A Guide from Cardwells Letting Agents Bolton & Cardwells Letting Agents Bury
At Cardwells Letting Agents Bolton and Cardwells Letting Agents Bury, we regularly review tenancy issues for landlords across the local area — and a clear pattern appears time and again.
Most tenancy problems don’t actually begin during the tenancy.
They begin before the tenant even collects the keys.
When a tenancy later becomes stressful, costly, or delayed, the root cause is often something that was assumed, overlooked, or poorly documented at the very start.
The Common Issues We See
Here are just a few examples that regularly surface:
Mortgage consent not formally confirmed
A landlord believed their lender was “fine with it”, only to discover formal consent to let was never properly documented in writing.
Insurance policies with hidden exclusions
Policies that appear valid but exclude certain tenancy types — such as professional sharers, benefit-supported tenants, or furnished lets.
Head lease restrictions in flats
Leasehold clauses that were never checked and only come to light once a complaint or dispute arises.
Informal referencing
Referencing completed verbally or without a clear written record that can stand up to scrutiny later.
No clear compliance audit trail
A lack of documented evidence showing which compliance documents were served, when they were served, and how service can be proven.
Deposit Protection – One of the Most Costly Mistakes
Another major issue we encounter is deposits not being protected correctly.
Under current legislation in England, any tenancy deposit taken in relation to an Assured Shorthold Tenancy must be protected in a government-approved scheme within 30 calendar days of receipt.
The deposit must be:
- Lodged with an approved scheme such as the Deposit Protection Service (DPS), or
- Registered with an insured deposit protection scheme within the same 30-day period.
Crucially, it is not just the money that must be protected within 30 days. The landlord (or agent) must also serve the Prescribed Information on the tenant within that same timeframe. This includes:
- Details of the scheme used
- Confirmation of the deposit amount
- The address of the property
- The procedures for repayment
- What happens in the event of a dispute
Failure to comply correctly and on time can have serious consequences, including:
- Financial penalties of up to three times the deposit amount
- Restrictions on serving a valid Section 21 notice
- Significant disadvantage in deposit disputes
We often see situations where the deposit was protected — but late. Or where it was protected correctly, but the Prescribed Information was never formally served or cannot be evidenced. These small administrative gaps can become very expensive under pressure.
Why Pre-Tenancy Setup Is Critical
The real risk in letting property sits in the pre-tenancy setup.
None of these issues usually cause problems on day one. They tend to surface later — when rent stops, when deposit deductions are challenged, when possession is required, or when a local authority becomes involved.
When everything is clean, documented, and traceable from the outset, most problems become far easier to resolve. But when paperwork is incomplete or assumptions have been made, even landlords who have acted reasonably can find themselves on the back foot.
Good landlords don’t rely on things “probably being fine.”
They rely on evidence.
How We Help Landlords in Bolton & Bury
At Cardwells Letting Agents Bolton and Cardwells Letting Agents Bury, our lettings team ensures that every tenancy is properly structured, documented, and compliant from the beginning — reducing risk and protecting landlords if issues arise later.
If you would like a clear, practical review of how your current tenancies are set up — and whether anything could become an issue under pressure — we would be very happy to help.
Landlords in Bolton and Landlords in Bury we are here to help!
Contact Our Lettings Team
For professional advice and a no-obligation discussion, please contact: Deana, David, Beth, Allyson or Andrew
📍 Cardwells Letting Agents Bolton
📍 Cardwells Letting Agents Bury
📞 Telephone: 01204 381281
📧 Email: [email protected]
🌐 Website: www.www.cardwells.co.uk
Whether you are letting a single property or managing a portfolio, our experienced team is here to ensure your tenancies are set up correctly from day one and you can count on our ongoing landlord’s rental full management service.
