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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