Advice for landlords

Both the interior and exterior of the property should be presented to the highest standard and in good decorative order. The majority of tenants will prefer neutral decoration with high quality fittings and furnishings with wooden floors. Properties should be well equipped with standard appliances and include a fridge freezer, washing machine, tumble dryer and power shower.

Written permission to sublet is required from a bank or building society when a mortgage is held against a property. We would advise that you request consent from your lender as soon as you decide to rent the property.

If the property is leasehold you may need to seek consent to let your property from the freeholder in accordance with the head lease. There may be restrictions on the head lease so a copy should be provided to the Tenant at the start of the tenancy.

We would advise that all appliances are in good working order and all operating and/or instructions manuals should be left in the property along with any details of guarantees or landlord warranties (i.e. British Gas home cover).

Please provide adequate sets of keys (and any security keys or fobs) to the Tenant, and one full set if Carter Jonas are managing the property.

For properties which are not managed by Carter Jonas, the Tenant must be provided with the contact details of who is managing the property and who to contact in an emergency.

We recommend that the property is professionally cleaned (to include carpets) before the tenancy starts and an inventory make and check in is carried out by a professional inventory. The inventory states the contents and the condition of the property and the Tenant must return the property in the same state at the end of the tenancy (fair wear and tear excluded). Carter Jonas will arrange this for you if we manage the property.

Chimneys should be swept at the beginning of the tenancy and then on an annual basis.

You must have buildings, contents and public liability insurance in place prior to start of the tenancy.

In order to comply with the Health and Safety Executive’s Code of Practice Landlords are advised to carry out a risk assessment at their premises prior to letting where there are open water tanks, cooling systems or a swimming pool.

Any Landlord living outside the UK is able to apply for a Certificate of Self-Assessment in order to receive gross rental income. If you do not apply, we are legally obliged under the Finance Act of 1995 to deduct the current rate of tax from the rental income and pay over to the Inland Revenue every quarter. You can obtain a Non Resident Landlord form via the HMRC website. Our agent no is NA036548 which you will need to complete the form.

We would advise a working telephone line is in place in the property prior to the start date.

If necessary, Royal Mail offers a redirection service for your post to be forwarded to your address (www.royalmail.com).

As you may have read in recent press, the Government amended the provisions of the Coronavirus Act 2020 from Saturday 29th August 2020 a landlord must provide at least six months’ notice prior to seeking possession of an Assured Shorthold Tenancy through the courts including section 21 evictions and rent arrears under six months. The six month notice period supersedes any break clauses in a tenancy agreement.

Shorter notice periods will apply to certain cases where the landlord wants to evict the tenant because of rent arrears of six months or more, anti-social behaviour, domestic abuse or fraud.

Notices served on and before 28th August are not affected by these changes, and must give at least three months’ notice.

The courts are due to open again to hear cases on 20th September 2020 and the Government has indicated that claims relating to very high rent arrears, antisocial behaviour and domestic violence will be prioritised.

However, in addition new court rules have been agreed which will come into force on 20th September 2020 meaning landlords will need to set out in their claim any relevant information about a tenant’s circumstances, including information on the impact of the Covid-19 pandemic. Judges will have the ability to adjourn proceedings if this information is not provided.

The changes to the legislation have been put in place until 31st March 2021 and if there is no further legislation, the hope is that the notice period will revert back to two months in April 2021 but at present it is impossible to rule out further changes.

Should you require further information please contact your local Head of Lettings who will be happy to discuss this with you.

From 1st October 2008, a prospective Tenant of a residential property must be supplied with an Energy Performance Certificate (EPC) free of charge at the commencement of marketing. We would recommend the EPC is included in the property particulars. EPC’s must be provided by accredited energy inspectors and the certificate lasts for 10 years. Under this legislation we are unable to market a property for letting until we are in receipt of the EPC. From April 2020 Landlords must ensure that their property complies with the minimum level of Energy Efficiency Standard EPC band E.

In accordance with the Immigration Act 2014 it is a legal requirement for a landlord to meet and check that all Tenants over the age of 18 have the Right to Rent, and to check their passport and/or visa if the Tenant has a time-limited right to stay in the UK.

From 6 April 2007 all Landlords or agents must use one of the three approved TDP schemes to protect tenants' deposits for Assured Shorthold tenancies (AST) within 30 days of the deposit monies being paid or the tenancy commencing. If any other scheme is used, deposits are not protected in law.
The three approved schemes are:

 

• Deposit Protection Service (DPS)
• MyDeposits
• Tenancy Deposit Scheme (TDS)

If Carter Jonas are instructed to hold the Deposit, we shall do so under the Terms of the Tenancy Deposit Scheme if the Tenancy is an (AST). - See more below.

Useful links:

• https://www.gov.uk/tenancy-deposit-protection/overview
• http://www.depositprotection.com/
• https://www.mydeposits.co.uk/landlords/
• https://www.tenancydepositscheme.com/landlords-FAQs.html

As a Landlord you are responsible for the safety of your tenant. You are required by law to ensure that all gas appliances, installations, flues and pipe-work in the property have been checked by a Gas Safe Registered Engineer and a Gas Safety Certificate (GSC) is issued every year. A copy of the GSC must be provided to the Tenant at the start of the tenancy and the tenancy is unable to commence without a valid GSC. It is the Landlord’s legal responsibility to arrange for an annual gas safety check and for a copy to be given to the Tenant within 28 days of the certificate being completed. A GCS should be retained for two years.

It is a legal requirement to have a carbon monoxide alarm fitted to any room where there is a solid fuel burning combustion appliance. The carbon monoxide alarm must be checked and in proper working order the day the tenancy commences.

Currently under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, all Tenanted properties require a smoke alarm to be fitted on each storey of the Property where there is a room used wholly or partly as living accommodation which includes a mezzanine where only a bathroom is situated. Checks will need to be made to each smoke alarm to ensure it is in proper working order on the day the Tenancy commences. Under the Building Regulations 1991 any newly built Property from June 1992 and Houses of Multiple Occupation (HMO) must have mains fitted smoke alarms with battery back-up.

Oil, LPG, Solid Fuel appliances and wood burning stoves should be serviced and checked annually. Wood burning stoves installed from 2011 must have an Installation Certificate and a Carbon Monoxide alarm fitted.

Under these Regulations it is a criminal offence to let a Property with upholstered furniture or soft furnishings containing foams which cannot be proven to comply with the above Regulations. The Regulations require that specified items must be match resistant, cigarette resistant and carry a permanent label.

Under the amended Disability Discrimination Act which came into effect in 2006, a disabled person is entitled to ask the Landlord to carry out any adjustments to the property to ensure the person is able to enjoy the property as much as an able bodied person. Any adjustments (i.e. a wheelchair ramp) are temporary and are the responsibility of the Landlord.

It is the Landlord’s responsibility for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Property comply with the current Regulations. We would recommend a Portable Applicance Test (PAT) is carried out on any electrical appliances in the property.

These regulations apply to all new tenancies from 1st July 2020 including renewals and statutory periodics, and all existing tenancies from 1st April 2021. The standards that should be met are set out in the 18th Edition of the Wiring Regulations. A copy of the report must be given to the Tenant before the tenancy commences. A Tenant and/or the Local Authority can request a copy of the report. Any remedial works will need to be carried out within 28 days of the inspection. The inspection and test must be carried out every five years by a qualified and competent person.

It is a legal requirement for all new blinds and curtains to be fitted with a safety device and comply with current safety standards. For further information can be found at www.bbsa.org.uk

A Landlord is obliged to obtain a licence from the relevant Local Authority if the property is:

I) let as a main or only home to at least three unrelated sharers who share a kitchen or a bathroom.
II) Three of more storeys.
III) Occupied by five or more persons who form more than one household.

A tenancy is unable to start without the licence and failure to obtain a licence could result in a fine for the Landlord of up to £20,000.

Guidelines for licenses differ depending on the Local Authority however all regulated HMOs must have a mains fitted smoke alarm with battery back up, a carbon monoxide alarm, a Electrical Installation Condition Report and a Portable Appliance Test.

It is important to be aware of the Deregulation Act 2015 which introduced Retaliatory Eviction where a Tenant can not be served with a Section 21 for repossession of a property if there are outstanding maintenance issues and an improvement notice has been served on the property by the local council.

Carter Jonas are obliged to verify the identity and address of all clients prior to marketing a property.

In accordance with the Housing Act 1988 (as amended by the Housing Act 1996): this type of tenancy agreement can be used in the following circumstances:

• The property is let to an individual and is the principal home
• The property is let as a separate dwelling
• The property is let for a minimum of six months and the Landlord must give at least two months’ notice to gain possession
• The rent must not exceed £100,000 per annum

Also known as a contractual tenancy, falls outside of the Housing Act and all parties are therefore bound solely by the terms of the tenancy agreement. This is used for individual tenancies which are not ASTs – see above criteria.

This falls outside of the Housing Act as the property is taken in the Company’s name, and the person living at the property is named as an Occupier or Licensee.

A short let is generally for a period of less than six months. For leasehold properties it is important to check the conditions of the Head Lease to ensure that short lets are permitted. Certain Local Authorities and mortgage companies do not allow short let properties and may impose a fine.

Carter Jonas may send the tenancy agreement to you for electronic signature and the agreement will be deemed as executed once all parties have signed.

Please note that this is a legal agreement between the Tenant and the Landlord and we would recommend that independent legal advice should be taken.

The cost of an Assured Shorthold tenancy agreement will be payable by the Landlord.
The cost of a Non Housing Act tenancy agreement will be payable by the Tenant and the Landlord.