Landlords Information

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1 Landlords Information Are you a landlord trying to find your way through the information overload? Let Bespoke Lettings Ltd agents manage this process for you. Matching People & Properties Perfectly A birds-eye view of your responsibilities as a landlord At Bespoke Lettings Ltd our comprehensive lettings and management service goes beyond the average High Street property management firm, as we pride ourselves in offering a tailor-made service specific to your needs, ranging from a Full Property Management Service to a Tenant placement only service. As a Landlord you have a responsibility to provide a safe and well-maintained property for your tenants. Our Bespoke Property Management service is available to advise on the preparation of your property. We can arrange for qualified workmen to provide a repair service, as well as conducting relevant safety checks to ensure the property is kept to a legal and high standard. Call us today on bespokelettings.co.uk

2 Full management service Included in the management fee are the following services: A free letting valuation and advice on the rental income and pre-letting preparations required. Marketing the property including the use of To Let boards and Internet exposure through bespokelettings.co.uk, Rightmove, Zoopla and other property websites. Arrange and to accompany prospective tenants on all viewings and providing full feedback to clients. On receipt of a tenant(s) application undertaking full referencing which includes a through Credit, Bank, Employer, previous Landlord and Character reference, along with the Right to Rent Immigration checks. Where necessary additional security may be required by means of a Guarantor. In the case of a Company let a full Bank reference would be taken. Arranging for the preparation of the Tenancy Agreement and corresponding Notice necessary for the Landlord to gain protection of the relevant Rent and Housing Acts. Taking a deposit from the Tenant, dealing with the deposit under the requirements of the Tenancy Deposit Scheme until the end of the tenancy. Once the property and contents have been checked for unfair wear and tear handling any termination issues with the Tenant and the Tenancy Deposit Scheme provider. Liaising with the Landlord s mortgage company where necessary regarding reference and Tenancy Agreement. Arranging of Energy Performance certificates (EPC), gas and electrical safety records in accordance with the current legislation Collecting the first month s rent and arranging for the Tenant to sign a Standing Order Mandate in favor of Bespoke Lettings Limited - Clients Account for future rental payments. Carrying out a property Inspection and Inventory/schedule of condition with photographs checked prior to and at the end of the Tenancy and dealing with matters relating to unfair wear and tear before releasing the Tenant s deposit. Collecting the rent monthly and paying over to the Landlord monthly less any fees or expenses due or incurred for the period. Payments will be made to the Landlord s bank together with a detailed rental statement (unless otherwise agreed). Liaising with the utility companies and Council Tax advising them of the change in occupation at the beginning and end of each tenancy. Quarterly interim inspections and a written report detailing any maintenance work required. Co-ordination of repair or maintenance including arranging for tradesmen to attend the property and obtaining estimates where necessary, settling accounts from rents received subject to prior agreement from the Landlord. Arranging the maintenance of gas and electrical safety records in accordance with the current legislation Arranging Contract renewals upon instruction and giving tenant(s) notice to vacate where required. Collecting and forwarding the Landlord s mail. Letting service only A free letting valuation and advising on the rental income and pre-letting preparations required. Marketing the property including the use of To Let boards and Internet exposure through bespokelettings.co.uk, Rightmove, Zoopla and other property websites. Arrange and to accompany prospective tenants on all viewings and providing detailed feedback to clients. On receipt of a tenant(s) application undertaking full referencing which includes a through Credit, Bank, Employer, previous Landlord and Character reference, along with the Right to Rent Immigration checks. Where necessary additional security may be required by means of a Guarantor. In the case of a Company let a full Bank reference would be taken. Call us today on bespokelettings.co.uk Arranging for the preparation of the Tenancy Agreement and corresponding Notice necessary for the Landlord to gain protection of the relevant Rent and Housing Acts. Taking a deposit from the Tenant, dealing with this deposit under the requirements of the Tenancy Deposit Scheme until the end of the tenancy when the property and contents have been checked for unfair wear and tear, handling any termination issues with the Tenant and the Tenancy Deposit Scheme provider. Carrying out a property inspection and Inventory/schedule of condition with photographs checked prior to and at the end of the Tenancy and dealing with matters relating to unfair wear and tear before releasing the Tenant s deposit. Arranging of Energy Performance certificates (EPC), gas and electrical safety records in accordance with the current legislation. Collecting the first month s rent and arranging for the Tenant to sign a standing order in favor of the Landlord for future rental payments. Liaising with the utility companies and the Council Tax advising them of the change in occupation.

3 Health and safety services The letting of residential property has become quite stringent and we would advise you as a Landlord of the following important issues: Gas Safety Under the Gas Safety (Installation and Use) Regulations 1994, amended by Statutory Instrument 1996, and The Regulations Re-enact 1998 all gas appliances must be checked for safety at intervals of not more than 12 months. The certificate issued must note the date of inspection, defects identified, and all remedial work action taken. The main amendment provisions are as follows: (i) Flues must be specifically included in any Gas Check as well as the appliance itself; (ii) The gas safety check is only validated if carried out by a registered Gas Safe gas engineer; (iii) A safety certificate must be issued and records of inspection must be retained for 2 years; (iv) This certificate must be available to a current tenant no more than 28 days from the date of inspection; (v) New tenants must be in possession of this certificate before the due date of occupancy. Since January 1996, gas fires, which are installed in bedrooms, must have an Oxygen Depletion Sensor. Ideally these sensors should be fitted in all rooms. Helpful website: Electrical Safety Under the Electrical Equipment (Safety) Regulations 1994 and The Plugs & Sockets etc (Safety) Regulations 1994 all electrical installations in tenanted properties must be safe. The regulations apply to portable domestic electrical equipment such as: electric heaters, lamps, televisions, radios, vacuum cleaners, irons, toasters, microwaves, refrigerators, kitchen appliances. Built in electrical goods are not covered by the regulations. As with the Gas certificate a qualified electrician should carry out an inspection of the tenanted property prior to the due date of occupancy. The same regulations applied to the availability and distribution of the gas certificate should also be applied to the electrical certificate. Furniture and Furnishings Safety The Furniture and Furnishings Fire Safety Regulations 1998 (amended 1989 & 1993) provide items supplied in the course of tenanted properties to comply with the minimum fire resistance test set out within the regulations. The regulations apply to all upholstered furniture, beds, headboards & mattresses, sofa-beds, futons and other convertibles, nursery furniture. Furniture manufactured before 1950 is exempt as are curtains, carpets & bed linen etc. In practice, items that comply will have a suitable permanent label attached. Furniture manufactured between 1950 and 1983 should be carefully checked. All non-compliant furniture must be removed before the due date of occupancy. Smoke and Carbon Monoxide (England) Regulations 2015 The building Regulations 1991 require that all properties built since 1992 must have mains operated and inter linked smoke alarms fitted on every floor. From 1st October 2015 private sector Landlords are required to have at least one smoke alarm installed on every storey of the property and a Carbon Monoxide alarm in rooms containing a solid fuel burning appliance. Carbon Monoxide alarms are only required in rooms containing a solid fuel burning appliance (i.e rooms containing an open fire, log burning stove etc. However, as gas appliances can emit carbon monoxide, it is recommended for Carbon Monoxide alarms to be installed in rooms with these appliances. On the first day of a new tenancy the Smoke and Carbon Monoxide alarms are to be checked to ensure the alarms are in working order. Failure to comply can lead to a civil penalty of up to 5,000.

4 Water Hygiene Risk Assessment Legislation Domestic water systems in rental properties need to be checked to minimise the chance that the system encourages the growth of harmful organisms, particularly Legionella. There is no legal mandate about how this should be done, as there is with annual gas safety certificates. However, the Health and Safety Executive (HSE) produced a clear code of practice in November Any landlord failing to follow this code would have little defence against any claim or prosecution. As the HSE Code is relatively new there are elements which are open to interpretation. These will be clarified through case law, i.e. when someone is prosecuted. The code does make it clear that landlords need to: Ensure there is a risk assessment which: 1. is completed by a competent person who has experience and qualification 2. to undertake the risk assessment 3. provides a clear record of the assessment & details of the water system 4. provides details of any risks 5. recommends steps required to address the risks If the risk assessment shows work is required, this needs to be addressed. The timescale will depend on the scale of the risk. If the assessment shows there may be an issue, then the water probably needs testing for the presence of Legionella bacteria Review the risk assessment regularly (currently assessed to be every two years) Oil Fired Boiler There is no legal requirement for a Landlord to obtain a landlord safety certificate for oil fired equipment installed within a let property. However, BS 5410: Part 1 requires oil-fired appliances and equipment to be serviced periodically in accordance with the manufacturer s instructions. Given this Landlords should have an annual safety check and boiler service by an OFTEC Registered Engineer Blind and Window Coverings The British Standard Institution published new standards in February 2014 to address certain risks posed to children by internal blinds and corded window coverings. Landlords need to be aware of the regulations and should be looking to buy new blinds for their rental properties that are of a safe design. Although the new standards do not apply to blinds already installed, it is in all landlords interests to replace any old fittings with blinds which meet the new standards. For more details visit: Guidance To ensure that you have a comprehensive understanding of ALL legal requirements and duty of care, please contact your Local Area Office of the Health & Safety/ Environmental Health Department/Department of Trade & Industry or similar bodies who will advise you accordingly. Further guidance for Landlords can be found in the government s How to Let guide for prospective and current Landlords: Ensure the water system is regularly maintained. This includes landlords being responsible for ensuring the system free from lime scale A key issue is whether there are water storage tanks on the property. If so, it is recommended that the tanks are cleaned and treated when the risk assessment is completed, as this is more cost effective. It is good practice to complete this work no less than every two years. It is important to note that letting agents have an obligation to ensure landlords can show their water systems are safe where they manage a property.

5 Additional information Tenancy Deposit Protection From 6th April 2007 all deposits taken by Landlords and Letting Agents must be protected by one of three Government-backed tenancy deposit protection schemes. The schemes provide some protection for Tenants by allowing them to get all or part of their deposit back when they are entitled to it. They also encourage Tenants and Landlords to clearly agree on the condition of the property at the start of the contract, making any disputes easier to resolve at the end of the tenancy. There are two types of tenant deposit protection scheme available for Landlords and Letting Agents: Custodial Schemes where the Tenant pays the deposit to the Landlord or Letting Agent and it is then paid into the scheme for the duration of the tenancy. Insurance-based Schemes where the Tenant pays the deposit to the Landlord or Letting Agent and it is retained by the Landlord/Agent who pays a premium to the insurer. At Bespoke Lettings Ltd we protect our deposits with The Deposit Protection Service (DPS), Custodial Scheme. For more details, visit the Deposit Protection Service. What is an Inventory An Inventory/Schedule of Condition is an essential document that provides a written record that details the fixtures and fittings of a property and their condition as well as the condition of the property itself. This document should be amended, updated and recreated before the beginning of each new tenancy. This document must be carefully checked and signed by the Tenant within 7 working days and referred to when the Tenant moves out of the property. Energy Performance Certificate Since the 1st October 2008 Landlords are legally required to provide prospective Tenants with and Energy Performance Certificate (EPC), prior to a property viewing. From April 1st April 2018 it is a legal requirement that all properties must have a minimum EPC rating of E for new lets and renewals of tenancies. Where a property qualifies for an exemption, this must be registered on the National PRS Exemptions Register. Local authorities can impose penalties of up to 5,000 for breaches. Tenants can also ask permission to carry out energy performance improvements and you cannot unreasonably refuse consent. It is valid for 10 years. Lenders Consent If the property is subject to a mortgage, then the consent of the mortgagee should be obtained (if you do not have a Buy to Let mortgage). Insurance The appropriate buildings, contents and liability insurance should be taken by the Landlord. Bespoke Lettings Ltd would be happy to help with this. Non Resident Landlords All Landlords who have an overseas address including Southern Ireland, are liable to pay overseas tax to the Inland Revenue. Further information can be obtained from H.M Revenue and Customs. Bespoke Lettings Ltd provide a thorough Inventory/ Schedule of Condition for each property, fully supported with photographs (including keys and meter readings) at the start and end of each tenancy by in-house Inventory Clerks. This is to ensure that any disputes are resolved quickly and that the Landlord is protected of any costs that may be incurred from Tenant damage. The most common case for at the end of a Tenancy is the standard of cleanliness, this is where our Inventory/ Schedule of conditions comes in.

6 For more information please refer to the leaflets included in the Landlord Pack bespokelettings.co.uk Bespoke Lettings Ltd Suite 5, 136 Nantwich Road, Crewe, Cheshire CW2 6AX

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