould

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.

Sean Hooker, Head of Redress at the Property Redress Scheme

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: 

  • ventilating any room when drying clothes by opening windows
  • not drying wet clothes on radiators and instead using a clothes airer to speed up drying
  • using any extractor fans where fitted, in bathrooms and kitchens
  • letting you know if they see any signs of damp or mould

Total Landlord has created a damp and mould tenant checklist that you can share with your tenants.

Improving energy efficiency

The facts are that: 

  • the UK has some of the oldest and worst insulated housing stock in the world
  • in April 2024 there were more than 1.1 million households in the private rented sector in fuel poverty (24%)
  • the average energy bill is expected to rise by nine per cent in October 2024

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:

  • consider supplying a dehumidifier, especially if there is no outdoor or well-ventilated drying space
  • bleed any radiators at the same time the boiler is serviced
  • fit double (or triple) glazing if the property doesn’t already have it and it is allowed
  • install (or replace) roof insulation and draught-proofing/excluders on doors and windows
  • upgrade the heating system as old boilers tend to lose a lot of heat and are less efficient
  • install radiator reflector panels which reduce energy consumption, especially on uninsulated external walls 

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: 

#3: Storm damage

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:

  • Carry out an external inspection, paying particular attention to loose or missing roof tiles, guttering and seals on downpipes, as well as any outbuildings
  • Clear gutters and drains of debris (late autumn is a good time to do this), trim trees (this is best done in winter when the leaves are gone), inspect the roof and carry out repairs and check that windows and doors are watertight and secure
  • Assess trees for stability cutting back any problem branches
  • Make sure fence panels are properly secured as they are usually excluded from insurance policies
  • Check that garden gates are secure and kept closed
  • Check the Met Office weather forecast regularly to make sure you, and your tenants, are prepared

Flying debris

  • On very windy days, garden furniture and other things left outside can become a hazard, so ask the tenant to secure or put away anything that could ‘take off’ during a storm

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.

#4: Flooding

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:

  • Check your long-term risk of flooding at GOV.UK  or the current risk of flooding here
  • If the property is in a high-risk flood area you might consider preventative measures such as water-resistant windows, doors and flooring, installing non-return valves for toilets and sewer pipes, and keeping lightweight, modern ‘sandbags’ for tenants to use if needed
  • If your property is in a high flood risk location, talk to your tenants in person about what to do in the event of a flood, and provide them with this detail in their information pack
  • Make sure tenants know to contact you about any maintenance issues that may increase the risk of damage if there were to be a flood
  • Make sure tenants know how to turn off the gas, electricity and water
  • Keep drains and gutters clear of debris so that, in the event of a flood, water is able to run away from the property and not in to it
  • If the property is at risk of any flooding, it’s worth both you and your tenant signing up to flood alerts from the Government 

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

How to avoid end of tenancy deposit issues

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:

  • a robust tenancy agreement clearly setting out the tenant’s responsibilities. Read more about tenancy agreements in Suzy Hershman’s guide for the NRLA, A landlord’s guide to tenancy agreements
  • a detailed (updated) check-in/check-out report and inventory with photos and videos. Read more about property inventories in Suzy Hershman’s guide for the NRLA, Property inventories – why prevention is better than cure
  • keeping a file (physical or digital) of invoices for property items and any work carried out
  • keeping all emails and written communication between the landlord or agent and tenant

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:

  • Housekeeping advice is particularly useful if you’re renting to younger tenants, especially to first-time tenants, as what is common sense to landlords may not be to their tenants
  • Details of who they should contact in an emergency or report a problem to, or if repairs are needed should be provided, as well as the steps to take in an emergency

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.

The importance of regular inspections and good tenant relations

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: 

  • schedule visits in every three to six months (more regularly if you have any concerns or the tenant asks) following at least 24 hours’ notice
  • update the inventory if required. Adding an addendum is the best way to do this
  • ask the tenant if they are experiencing any difficulties with anything in the property – avoid accusing them of anything

Carrying out a periodic inspection will allow you to: 

  • check and record the current condition and standard of cleanliness in the property, bearing in mind the tenant is living in the property
  • attend to any necessary maintenance or repairs 
  • make sure the tenant is looking after the property and offer any necessary advice

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”.

Protecting your investment

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.

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Suzy Hershman

Suzy Hershman

Head of Dispute Resolution, mydeposits

Suzy Hershman has worked at mydeposits for over 12 years, embracing every opportunity to share her extensive experience and knowledge by building relationships, listening and asking questions to find out what people want and need from us, whilst educating best practice.

As a government-authorised scheme, mydeposits has protected deposits in England and Wales since 2007 and we are the only scheme which runs licensed schemes in Scotland, Northern Ireland and Jersey. With over 150,000 members, mydeposits is the preferred deposit protection scheme for landlords in England and Wales. We have combined our years of experience with invaluable member feedback, to create an insurance based scheme that legally allows you to keep control of the deposit and a custodial scheme, where you hand the deposit to us to safeguard for the length of the tenancy.

See all articles by Suzy Hershman