Property Letting with Smooth Moves
Before a property can be let, there are several matters which the owner will need to deal with to ensure that the tenancy runs smoothly, and also that he/she complies with the law.
Mortgage
If your property is mortgaged, you should obtain your mortgagee's written consent to the letting. They may require additional clauses to be added to the tenancy agreement, and this permission, along with any requested clauses, needs to be given to Smooth Moves.
Leaseholders
If you are a leaseholder, you will need to check the terms of your lease and obtain the necessary written consent before letting. This document will need to be copied to Smooth Moves.
Sub-letting
If you are a tenant yourself, you will require your landlord's consent. This will need to be obtained in writing and copied to Smooth Moves.
Insurance
You will need to ensure you are suitably covered for letting for both your buildings and contents insurance. Failure to inform your insurers may invalidate your insurance policies. We would have pleasure in providing you with specialised Landlord's Buildings and Contents insurance if required. Please ask for a copy of schedules.
Inventory
It is most important that an inventory of contents and schedule of condition be prepared this avoids misunderstandings or disputes at the end of a tenancy. Without such safeguards, it will be impossible for you, the landlord, to prove any loss, damage, or significant deterioration of the property or contents. In order to provide a complete service to the landlord, if requested, we will prepare an inventory and schedule of condition, with photographs, at a cost to be quoted.
Income tax
When the landlord is resident in the UK, it is entirely his responsibility to inform the Inland Revenue of rental income received and to pay any tax due. However, where the landlord is resident outside the UK during a tenancy, under rules effective from 6 April 1996, unless an exemption certificate is held, we as landlord's agents are obliged to retain and forward to the Inland Revenue on a quarterly basis an amount equal to 20% of the basic rate of income tax from rental received. An application form for exemption from such deductions is available from the Inland Revenue website www.hmrc.gov.uk.
Important safety regulations
The following safety requirements are the responsibility of the owner (the landlord), and where we are to manage the property, they are also ours as agents. Therefore to protect all interests we ensure full compliance with the appropriate regulations, at the owner's expense.
Gas Appliances & Equipment
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 within 12 months of being installed, and thereafter at least every 12 months by a competent engineer (e.g. a GAS SAFE registered gas installer).
Maintenance
There is a duty to ensure that all gas appliances, flues and associated pipework are maintained in a safe condition at all times. General maintenance and repairs to the property are also a requirement of the landlord.
Records
Full records must be kept for at least 2 years of the inspections of each appliance and flue, of any defects found and of any remedial action taken.
Copies to tenants
A copy of the safety certificate issued by the engineer must be given to each new tenant before their tenancy commences, or to each existing tenant within 14 days following the check being carried out.
Electrical Appliances & Equipment
There are several regulations relating to electrical installations, equipment and appliance safety, and these effect landlords and their agents as 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 properties there is currently no specific legal requirement for a qualified electrician to carry out an inspection and issue a safety certificate (as exists in the case of gas appliances), it is now widely accepted in the letting industry that the only safe way to ensure safety, and to avoid the risk of being accused of neglecting your 'duty of care', or even of manslaughter, is to arrange such an inspection and certificate. Smooth Moves require a landlord to carry out this certificate.
Furniture & Furnishings
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989, 1993 & 1996) stipulate that specified items supplied in the course of letting a property must meet minimum fire resistant 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 produced prior to 1950, bed clothes including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Therefore all relevant items above must be checked for compliance and non-compliant items removed from the premises. In practice, most (but not all) items which comply must have a suitable permanent label attached. Items purchased since 1st March 1990 from a reputable supplier are also likely to comply.
General Product Safety
The General Product Safety Regulations 1994 specify that any product supplied in the course of a commercial activity must be safe. For letting, this would include both the structure of the building and its contents. Recommended action is to check for obvious danger signs -broken glass, leaning walls, sharp edges, etc, and also to leave operating manuals or other written instructions about high risk items, such as hot surfaces, electric lawnmowers, etc, for the tenant. These manuals will be copied for your tenant, ensuring the originals are kept in our files for future reference.
Preparing the property for letting
We have found from experience that a good relationship with tenants is the key to a smooth-running tenancy. As your Agent, the relationship part is our job, but it is important that your tenant feels comfortable in their home. Our policy of offering a service of quality and care therefore extends to prospective tenants too, and we are pleased to recommend properties to rent which conform to certain minimum standards.
