Landlords' Guide
This Landlords' Guide outlines some of the more important and most frequently
asked about subjects concerning residential lettings as well as setting out our
services and fee structure.
If there is anything within it that you are unsure of or if you require more details on any of the subjects covered in the following links, please do not hesitate to contact us.
General
Advice For Landlords
Safety
Tax on Rental Income
Law Relating to Residential Lettings
Preparing the Property for Letting
Our Services
Mortgage
If the property is mortgaged, written consent should be obtained from the
mortgagee. If they require any special clauses in the tenancy agreement we will
need to be informed.
Insurance
You should ensure that you have suitable cover for both buildings and contents
for letting. Failure to inform your insurers could invalidate your insurance.
We are agents for LetSure who offer a complete range of
insurance products tailored specifically for the rental market. These products
include: buildings, contents, owner/occupier and legal protection policies as
well as the rent protection cover described below.
Rent Protection Insurance
Whilst we take every precaution to ensure that your interests are fully
protected by comprehensively vetting and credit checking prospective tenants,
even the most exemplary individual may be unable to pay the rent, perhaps due to
redundancy, marital breakdown or illness.
Without a rental protection service, landlords may
suffer loss of rental income and be liable for any legal costs incurred when a
tenancy agreement is breached or possession becomes necessary. In your
interests, we provide a unique rental protection service - LetSure Rent &
Legal Protection.
Council Tax
It is the responsibility of the occupier to pay the council tax on a property.
We will notify the local collection office when a property is let to a tenant.
If the property is vacant for a period of time the responsibility reverts to the
owner. If the property is unfurnished during the vacant period there is no
charge for the first six months and a charge of 50% of the normal rate
thereafter. If it is furnished the charge is 50% of the normal rate for the
entire period it is vacant.
Water Rates
It is normally the responsibility of the occupier to pay water rates. We will
notify the water company when the property is let to a tenant. If the property
is vacant, the following rules apply:-
Inventory
To avoid misunderstanding or dispute it is important to prepare an inventory of
all contents and furniture, along with a schedule of condition. If this is not
done it is impossible for a landlord to prove any loss, damage or deterioration
of the property or contents. Any items of high monetary, personal or sentimental
value should be removed from the property prior to letting. Do not leave an
excess of crockery, cutlery or any ornaments as listing these items could
increase the time allotted in preparing the inventory. Should we take
significantly longer in doing so, then we reserve the right to make an
additional charge.
Furnished or Unfurnished?
Your property can be let on a furnished, part-furnished or unfurnished basis and
we would be happy to advise on what would most appropriate for you. However,
experience has shown that the demand, in the area that we cover, is higher for
unfurnished properties.
With this, and the regulations outlined below in mind,
we would normally advise that you let your property unfurnished.
Safety
Gas Safety (Installation and use) Regulations 1994
Under the above regulations, all gas appliances (e.g. boilers, fires, supply
pipework etc) in let properties must be safety checked annually by a CORGI
registered installer. Proof from the installer will be required by way of a
CORGI landlord certificate.
Solid Fuel and Oil Appliances
Heating and cooking appliances fuelled by coal, smokeless fuels, wood and
oil can be just as likely as gas appliances to cause carbon monoxide poisoning
if they are poorly installed, faulty or incorrectly used. Therefore, we strongly
recommend that any such appliances are checked by a competent engineer before a
tenancy commences and at regular intervals thereafter and that any instruction
books are left in the property. Chimneys should be swept at least once every
year.
Electrical Equipment (Safety)
Regulations 1994
The above regulations apply to new and second-hand appliances and
installations supplied as part of a let property. The appliance must be safe,
particularly when connected to the electricity supply system and be sufficiently
well insulated to provide protection from an electric shock. To establish this
criteria the appliance should be tested by an electrician who has the necessary
test equipment to carry out portable appliance testing, and is NIC/EIC
qualified.
Plugs and Sockets etc (Safety)
Regulations 1994
Under the above regulations, all new and second-hand appliances which are
supplied, including those in rented accommodation, must be fitted with an
appropriately fixed and fitted plug. The plug must be of the ‘sleeved’ type
i.e. the live and neutral pins must be partly encased in a plastic sleeve. The
fuse must be of the correct rating for the appliance.
Permanent electrical installations, such as mains power wiring, sockets,
lighting wiring, fittings and switches must be safe and checked on a regular
basis by a competent person.
Fire Safety Regulations (Furniture
and Furnishings)
If a property is let furnished or part-furnished the items supplied must
meet minimum fire resistant standards. The regulations apply to beds,
headboards, sofas, cushions, sofa-beds, nursery furniture and garden furniture
suitable for use in a dwelling. The regulations do not apply to furniture
produced before 1950, bed clothes, curtains or carpets. Those items that meet
the regulations will carry a label. If you are in any doubt about the compliance
of any item, it should be removed from the property.
Smoke Alarms
The Smoke Detection Act 1991 made it mandatory to fit electric mains-powered
smoke alarms in new residential buildings. It is not currently mandatory to fit
smoke alarms in existing buildings (except houses in multiple occupation)
however, we do advise fitting smoke alarms as it could be seen as part of your
‘duty of care’. If alarms are fitted the following points should be noted:-
The alarm(s) should conform to BS5446 Part 1 1990 and be fitted in the circulation spaces, i.e. stairways and corridors.
The alarm(s) should be in full working order prior to
any tenancy, have new batteries and be tested.
Tax on
Rental Income
Income Tax Considerations
Where the landlord is a U.K. resident it is entirely his responsibility to
notify the Inland Revenue of income received and to pay any tax due.
Income Tax is payable on lettings whether the Landlord lives in the U.K. or not. Expenses are usually only allowed if incurred during the letting period but there are provisions for claiming expenses on an un-let property.
For all lettings, furnished or unfurnished, the Landlord can claim:-
Maintenance, repairs, insurance and
management charges
Ground rent
Legal and accounting fees
Cost of providing services included
in the rent (e.g. Council Tax or electricity)
Interest on a loan to purchase or improve the property
In addition, for furnished lettings you may also claim:-
Insurance of contents
Repairs of contents
Wear and tear. This is either on a replacement or 10% of rental income less Water Rates and Council Tax.
The above tax advice is intended as a guide only. In view of the unique nature of each individuals tax affairs, if you are in any doubt as to your potential tax liability when letting your property, we recommend that you consult a tax advisor.
We can supply the names of specialists in this field if required.
Overseas Landlords
If the landlord is not resident in the
U.K. during the term of the tenancy, it is the agent's responsibility to retain
and forward an amount equal to the basic rate of income tax from the rent
received to the Inland Revenue, unless an exemption certificate is supplied.
Applications can be made to the Inland
Revenue to receive UK rental income with no tax deducted, under the Non-Resident
Landlords Scheme. Forms are available from us.
Law
Relating to Residential Lettings
It is essential that all residential
lettings of furnished or unfurnished property are legally sound in view of the
complexities of the laws relating to the renting of property.
Re-possession of your property can only
be assured if the following provisos have been met:-
The correct Tenancy Agreement has
been drawn up between the Landlord and Tenant.
The relevant Housing Act Notices have
been served upon the Tenant before the signing of the Tenancy Agreement and the correct Notices
served prior to the end of the Tenancy.
You have not allowed the prospective
Tenant free access to the property or entered into a verbal agreement prior to
the signing of the Tenancy Agreement.
You have obtained the mortgagee's consent to let the property.
If the tenant breaks his contract with you, or refuses to vacate the property at the end of the tenancy, it is important to understand that legal repossession can only be obtained through the Courts. The use of intimidation or harassment against a tenant in the hope of gaining repossession is a criminal offence.
Preparing the Property for Letting
We have found that the key to a smooth-running tenancy is to establish a good relationship with the tenants. As Property Managers that relationship is our job. However, it is important that the tenants feel comfortable in their new home and that they are receiving value for money. This is where you can play an important role in preparing the property to a standard that we would be pleased to recommend to prospective tenants.
Remember - Quality properties attract
quality tenants.
General Condition
The property should be in good repair with regard to wiring, plumbing,
heating and any appliances. If possible arrange suitable maintenance contracts.
Repairs and maintenance are at the landlord's expense unless misuse can be
established.
Decor
The interior and exterior should be in good decorative order and preferably
plain, light and neutral.
Personal items
Personal possessions and any items of monetary or sentimental value should
be removed from the property. All cupboards and storage space should be left
clear for tenant's own use.
Gardens
Gardens should be left tidy and rubbish-free, with any lawns cut. It is the
tenants responsibility to maintain the gardens to a reasonable standard.
However, if the garden is particularly large or valuable to you we would
recommend employing the services of a regular gardener.
Cleaning
At the start of a tenancy the property should be in a thoroughly clean
condition. At the end of the tenancy it is the tenant's responsibility to leave
the property in a similar condition. If they fail to do this, cleaning should be
arranged at their expense.
Mail Forwarding
It is strongly recommended that when vacating the property you arrange mail
re-direction with the Post Office. This can be done over the counter at a
minimal cost. If we do continue to receive mail from the tenants, we will, of
course forward it at standard Post Office rates, but there can sometimes be a
delay.
Information for tenants
It is always helpful if you can leave any information for the tenant on
operating the central heating system and any appliances in the property, e.g.
washing machine, alarm system. Also any local information, e.g.
refuse collection day.
Full Management Service
This service is available for those Landlords who wish us to completely
manage the property and have the minimum of involvement themselves.
The service includes:
Advising on rental values
Finding and accompanying prospective tenants to view the property
Comprehensive tenant referencing/credit searches
Compiling and signing up the tenant on a suitable Tenancy Agreement
Compiling and serving the relevant Housing Act Notices
Preparing a detailed
Inventory
Collecting deposits and rents
Accounting to the Landlord with
statement of account monthly
Inspect the property internally at
our discretion
Ensure the utility accounts are
transferred into the tenants own name
Liaise with the Landlord, Tenant and
any tradesmen over necessary repairs
Instruct tradesmen over urgent
repairs in the Landlords absence
Make all necessary checks at the end
of each tenancy
Ensure all utility accounts are
transferred
Deduct any delapidations due from the
tenants deposit
Endeavour to ensure there are no
empty days between tenancies
Find replacement tenants
Management Service For Overseas Landlords
As listed above but with the additional responsibility to collect Income Tax
on behalf of
the Inland Revenue (unless an exemption certificate is
obtained) together with the caretaking of the property in the continued absence
of the Landlord, particularly between tenancies.
Fees for the above management services are taken as a percentage of each month's rent.
Let Only Service
This service is available for those Landlords who wish to manage the day to
day running of the tenancy, but would like us to find, vet and sign suitable
tenants up on a lease appropriate to the Landlord's needs, together with the
accompanying documentation.
The service includes:
Advising on rental values
Arranging suitable times for prospective
tenants to view the property with the landlord or with us if a key is supplied
Comprehensive tenant referencing/credit
searches.
Compiling and signing up the tenant on a
suitable Tenancy Agreement
Compiling and serving the relevant
Housing Act Notices
Preparing a detailed Inventory
Collecting deposits and first month's
rent
Ensure the utility accounts are transferred into the tenants own name
A single letting fee is charged for the above let only
service.