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Letting Guide

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.

HMO
Mortgage
Leaseholds
Sub-letting
Insurance
Bills and regular outgoings
Council tax
The inventory
Income tax
Important safety regulations:
- Furnishings
- Gas
- Electrical
- Plugs and Sockets
Preparing the property for letting
General condition
Appliances
Decorations
Furnishings
Personal items
Gardens
Cleaning
Mail forwarding
Info for tenants
Keys

Houses in Multiple Occupation (HMO)
If you let a property with five or more bedrooms, over three or more stories (including cellar or loft if this forms an integral part of the living space), in which two or more of the tenants are unrelated (i.e. form two or more 'households'), this HMO requires a mandatory licence.

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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.

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Leaseholds
If you are a leaseholder, you should check the terms of your lease, and obtain the necessary written consent before letting.

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Sub-letting
If you are a tenant yourself, you will require your landlord's consent.

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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.

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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.

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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.

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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.

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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.

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Important Safety Regulations

Regulations are constantly changing, particularly with regard to safety. There are specific legal obligations and responsibilities on a landlords with regard to Fire safety for Furniture & Furnishings; Gas supply and appliances; plus Electrical wiring and appliances;

In brief:

The Furniture & Furnishings (fire) (safety) Regulations 1988

The regulations were primarily introduced to control the danger from toxic fumes produced from foam. The regulations do not, however, only apply to foam fillings – they apply to ALL fillings. There are various tests which differing items must pass such as the ignitability, cigarette and match tests.

These regulations apply to any upholstered furniture i.e. sofas, armchairs, mattresses, divans, pillows. The do not apply to other furnishings such as carpets, curtains or bedding.

Any furniture manufactured prior to 1950 will be exempt, however, you will need to check that it has not been re-upholstered with an illegal filling.

If you are considering renting your property out furnished, please speak to one of our team for more advice.

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The Gas Safety (Installation & Use) Regulations 1998

All gas installation pipe-work and gas appliances must be tested to prove being safe, prior to letting a property. This safety check must be carried out by a CORGI Engineer who also has the necessary NACS (National Accreditation Certification Scheme) certification.

We will arrange for a gas service and inspection to be carried out, if necessary, once instructed on the rental property. This will automatically be renewed annually as part of our full management service.

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The Electrical Equipment (Safety) Regulations 1994

The regulations for electricity are not as strict or as clear as other safety regulations. The main legislations covering this subject would be the Consumer Protection Act 1987 which states that anything supplied or hired to the consumer MUST be safe, and The Health & Safety at Work Act 1974.

There are also several items of secondary legislation directly relevant to the supply of electrical goods, including:

• The Low Voltage Electrical Equipment Regulations 1989
• The Electrical Equipment (Safety) Regulations 1994
• The General Product Safety Regulations 1994
• The Plugs and sockets etc (safety) Regulations 1994

There is no statutory requirement for equipment to undergo a safety check by a qualified engineer but we would advise that such a check be arranged – especially if you are considering supplying a number of electrical items with your property. This is known as a PAT test – Portable Appliance Test and is usually carried out at the same time as a gas safety inspection, annually.

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The Plugs & Sockets Regulations 1994

These regulations state that plugs must be ‘sleeved’ and sockets must comply.

Part “P” Building Regulations (Electrical Safety in Dwellings)

From the 1st January 2005, new rules came into force controlling who could carry out certain works on certain electrical installations in a property and the procedures around those works. Failure to comply with these Regulations is a criminal offence, which could result in a maximum fine of £5,000 and or imprisonment.

In very general terms these regulations require that works, repairs, maintenance etc, on “electrical installation” in certain areas of property, are now known as “notifiable” works and as such must only be carried out by a competent person

The competent person can “self-certify” the relevant works and he (or she) then has a responsibility to provide the agent and the local authority building control department with a copy Certificate relating to the notifiable works.

Someone who is not a “competent person” could still do the works as long as appropriate approval is sought from the local authority Building Control department, before and after the works are carried out. In most cases an officer from the department will wish to visit the property and inspect the works and may require the contractor to submit suitable drawings or schematics.

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Smoke Detectors

Under Building Regulations, properties built after June 1992 must have mains, interlinked smoke detectors on each floor. Although there is no specific legislation for older properties, we would recommend that any property being let should have battery operated detectors on every floor, as a minimum.

During the tenancy, the tenant is responsible for ensuring the detector is in working order and the battery is replaced regularly.

Please speak to a member of our team for more information on all Regulations.

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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.

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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.

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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.

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Decorations
Interior decorations should be in good condition, and preferably plain, light and neutral.

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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.

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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.

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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.

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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.

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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.

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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.

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Keys
You should provide one set of keys for each tenant. Where we are Managing we will arrange to have duplicates cut as required.

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