Guide for Landlords
Before a property can be let, there are
several matters which the owner will need to deal with to ensure that the
tenancy runs smoothly, and also that he/she complies with the law. For
brief details of a subject click on a blue link below, or scroll down the
page. If you require further advice or assistance with any matter, please
do not hesitate to contact us:
Mortgage
If your property is mortgaged, you should obtain
your mortgagee's written consent to the letting. They may require
additional clauses in the tenancy agreement of which you must inform
us.
Leaseholds
If you are a leaseholder, you should check the
terms of your lease, and obtain the necessary written consent before
letting.
Sub-letting
If you are a tenant yourself, you will
require your landlord's consent.
Insurance
You should ensure that you are suitably covered
for letting under both your buildings and contents insurance. Failure to
inform your insurers may invalidate your policies. We can advise on
Landlord's Legal Protection, and Landlord's Contents insurance if
required.
Bills and regular outgoings
We recommend that you arrange
for regular outgoings e.g. mortgage, service charges, maintenance
contracts etc. to be paid by standing order or direct debit. However,
where we are Managing the property, by prior written agreement we may make
payment of certain bills on your behalf, provided such bills are received
in your name at our office, and that sufficient funds are held to your
credit.
Council tax
Council tax is the responsibility of the
occupier. You should inform your local collection office that you are
leaving the property. During vacant periods the charge reverts to the
owner. When unoccupied but furnished, the charge is 50% of the normal
rate. When unoccupied and 'substantially' unfurnished, there is no charge
for the first six months, and thereafter a charge of 50% of the normal
rate.
The inventory
It is most important that an inventory of
contents and schedule of condition be prepared, in order to avoid
misunderstanding or dispute at the end of a tenancy. Without such
safeguards, it will be impossible for the landlord to prove any loss,
damage, or significant deterioration of the property or contents. In order
to provide a complete service to the landlord, we will if requested
arrange for a member of staff to prepare an inventory and schedule of
condition, at a cost to be quoted.
Income tax
When the landlord is resident in the UK, it is
entirely his responsibility to inform the Inland Revenue of rental income
received, and to pay any tax due. However, where the landlord is resident
outside the UK during a tenancy, under new rules effective from 6 April
1996, unless an exemption certificate is held, we as landlord's agents are
obliged to retain and forward to the Inland Revenue on a quarterly basis,
an amount equal to the basic rate of income tax from rental received, less
certain expenses. An application form for exemption from such deductions
is available from this Agency, and further information may be obtained
from the Inland Revenue.
Important safety
regulations
The following safety requirements
are the responsibility of the owner (the landlord), and where we are to
manage the property, they are also ours as agents. Therefore to protect
all interests we ensure full compliance with the appropriate regulations,
at the owner's expense.
Gas Appliances & Equipment
Annual safety check: Under
the Gas Safety (Installation and Use) Regulations 1998 all gas appliances
and flues in rented accommodation must be checked for safety within 12
months of being installed, and thereafter at least every 12 months by a
competent engineer (e.g. a CORGI registered gas
installer).
Maintenance: There is a duty to ensure that all gas
appliances, flues and associated pipework are maintained in a safe
condition at all times.
Records: Full records must be kept for at least
2 years of the inspections of each appliance and flue, of any defects
found and of any remedial action taken.
Copies to tenants: A copy of
the safety certificate issued by the engineer must be given to each new
tenant before their tenancy commences, or to each existing tenant within
28 days of the check being carried out.
Electrical Appliances & Equipment
There are several
regulations relating to electrical installations, equipment and appliance
safety, and these affect landlords and their agents in that they are
'supplying in the course of business'. They include the Electrical
Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations
1994, the 2005 Building Regulation - 'Part P, and British Standard BS1363
relating to plugs and sockets. Although with tenanted property there is
currently no specific legal requirement for a qualified electrician to
carry out an inspection and issue a safety certificate (as exists in the
case of gas appliances), it is now widely accepted in the letting industry
that the only safe way to ensure safety, and to avoid the risk of being
accused of neglecting your 'duty of care', or even of manslaughter is to
arrange such an inspection and certificate.
Furniture & Furnishings
The Furniture and Furnishings
(Fire) (Safety) Regulations 1988 (amended 1989, 1993 & 1996) provide
that specified items supplied in the course of letting property must meet
minimum fire resistant standards. The regulations apply to all upholstered
furniture, and beds, headboards and mattresses, sofa-beds, futons and
other convertibles, nursery furniture, garden furniture suitable for use
in a dwelling, scatter cushions, pillows, and non-original covers for
furniture. They do not apply to antique furniture or furniture made before
1950, bed clothes including duvets, loose covers for mattresses,
pillowcases, curtains, carpets or sleeping bags. Therefore all relevant
items as above must be checked for compliance, and non-compliant items
removed from the premises. In practice, most (but not all) items which
comply must have a suitable permanent label attached. Items purchased
since 1.3.90 from a reputable supplier are also likely to
comply.
General Product Safety
The General Product Safety
Regulations 1994 specify that any product supplied in the course of a
commercial activity must be safe. In the case of letting, this would
include both the structure of the building and its contents. Recommended
action is to check for obvious danger signs - leaning walls, broken glass,
sharp edges etc., and also to leave operating manuals or other written
instructions about high risk items, such as hot surfaces, electric
lawnmowers, etc. for the tenant.
Preparing the property for letting
We have found from experience that a good relationship with tenants
is the key to a smooth-running tenancy. As Property Managers the
relationship part is our job, but it is important that the tenants should
feel comfortable in their temporary home, and that they are receiving
value for their money. This is your job. Our policy of offering a service
of quality and care therefore extends to our tenant applicants too, and we
are pleased to recommend properties to rent which conform to certain
minimum standards. Quality properties attract quality tenants.
General condition
Electrical, gas, plumbing, waste,
central heating and hot water systems must be safe, sound and in good
working order. Repairs and maintenance are at the landlord's expense
unless misuse can be established.
Appliances
Similarly, appliances such as washing machine,
fridge freezer, cooker, dishwasher etc. should be in usable condition.
Repairs and maintenance are at the landlord's expense unless misuse can be
established.
Decorations
Interior decorations should be in good
condition, and preferably plain, light and neutral.
Furnishings
It is recommended that you leave only minimum
furnishings, and these should be of reasonable quality. It is preferable
that items to be left are in the property during viewings. If you are
letting unfurnished, we recommend that the property contains carpets,
curtains, and a cooker.
Personal items, ornaments etc
Personal possessions,
ornaments, pictures, books etc. should be removed from the premises,
especially those of real or sentimental value. Some items may be boxed,
sealed and stored in the loft at the owner's risk. All cupboards and shelf
space should be left clear for the tenant's own use.
Gardens
Gardens should be left neat, tidy and
rubbish-free, with any lawns cut. Tenants are required to maintain the
gardens to a reasonable standard, provided they are left the necessary
tools. However, few tenants are experienced gardeners, and if you value
your garden, or if it is particularly large, you may wish us to arrange
maintenance visits by our regular gardener.
Cleaning
At the commencement of a tenancy the property
must be in a thoroughly clean condition, and at the end of each tenancy it
is the tenant's responsibility to leave the property in similar condition.
Where they fail to do so, cleaning should be arranged at their
expense.
Mail forwarding
We recommend that you make use of the
Post Office redirection service. Application forms are available at their
counters, and the cost is minimal. It is not the tenant's responsibility
to forward mail.
Information for the tenant
It is helpful if you leave
information for the tenant on operating the central heating and hot water
system, washing machine and alarm system, and the day refuse is collected
etc.
Keys
You should provide one set of keys for each tenant.
Where we are Managing we will arrange to have duplicates cut as required.
<top
