Landlord Guides

Gardens should be left neat, tidy and rubbish free, with any lawns cut. Tenants are required to maintain the gardens to a reasonable standard. However, few Tenants are experienced gardeners, and if you value your garden, or if it is particularly large, we can arrange visits by our regular gardener.

Gardens

Electrical, gas, plumbing, waste, central heating, and hot water systems must be safe, sound and in good working order. Repairs and maintenance are at the Landlords responsibility unless misuse can be established. Interior decorations should be in good condition and preferably plain, light and neutral.

General Condition

Your property can be let fully/part furnished, or unfurnished. Which of these is appropriate will depend on the type of property and local market conditions. We would be pleased to offer any advice regarding furnishing options. As a minimum, you will need to provide decent quality carpets, curtains, and light fittings.

Remember that there will be wear and tear on the property and any items provided.

Copy of Rental Reform - Aqua Lettings (2).png

Furnishings

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.

All cupboards and shelf space should be left clear for the Tenant’s own use.

Personal Items

You should provide one set of keys for each Tenant. If we shall be managing the property, we will arrange to have duplicates cut as required. Set of keys kept in office too

Keys

It is helpful if you leave information for the Tenant, e.g. on operating the central heating and hot water system, washing machine and alarm system, and the day refuse is collected etc.

Information for the Tenants

We believe that a good relationship with Tenants is the key to a smooth-running tenancy. As Property Managers this relationship is our job, but it is important that the Tenants should feel comfortable in their home, and that they are receiving value for their money.

A well-presented and maintained property will encourage Tenants to treat it with care and respect, whilst also achieving a higher rental figure.

Preparing the Property

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 is compliant with current legislation. We provide summarised information below. If you require further advice or assistance with any matter, please do not hesitate to contact us.

Other Considerations

The following requirements are the responsibility of the owner (Landlord). When we manage a property, we are also responsible so will ensure compliance, any costs of which will be the responsibility of the landlord.

Health, Safety & Legal

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 resides outside the UK during a tenancy, they will require an exemption certificate from the Revenue & Customs before they can receive rental balances without deduction of tax. Where we are managing the property, we will provide advice and assistance on applying for such an exemption.

Overseas Landlords & Income Tax

Tenancy Deposit Protection

All deposits taken by landlords and letting agents under Assured Shorthold Tenancies (ASTs) in England and Wales, Scotland, and Northern Ireland 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 schemes: a single custodial or two insurance-based schemes. More information on request.

If your property is mortgaged, you should obtain your mortgagee’s written consent to the letting or have a specialist ‘Buy-To-Let’ mortgage.

Mortgage

If you are a leaseholder, you should check the terms of your lease, and obtain any necessary written consent before letting.

Leaseholds

The Inventory

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. To provide a complete Service, we will if required arrange for a member of staff to prepare an inventory and schedule of condition, at the cost quoted in our Agency Agreement.

You should ensure that you are suitably covered for letting under both your buildings and, if necessary, contents insurance. Failure to inform your insurers will invalidate your policies. We can provide information on Landlords Legal Protection, Rent Guarantee Cover and Landlords Contents and Buildings Insurance if required.

Insurance

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 to your credit.

Bills and Regular Outgoings

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 providing two months written notice is given to the tenant.

What is an Assured Shorthold Tenancy?

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 we will handled for you, however, British Telecom will require instructions directly from both the Landlord and the Tenant.

Council Tax & Utility Accounts

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 always be maintained in a safe condition, records kept for at least 2 years, and a copy of the safety certificate given to each new tenant before their tenancy commences.

Gas

The 18th edition of the Wiring Regulations states all landlords of privately rented accommodation must ensure all electrical installations are checked by a qualified and certified electrician every 5 years. A copy of the inspection report should be supplied to the tenant before occupancy and upon request. The only safe way to ensure safety, is to arrange such an inspection and certificate.

Electrical

Fire

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) states specified items supplied while letting the 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.

Smoke Alarms

During any period beginning on or after 1st October 2015 while the premises are occupied under a tenancy (or license) the landlord must ensure that a smoke alarm is equipped on each storey of the premises. Individual flats located on one floor will have at least one alarm within the property itself or alternatively outside the flat on the same floor of the building, i.e. a communal alarm. Likewise, for flats comprising more than one storey, there will need to be a smoke alarm on each floor. It is paramount that smoke alarms are tested on occupancy and that the tenant is informed that it is their responsibility to test them on a monthly basis throughout the tenancy.

If your property is on 3 or more levels and 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.

Is Your Property a House in Multiple Occupation (HMO)?

The HHSRS is enforced by local authorities to ensure Landlords provide a safe and healthy environment. The HHSRS analyses how hazardous a property is against 29 potential hazards typically found in housing.

The Housing Health and Safety Rating System (HHSRS)

EPCs are required for all tenanted property in England & Wales, Scotland, and Northern Ireland. Landlords offering property for rent are required by law to provide prospective tenants with an Energy Performance Certificate 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.

Energy Performance Certificates (EPC)

The DDA addresses the limitations of current legislation by extending disabled people’s rights in respect of premises that are let or to be let, and commonhold premises. Landlords and managers of let premises will be required to make reasonable adjustments for disabled people.

The Disability Discrimination Act 2005 (DDA)

Right to Rent

The Immigration Act 2014 introduced the concept of ‘right to rent’ to the private rented sector. This requires landlords and agents to check the immigration status of their prospective tenants at the outset of the tenancy. Landlords must not authorise an adult to occupy a property as their only or main home, unless they can establish the adult has a right to reside in the UK. This means landlords are now required to check the identification of everyone who is over 18 and expected to occupy the property. We can advise and check tenants’ immigration statuses via an online system.

If you are a letting agent or landlord, you will have a responsibility under health and safety law to carry out risk assessments on your rental properties for Legionnaire’s disease, and if necessary, take action. We can arrange this for you. (Link to details)

Legionnaire's Disease