Your Rights and Responsibilities
Being a landlord is a serious responsibility and whilst we will do all we can to ensure that it is as simple as possible there are several legal responsibilities you need to be aware of.
Tenancy Deposit Schemes
When tenancies come to an end there is usually no disagreement about the return of the deposit. However, sometimes there is, which can cause hardship, delay and inconvenience to all parties concerned. The Housing Act 2004 (Chapter 4, ss 212-5; & Schedule 10) makes provision for both the protection and return of tenancy deposits and the resolution of disputes over their return. All deposits taken for Assured Shorthold Tenancies must be covered by a tenancy deposit protection scheme. We will arrange this for you.
If you are thinking about becoming a landlord with a property to let you will need to obtain written permission from your mortgage lender (if you have a mortgage) and the freeholder (if you own a leasehold property) when considering property letting. A mortgage lender or freeholder might impose conditions before giving you their permission to rent out your property. You should always comply with the conditions of your mortgage or leasehold for property letting because in the worst case you could face repossession.
Energy Performance Certificates
Since October 2008 all landlords letting property to new tenants require an EPC or energy performance certificate. An EPC gives landlords and tenants information on how efficient the property to let is and gives a standard energy and carbon emissions rating. Energy performance certificates for properties to let are valid for ten years. However if improvements are made to the property which might affect the energy rating then the EPC can be carried out more often. If a landlord renews the lease to the current tenants, an EPC will not be required. It is only when new tenants move in that you as a landlord will need to obtain an energy performance certificate for the property.
Gas equipment like boilers and ovens must be annually inspected by a person qualified to undertake testing. These engineers must be registered with and qualified by GasSafe (formerly CORGI). Then as a landlord you must give the safety record to the tenant.
For furnished properties all electrical appliances must be tested by a competent person such as a NICEIC qualified electrician. We can arrange this for you and would charge it in line with other maintenance work.
It is an offence to let a property containing furniture and furnishing that do not comply with safety regulations. This includes beds, sofa beds, futons, garden furniture, pillows, and nursery and children's furniture. All new homes available to rent must be fitted with mains operated smoke detectors, installed on every floor and interlinking. For older properties, it is advisable to install at least battery operated devices.
Right To Rent
From 1st February 2016, it is now a requirement by law to check each Tenant's Right to Rent. To fulfil our obligations, a passport would be acceptable proof or, if not available, a driving licence together with a utility bill showing your current address. On the day of your appointment, we would appreciate it if you could bring with you the necessary documents, and good quality colour copies of them. Alternatively, the original(s) may be brought to our office at a convenient time where we will copy them for you.
Fees to Landlords are dependant on the level of service you require, Tenant Find Only or Fully Managed on a No Let - No Fee basis!
Tenant Find Only.
Key features including:
• Rental valuation of your property by local experts.
• Free advice on the presentation and preparation of your property
• Tenant selection, introduction & referencing
• Carrying out accompanied viewings with prospective tenants from 8am until 8pm Monday to Friday.
• Preparing and signing, as agent on your behalf, a suitable tenancy agreement in accordance with current law.
- Comprehensive marketing, advertising & property viewings
- Notify utilities at beginning and end of the tenancy
- Legal advice
- Inventories and schedules of condition.
One off fee equivalent to 60% of the monthly rental achieved inc VAT @ 20% (i.e £600 pcm = £360 inc VAT@20%)
Fully Managed Rental
Includes ALL of the Tenant Find Only features and in addition:
• Arranging mandatory annual gas safety inspections and any other safety checks if required. End of tenancy and deposit handling.
- Organisation of repair or maintenance, instructing one of our local tradesman (or a tradesman of your choice & preference) to attend the property, obtain estimates where necessary, project management of repairs and refurbishments and settle accounts. This shall be subject to any agreed cost limit. However in an emergency, the right is reserved to proceed without prior authorisation.
- Tax advice and rental income reports.
- Payment of property related outgoings
- Tenancy deposit administration
- Arrears handling.
- Routine property visits.
10.8% inc VAT of rent + one off set up fee equivalent to 60% of the monthly rental achieved (i.e £600 pcm = £360 inc VAT @ 20%)