Guide to Letting Property

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. 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 apply to tenancies created on or after 1st October 2015. For more details please speak to one of our representatives.

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 Landlords Legal Protection, Rent Guarantee Cover and Landlords Contents and Buildings Insurance if required.

It is most important that an inventory of contents and schedule of condition be prepared, in order to avoid misunderstanding or dispute 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. In order to provide a complete service, we will, if required, arrange for a member of staff (or third party) to prepare an inventory and schedule of condition, at the cost quoted in our Agency Agreement.

We recommend that you arrange for regular outgoings eg. 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, electricity and water accounts, to be drawn up. All these matters we will handle for you, however the telecoms provider (where applicable) will require instructions directly from both the Landlord and the Tenant.

When resident in the UK, it is entirely the Landlords responsibility to inform H M 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 HMRC 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.

The following requirements are the responsibility of the owner (Landlord). Where we are managing the property they are also our responsibility. Therefore, where we are managing, we will ensure compliance, any costs of which will be the responsibility of the Landlord.

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.

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.

Since 1st July 2020 an Electrical Installation Condition Report (EICR) is a requirement of any new tenancy. The checks ensure that all electrical installations in the property are safe before the Tenant moves in. Properties that pass the EICR will keep the certification for five years.

All properties built since June 1992 must have been fitted with mains powered smoke detector alarms from new.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 come into force on 1st October 2015. Landlords and managing Agents may be liable to a £5,000 fine if they fail to comply. The new 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.

Since 1st October 2022 a new ruling was introduced - Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 compliance. A carbon monoxide detector must be installed in any room which contains a fixed combustion appliance (excluding gas cookers/hobs).

For more information please speak to one of our representatives.

Since 1st October 2008 Landlords in England and Wales offering property for rent are required by law to provide prospective Tenants with an Energy Performance Certificate for their property. In Scotland EPC’s for rental properties have been required since January 2009. 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.

Booklet – ‘How To Rent: the checklist for renting in England’

Since 1st October 2015 it is the Landlord/Agent’s responsibility to provide the Tenant with the latest version of the ‘How To Rent Guide – The checklist for renting in England’.

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.

If your property is on 3 or more levels and/or let to 3 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 a 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.

All deposits taken by Landlords and Letting Agents under Assured Shorthold Tenancies (AST’s) 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.

From 1st 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.