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Landlord FAQ's.
Do I need permission to let my property?

If your property is mortgaged or held as leasehold then you may need to obtain consent from the Lender or Freeholder before letting. This type of information is normally detailed in your mortgage/lease documentation. You should obtain all necessary consents before instructing us.

Do I need to change my buildings insurance?

Our advice is always to take some specialist Landlord insurance. Whilst many insurance companies will tell you that your existing policy covers you for letting there will normally be a large administrative fee to pay, or a significant increase to your annual premium. Furthermore you are unlikely to be covered for the specialist areas of insurance that you need as a Landlord, such as malicious damage by tenants, unoccupied for more than 30 days a year and public liability etc. In most cases specialist insurance is no dearer than a normal policy and can often be cheaper.

Should I leave my property furnished or unfurnished?

Up to about 80% of properties let are unfurnished. However some properties depending on the location and property type may attract specialist markets (such as City Centre and Corporate Client markets) in which case we may recommend furnishing. You will be advised of the best market for your property by our trained staff.

How should I present my property?

All properties available for let must be in good condition both externally and internally and must comply with all appropriate safety legislation at all times.

We have detailed below some tips for letting your property, which should help you obtain the best achievable rent in the shortest possible time.

  • Make sure your property looks as attractive as possible from the outside, keep the gardens and driveway tidy - first impressions last.
  • Make the inside as cosmetically attractive possible; tenants will be put off if they think that they will have to decorate immediately.
  • Undertake any nuisance repair jobs before letting - if it was a pain for you, it will be a pain for your tenant.
  • Make sure the property is clean and tidy before undertaking any viewings
  • Remove any clutter before viewings - this only highlights lack of storage space.
  • Make us aware of any special features prior to letting so that we can use it in our marketing
  • Always undertake professional cleaning between lets.
  • Remember - properties that are kept in better condition are more likely to secure better quality tenants with minimum periods of un-occupancy.

    What safety legislation do I need to comply with?

    Landlords have a duty of care under common law to ensure that their property, the fixtures and fittings, and appliances contained within are safe.

    There is also specific legislation in place that outlines what your statutory commitments are and these are detailed below.

    The Furniture and Furnishings (Fire) (Safety) Regulations 1988 amended 1993

    These regulations state that all upholstery and soft furnishing included in a property to let must comply with the appropriate fire resistance standards. These furnishings must carry the appropriate permanent labels to prove that they comply, as there is no method of testing available.

    Gas safety (installations & use) Regulations 1998

    These regulations specifically deal with the installation, maintenance and use of gas appliances, fittings and flues in domestic and certain commercial premises. They place duties on landlords to ensure that gas appliances, fittings and flues provided for tenants' use are safe. In essence it means that you are legally obliged to have your property inspected every 12 months by a corgi approved contractor to confirm that your property is compliant and this should be undertaken prior to letting.

    Electrical Safety

    There are numerous pieces of legislation detailed below that determine your legal obligations as a Landlord.

  • Electrical Equipment (Safety) Regulations 1994
  • Consumer Protection Act 1987
  • Low Voltage Electrical Equipment Regulations 1989
  • Plugs and Sockets (Safety) Regulations 1994.
  • General Product Safety Regulations 1994
  • Health and Safety at Work Act 1974
  • Building Regulations Electrical Safety 2005

    The requirements for Landlords are for you to offer your property (including installation & appliances) in a safe manner, were the definition of safe is to prevent risk of injury or death. Unfortunately no one piece of legislation deals with how to do this but common law due diligence provides sufficient guidance.

    In general you need to be able to prove that you have taken the appropriate measures between tenancies to ensure that the property is safe. This can be done with periodic electrical installation reports and portable appliance testing.

    Note

    Any failure to comply with any of these regulations can result in an unlimited fine and/or imprisonment.

    What type of tenancy will I have?

    Your tenancy agreement unless agreed otherwise will normally be a 6 month assured shorthold agreement to give you the maximum amount of security as a Landlord. You should be aware that this is a legally binding contract between you and your tenant and one that can only be brought to an end by the appropriate Notice to Quit or mutual consent. Resign agreements will normally be completed for 12 months at the expiry of the first tenancy.

    Do I pay tax on rent?

    All income including rent is subject to UK tax whether you live in the UK or overseas. There are many allowable expenses which can be deducted and which will help limit your tax liability. These include mortgage interest, agent's fees, insurance and allowances for wear and tear. The normal method for notifying the Inland Revenue is through a self-assessment return and we always recommend that you seek professional financial advice to assist you.

    Who is responsible for repairs?

    As a Landlord you are governed by The Landlord and Tenant Act 1985 section 11 (as amended by section 116 of the Housing Act 1988). This Act requires you to keep the structure and exterior of the property together with installations for supply of water, gas, electricity and sanitation, in a good state of repair, and to keep in proper working order installations for space and water heating.

    Who looks after the garden?

    The responsibility for upkeep and maintenance of the garden rests with the tenant unless there is some other specific arrangement agreed prior to letting. Tenants are not required to be dedicated gardeners but are required to undertake the basic duties associated with a house and garden.

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