Guide for Landlords

Electrical, gas, plumbing, waste, central heating and hot water systems must be safe, sound and in good working order. Repairs and maintenance throughout the tenancy are at the landlords expense, unless misuse can be established. Interior decorations should be in good condition and preferably plain, light and neutral. Tenants may want to decorate to their taste but this should not be at the expense of the property being nicely presented at the outset. For HMOs, interior decoration and styling is at the landlord’s discretion and tenants would not be encouraged to redecorate their rooms.

Your property can be let fully furnished, part furnished or unfurnished. Which of these is appropriate will depend on the type of property – single family let or HMO – and local market conditions. We will be pleased to give you advice on whether to furnish your property or not and to what level. As a minimum, you will be expected to provide decent quality floor coverings, curtains and light fittings. Floor coverings should be appropriate to the room (e.g. vinyl or laminate in kitchens and bathrooms). Remember that it is expected and accepted that there will be wear some and tear on the property and rooms and any items provided throughout the tenancy (known as ‘fair wear and tear’).

Another good guide for landlords is that we advise Landlords that all 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 and we advise against this. All cupboards and shelf space should always be left clear for the tenant’s own use. In HMOs there will likely be some ornaments and decorations required to be included in keeping with the style of the property.

As a general guide for landlords, all gardens should be left neat, tidy and rubbish free, with any lawns cut. In single family lets, tenants are required to maintain the gardens to a reasonable standard, provided they are left the necessary tools. However, not all people are keen 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. Again, condition of the garden and any specific arrangements and agreements can be captured in the inventory and tenancy agreement as appropriate. For HMOs the landlord will be responsible for maintaining the outside space at all times.

At the commencement of the tenancy the property must be in a thoroughly clean condition. At the end of each tenancy it is the Tenant’s responsibility to leave the property in a similar condition. Where they fail to do so, cleaning will be arranged at their expense. The standard of cleanliness of the property prior to the tenancy commencing is captured in the inventory. There are a varierty of situations in HMOs dependent on the target tenant type, but the most common solution is that the landlord provides a cleaning service for the communal parts and the tenants are responsible for the cleanliness of their rooms.

It is helpful if you leave a file at the property with any important information for the Tenants, e.g. on operating the central heating and hot water system, washing machine(s) and alarm system, and the day refuse and recycling is collected etc. Contact numbers for the landlord or property agent/manager should also be readily available to the tenants.

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 (often referred to as the ‘Head Lease’), and obtain any necessary written consent before letting. Freeholders will often reserve the right to charge fees for granting permission to sub-let your property.

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 Landlords Legal Protection, Rent Guarantee Cover and Landlords 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 on account 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 will be handled 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 resident outside the UK during a tenancy, he will require an exemption certificate from the 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 condition be prepared prior to the start of a tenancy, in order to avoid misunderstanding or dispute at the end of the tenancy. Without such safeguards, it is impossible for the Landlord to prove any loss, damage, or significant deterioration of the property or contents. In order to provide a complete service, we will if required arrange for an inventory and schedule of condition to be prepared, at the cost quoted in our Agency Agreement. We use a specialist inventory company to prepare these detailed reports. If you would like to see an example of our typical inventory then please get in touch.

Most tenancies will automatically be Assured Shorthold Tenancies (ASTs), provided the rent is under £100,000 a year and the property is let to private individuals. Tenancies are usually granted for an initial fixed term of either 6 or 12 months but can be either longer or shorter periods. When the fixed term has expired, the landlord is able to regain possession of the property provided he gives two months written notice to the tenant.

New rules on gaining possession via ‘Section 21’ (of the housing Act 1988) apply to tenancies created on or after 1 October 2015. For more details please speak to one of our representatives.

The Department of Communities and Local Government (DCLG) regulations enforce obligations on landlords to provide specific information to their tenants at the start of a tenancy, and restrictions on the use of the section 21 Notice no fault possession procedure if they fail to do so.

Landlords are responsible for giving tenants a booklet called “How to rent: the checklist for renting in England”. This can be served electronically (typically by use of a link in an email) provided you have obtained consent from your tenant to do so.

For more information please contact one of our representatives.

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 current safety certificate (also referred to as a ‘CP12’) given to each new tenant before their tenancy commences.

There are 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 most reliable way to ensure safety, and to avoid the risk of being accused of neglecting your ‘duty of care’, is to arrange such an inspection and certificate. Most qualified electricians can supply an Electrical Installation Condition Report (EICR). Once obtained, the EICR is valid for 5 years. We can arrange an EICR for our landlord clients upon request.

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.

As a general guide for landlords, all properties built or converted after June 1992 must have been fitted with mains powered smoke detector alarms from new.

For single family lets, current legislation requires that all landlords must install a working smoke alarm on every floor of a property as well as carbon monoxide detectors in rooms where solid fuel appliances are present and used. The alarms must be shown to be working at the start of the tenancy. Landlords and managing agents may be liable to a £5000 fine if they fail to comply.

For HMOs an interlinked, mains powered detection and alarm system must be fitted.

From October 2022, every property in England will have to have a functioning CO detector where there is a source of fuel burnt for heating the property or heating water – including gas and oil boilers. Those properties with electric heating and those which only use gas for cooking are excluded.

For more information about this aspect of our guide for landlords please speak to one of our representatives. We can arrange for smoke and CO detectors to be fitted in our landlord clients’ properties upon request.

If your property is let 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 in any property, it is still likely to be an HMO, and special Management rules will apply.

The HHSRS provides an analysis of how hazardous a property is through assessment of 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. The HHSRS is enforced by local authorities who have the power to intervene if any significant hazards are found to be present in a property.

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 scheme; a single custodial scheme and two insurance-based schemes.

Current legislation define people with disabilities’ 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 1st October 2008 landlords in England and Wales offering property for rent have been required by law to provide prospective tenants with an Energy Performance Certificate (EPC) for their property. The certificates must be provided free either when (or before) any written information about the property is provided to prospective tenants or a viewing is conducted. An EPC is valid for 10 years. We can arrange an EPC inspection for our landlord clients upon request.