PREPARING THE PROPERTY
A good relationship with tenants is the key to a smooth-running tenancy. As Property Managers this is our job but it is important that tenants feel comfortable in their home, and that they receive value for money.
A well presented and maintained property in good decorative order will go towards this, while also achieving a higher rental figure. Tenants are also more inclined to treat such a property with greater respect.
PERSONAL ITEMS
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.
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.
Interior decorations should be in good condition and preferably plain, light and neutral.
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 visits by our regular gardener.
FURNISHINGS
Your property can be let fully furnished, part furnished or unfurnished. Which of these is appropriate will depend on the type of property and local market conditions. We will be pleased to give you advice on whether to furnish or not and to what level.
As a minimum you will need to provide decent quality carpets, curtains and light fittings. Remember that there will be wear and tear on the property and any items provided.
CLEANING
At the commencement of the tenancy the property must be in a thoroughly clean condition, and at the end of each tenancy it is the Tenants’ responsibility to leave the property in a similar condition.
Where they fail to do so, cleaning will be arranged at their expense.
INFORMATION FOR THE TENANT
It is helpful if you leave information for the Tenant, e.g. 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 will be managing we will arrange to have duplicates cut as required.
MORTGAGE
If your property is mortgaged, you should obtain your mortgage company'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 any necessary written consent before letting.
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 provide information on Landlords Legal Protection, Rent Guarantee Cover and Landlords Contents and Buildings Insurance if required.
BILLS AND REGULAR OUTGOINGS
We recommend that you arrange for regular outgoings e.g. 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 AND ACCOUNTS
We will arrange for the transfer of Council Tax and utility accounts to the Tenant. Meter readings will be taken, allowing your closing gas and electricity accounts to be drawn up.
All these matters we will handle for you. However, British Telecom will require instructions directly from both the Landlord and the Tenant.
INCOME TAX
When resident in the UK, it is entirely the Landlord's responsibility to inform HM Revenue & Customs of rental income received, and to pay any tax due.
Where the Landlord is resident outside the UK during a tenancy, he will require an exemption certificate from the HM Revenue & Customs before he/she can receive rental balances without deduction of tax.
Where we are managing the property we will provide advice and assistance on applying for such exemption.
THE INVENTORY
It is important that an inventory of contents and schedule of condition be prepared, 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 deterioration of the property or contents.
In order to provide a complete service, we will arrange for a member of staff to prepare an inventory and schedule of condition, at the cost quoted in our Agency Agreement.
What is an Assured Shorthold Tenancy?
Most tenancies will automatically be Assured Shorthold Tenancies (ASTs), provided the rent is under £100,000 a year and the property is let to private individuals. Tenancies are usually granted for an initial fixed term of either 6 to 12 months. When the fixed term has expired the landlord is able to regain possession of the property provided he gives two months written notice to the tenant.
New rules on gaining possession via Section 21 apply to tenancies created on or after 1 October 2015. For more details please speak to one of our representatives.
Landlords need to provide specific information to their tenants in the form of a government booklet “How to Rent”. This is a statutory regulation.
For more information please contact one of our representatives.
GAS
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 at least every 12 months by a Gas Safe registered engineer.
They must be maintained in a safe condition at all times, records kept for at least 2 years, and a copy of the safety certificate given to each new tenant before their tenancy commences.
ELECTRICAL
There are several regulations relating to electrical installations, equipment and appliances. These 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.
There are no legal requirements for electrical safety certificates (except in the case of HMOs), however, to avoid the risk of neglecting your ‘duty of care’, it is advisable to arrange an inspection and certificate.
FIRE
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) state that specified items must meet minimum fire resistance standards.
This applies to all upholstered furniture, beds, headboards, mattresses, sofa-beds, futons etc, nursery furniture, garden furniture, scatter cushions, pillows and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950. Non-compliant items must be removed before a tenancy commences.
SMOKE ALARMS AND CARBON MONOXIDE ALARMS
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1st October 2015. Landlords and managing agents may be liable to a £5000 fine if they fail to comply.
The new legislation requires that all landlords must install a working smoke alarm on every floor of a property as well as carbon monoxide detectors in rooms where solid fuel appliances are present.
IS YOUR PROPERTY A HOUSE IN MULTIPLE OCCUPANCY (HMO)?
If your property is on 3 or more levels and let to 5 or more tenants comprising 2 or more households (i.e. not all of the same family) it will be subject to mandatory licensing by your local authority. Whether mandatory licensing as above applies or not, if there are 3 or more tenants not all related in any property, it is still likely to be an HMO, and special Management rules will apply.
THE HOUSING HEALTH AND SAFETY RATING SYSTEM (HHSRS)
The HHSRS provides an analysis of how hazardous a property is through assessment of 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. The HHSRS is enforced by local authorities.
TENANCY DEPOSIT PROTECTION
All deposits taken by landlords and letting agents under Assured Shorthold Tenancies (ASTs) in England and Wales must be protected by a tenancy deposit protection scheme. To avoid going to court, each scheme is supported by an alternative dispute resolution service (ADR). Landlords and letting agents can choose between two types of scheme; a single custodial scheme and two insurance-based schemes.
DISABILITY DISCRIMINATION
The Disability Equality Duty in the Disability Discrimination Act define disabled peoples rights in respect of premises that are let or to be let. Landlords and managers of let/to let premises are required to make reasonable adjustments for disabled people.
ENERGY PERFORMANCE CERTIFICATES (EPCs)
Landlords in England and Wales are required by law to provide prospective tenants with an Energy Performance Certificate for the property. In Scotland EPCs have been required since January 2009. Certificates must be provided free either when (or before) any written information about the property is provided to prospective tenants or a viewing is conducted. An EPC is valid for 10 years. We can arrange an EPC inspection for you upon request.
The above is a brief summary of landlords’ responsibilities and of the laws surrounding tenanted property.
We hope that you find it useful. If there are any aspects of which you are unsure, please contact us.
We look forward to being of assistance to you in the letting and management of your property.
We are a forward-looking business based on traditional values, always striving to be at the forefront of the property letting market, and invest much time and effort in ensuring that we are fully up to date with ever changing tenancy law and government legislation. Together with our attention to detail and conscientious attitude we have the experience, resources and skills to deliver the kind of services that landlords and tenants require.
Details of some of the properties currently on our books can be found on this website, together with essential information for all clients, and a description of our services.
If you require any further information or advice please do not hesitate to contact us. We look forward to hearing from you.
