Guide to Letting Property

We have found that a good relationship with Tenants is the key to a smooth-running tenancy. As Property Managers this relationship 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. It follows therefore that a well-presented and maintained property in good decorative order will go towards this, whilst also achieving a higher rental figure. Tenants are also more inclined to treat such a property with greater respect.

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 Landlords expense unless misuse can be established. Interior decorations should be in good condition and preferably plain, light, and neutral.

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.

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.

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 with 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.

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.

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.

You should provide one set of keys for each Tenant. Where we will be managing we will arrange to have duplicates cut as required.

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.

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

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 Landlord's Legal Protection, Rent Guarantee Cover, and landlord's Contents and Buildings Insurance if required.

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.

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.

When resident in the UK, it is entirely the Landlords responsibility to inform the Revenue & Customs of rental income received and to pay any tax due. Where the Landlord is a resident outside the UK during a tenancy, he will require an exemption certificate from the HM Revenue & Customs before he 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.

It is most important that an inventory of contents and schedule of conditions is prepared, in order avoid misunderstanding or disputes 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. As we provide a unique all-inclusive service, we will arrange an inventory and schedule of conditions at no extra cost.

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. You must ensure an annual gas safety check on each gas appliance and flue is carried out and keep a record of each check. Once this has been done, you’ll be given a Landlord Gas Safety Record or Gas Safety certificate which you must provide to current tenants within 28 days or to new tenants at the start of their tenancy. Failure to do so may mean you are not able to use section 21 of the Housing Act 1988 to take possession of your property if needed.

There is several regulations relating to electrical installations, equipment, and appliance safety, and these affect landlords and their agents in that they are ‘supplying in the course of business. They 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. Although with tenanted property there is currently no legal requirement for an electrical safety certificate (except in the case of all HMOs) it is now widely accepted in the letting industry that the only safe way to ensure safety and avoid the risk of being accused of neglecting your ‘duty of care’, is to arrange such an inspection and certificate.

Electrical installations and fixed appliances must be safe. Under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, you will have to get your property electrics checked at least every five years by a properly qualified person. This will apply to new tenancies on 1 July 2020 and existing tenancies on 1 April 2021. The electrics must be safe and you must give your tenant proof of this. For more information please see guidance on electrical safety standards in the private rented sector on gov.uk website. It is also recommended that you regularly carry out portable appliance testing (PAT) on any electrical appliances you provide and supply the tenant with a record of any electrical inspections carried out. You should ensure that anybody carrying out electrical work on the property is competent to do so.

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows, and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950 and certain other items. Non-compliant items must be removed before a tenancy commences.

All properties built since June 1992 must have been fitted with mains powered smoke detector alarms from new. Although there is no legislation requiring smoke alarms to be fitted in other ordinary tenanted properties (except HMOs), it is generally considered that the common law ‘duty of care’ means that Landlords and their Agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. We therefore strongly recommend that the Landlord fit at least one alarm on each floor (in the hall and landing areas).

Working smoke alarms must be installed on every storey of living accommodation. If your property has any rooms that contain a solid fuel appliance, such as a wood-burning stove, working open fire, etc., you must also install carbon monoxide alarms in those rooms.

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 has come into force on 1 October 2022. From that date, all relevant landlords must:

1. Ensure at least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015
2. Ensure a carbon monoxide alarm is equipped in any room used as living accommodation that contains a fixed combustion appliance (excluding gas cookers).
3. Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.

The requirements are enforced by local authorities who can impose a fine of up to £5,000 if a landlord fails to comply with a remedial notice.

HMOs are typically properties in which three or more unrelated people share common areas such as a kitchen or bathroom.

Some HMOs are required to be licenced. Check that your landlord is properly licenced. Landlords of licenced HMOs are required by law to provide tenants with a statement outlining the terms under which they live on the property.

If your property is on 3 or more levels and lets 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 to any property, it is still likely to be an HMO, and special Management rules will apply.

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 any disputes going to court, each scheme is supported by an alternative dispute resolution service (ADR). Landlords and letting agents can choose between two types of schemes; a custodial scheme or an insurance-based scheme.

From October 2010, the Equality Act replaced much of the Disability Discrimination Act of 2005. However, the Disability Equality Duty in the DDA continues to apply. These Acts define disabled people's 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.

Since October 2008 landlords in England and Wales are required by law to provide an Energy Performance Certificate when they rent out a property. The EPC provides prospective tenants with information about how energy efficient a property is that they are considering renting. From April 2018, the law will require that every rental property must have an energy efficiency rating of at least E. This will apply immediately to new tenancies and existing tenancies that are being renewed or extended from April 2018. Any property with a rating of F or G will be deemed unfit for rental and appropriate measures will need to be taken to improve the energy rating to the minimum E rating.

A guide for tenants and landlords in the private rented sector to help them understand their rights and responsibilities. It provides a checklist and more detailed information on each stage of the process.