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Shirley Moralee, Lettings Manager

A recent Upper Tribunal case involving a 104-year-old landlord has prompted an interesting conversation about what can happen when somebody has owned and let properties for many decades.

The case itself concerned a banning order following offences under the Protection from Eviction Act. However, it also raised a much broader question:
  • When a landlord grows older alongside their rental properties, who is taking an objective look at whether those homes are still being managed and maintained to an appropriate standard?
Some rental properties are neglected through indifference.
Others have simply aged alongside an owner who no longer sees what has gradually changed.


When familiarity hides deterioration


Most landlords do not set out to provide a poor-quality home. However, familiarity can make gradual deterioration surprisingly difficult to recognise.
A landlord may remember when the kitchen was newly fitted, the windows were in good condition, and the decoration was fresh.

Twenty or thirty years later, that same property may still look much the same to them, particularly if repairs have been carried out only when something has gone noticeably wrong.

The problem is that homes rarely deteriorate overnight.
  • A little damp becomes a recurring patch.
  • A persistent draught becomes something everybody simply puts up with.
  • Flooring wears gradually, windows become increasingly difficult to open and close, and older heating systems become less reliable and efficient.

Because each change happens slowly, the overall decline may not be obvious to somebody who has known the property for decades.


“I would be happy to live there myself”


Landlords sometimes respond to concerns about a property by saying that they would be perfectly happy to live there themselves.
That may be sincerely meant, but it is not an objective assessment of safety, condition or habitability.
People have very different tolerances and expectations.
An owner who has lived contentedly with severe draughts, dated facilities or persistent damp may genuinely see nothing unusual about asking a tenant to do the same.

Housing standards have also changed significantly.
Features that were once accepted as part of an older property may now represent a health, safety or compliance concern.
These can include
  • ineffective heating,
  • excess cold,
  • unsafe electrics,
  • poorly managed asbestos,
  • damp and mould,
  • inadequate ventilation or windows
  • and doors that no longer operate properly.

A landlord’s personal willingness to tolerate a condition does not remove their responsibility to provide a safe and suitable home.


Property value does not tell the whole story


This can be particularly relevant in Surrey, where a property may have increased substantially in value simply because of its location, land or development potential.
A valuable home is not automatically a well-maintained home.
Behind an attractive frontage, there may be an outdated kitchen, an inefficient heating system, single-glazed windows, ageing electrics or rooms still filled with furniture that nobody wants but which has remained through a succession of tenancies.
Some of these properties could become truly wonderful rental homes with sensible, planned investment.

Improvements do not necessarily need to be extravagant.
Addressing damp correctly, improving ventilation, updating tired flooring, removing unwanted furniture or replacing an inefficient heating system can make an enormous difference to the tenant while also protecting the underlying asset.


A lack of complaints does not always mean everything is fine


Landlords should also be cautious about assuming that a quiet tenant is a satisfied tenant.
Some tenants are reluctant to report repairs because they do not want to be considered demanding.
Others may worry that complaining could threaten the security of their home.
This is particularly likely where the property is in a location they love, affordable for the area or difficult to replace.
In some cases, tenants pay for minor improvements or arrange work themselves because they would rather solve the problem than raise it.
Many others simply cannot afford to do so and continue living with conditions that should have been addressed by the landlord.
Silence is not necessarily confirmation that a property remains in good condition.


When the family becomes involved


There may come a point when an older landlord begins to rely on adult children or other family members to help manage their properties.
This can happen gradually. A son or daughter might begin by helping with correspondence, paying contractors or checking that rent has arrived.
Before long, they may effectively be overseeing a portfolio they have never properly reviewed.
If responsibility is beginning to pass to the next generation, it is sensible to undertake a complete assessment rather than simply continuing the arrangements already in place.

This should include looking at:
  • The physical condition of every property
  • Current safety certificates and compliance records
  • Outstanding or recurring repairs
  • The age and condition of kitchens, bathrooms, heating systems and flooring
  • Whether furniture and appliances remain suitable
  • Energy efficiency and likely future improvement requirements
  • The terms and management history of each tenancy
It can also be helpful to establish who has authority to make decisions if the landlord becomes unable to manage the properties personally.


The value of an independent professional view


Regular property visits provide an opportunity to identify concerns before they become serious or expensive.
A professional property manager is not looking at the home through decades of memories.
They can assess its present condition, listen to the tenant’s experience and distinguish between an isolated repair and evidence of a wider problem.
This independent view can help landlords prioritise urgent safety work, preventative maintenance and longer-term improvements.
It also creates an opportunity to plan expenditure sensibly rather than waiting until several problems require attention at once.
For landlords who are becoming less involved in day-to-day management, or families beginning to take responsibility for an older relative’s portfolio, this support can be particularly valuable.

Protecting the tenant and the property


Looking critically at a long-held rental property is not about erasing its age or character. Nor does every older home require a complete refurbishment.
It is about recognising when something that was once acceptable is no longer safe, suitable or reasonable for a modern tenant.
Timely investment can improve comfort, reduce recurring repairs, support the property’s rental value and help preserve an important family asset for the future.

If you are concerned that a rental property may need a fresh and independent assessment, Wills & Smerdon can help you review its condition and consider the most sensible next steps.

To speak to our experienced property management team, call 01483 284 141.