Landlord Guide

Insurance

You will need to ensure that you are suitably covered for letting for both your buildings and contents insurance. Failure to inform your insurers may invalidate your insurance policy. We can assist you with and advice, please ask for more information.

Mortgage

If your property is mortgaged, you should obtain your mortgage lenders written consent to let. They may require additional clauses to be added to the tenancy agreement. Please advise us as soon as possible if any amendments or additions are required.

Income Tax

When the landlord’s residents are in the UK, it is entirely their responsibility to inform HM Revenue and Customs of any rental income received and to pay any tax due. However, where the landlord resides outside the UK during a tenancy, under rules effective from 6th April 1996, unless an exemption certificate is held, e 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 rents received. An application form for exemption from such deductions is available. We can assist with this, please ask for additional information.

Inventory

It is most important that an inventory of contents and a schedule of condition be prepared prior to the commencement of every tenancy as this avoids misunderstandings or disputes at the end of the tenancy. Without such safeguards, it will be impossible for you, the landlord, to prove any loss, damage, or significant deterioration of the property or its contents. In order to provide the best service to our landlords, we can offer an inventory with any of our service levels. An inventory is included as part of our Full Management service, however can be arranged at an additional cost with both our Tenant Find and Rent Collection Services also. Please ask for more details and costs.

Furniture and Furnishings

Regulations about fire resistant furniture are strict for rental accommodation and you must ensure all relevant items meet the guidelines set under the Furniture and Furnishings (Fire) (Safety) Amendment Regulations 1993. As a general guide, furniture made before 1988 is unlikely to meet the standards and should be replaced before letting your property.

Any items that contain upholstery and could be used inside the property, should be checked, including:

• Beds, headboards, mattresses, futons and sofa beds
• Children's or nursery furniture
• Garden furniture that might be used within the property
• Cushions, pillows

Items that are exempt from this legislation include:

• Sleeping bags, duvets, pillow cases and blankets
• Carpets and curtains
• Furniture made before 1950

To check items for the fire safety standards, look for a permanent label stating the regulation it conforms to. Bed bases and mattresses are not required to have this label attached, but they should have a label stating compliance with ignitability tests.

If you're in any doubt that a bed or sofa, for example, may not meet the required standard, remove or replace them. It is better to be safe than sorry!

The Gas Safety (Installations and use) Regulations 1994

The main risk of not servicing or maintaining gas equipment is a serious gas explosion or carbon monoxide poisoning. Landlords are required by law to service all gas-related equipment (including flues) at least once every 12 months. This must be carried out BEFORE a tenant takes occupation, and thereafter yearly. A copy of the certificate should be kept at the property at all times and a copy should be provided to us for our records. You must provide tenants with an annual gas safety certificate. If you do not provide your tenant with an annual gas safety certificate, you are breaking the law.

Landlords are also responsible for providing tenants with instructions for the safe use of gas appliances and equipment.

What used to be called a CORGI gas safety certificate has been replaced with what is now known a Gas Safe. Instead of being run by CORGI, the Government set up its own system of registration for gas engineers. If you are a landlord, any gas appliances such as boilers and heaters within your property must be inspected and have a certificate produced by a registered engineer and any work done to make it safe to set standards laid down by Gas Safe. This report must be given to your tenants within 28 days of being completed.

The Electrical Equipment (Safety) Regulations 1994

This regulation requires that all electrical appliances equipment and supply must be safe. Where their safe use requires, appropriate instruction booklets must also be provided. Plugs and sockets that are newly installed must conform to the appropriate British Standards approve alternative. A valid and current Electrical Inspection Condition Report (EICR) must be carried out for all properties. Portable Appliance Testing (PAT) must also be carried out on all electrical equipment.

Wiring that is more than 15 years old should be inspected on an annual basis. Wiring that is more recent can be left for longer periods if there are no indications of any problems. An electrician's report is likely to recommend a re-inspection in between two and 10 years, although it is sensible to have these checks more frequently. If you are planning on providing electrical equipment to your tenants, you should ensure that all items are regularly tested for safety and labelled accordingly. Get an electrician to make the necessary checks before each let and then periodically after that. Keep all electrical testing reports for your own records.

Legionnaires’ Disease

Landlords of residential accommodation have responsibilities for combating Legionnaires’ Disease. Health and safety legislation requires that landlords carry out risk assessments for the Legionella bacteria which cause Legionnaires’ Disease and thereafter maintain control measures to minimise the risk. Most rented premises will be low risk but it is important that a risk assessment be carried out.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

This regulation requires landlords to have at least one smoke alarm installed on every storey of the premises and a carbon monoxide alarm in any room containing a solid fuel burning appliance (eg a coal fire, wood burning stove). After that, the landlord must make sure the alarms are in working order at the start of each new tenancy.

The requirements will be enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.

Any smoke alarms installed or modified after 3rd September 2007 must be mains powered, including replacement alarms.

Discrimination

As a landlord, it's important you are aware of your rights and the rights of those with disabilities when it comes to letting your property. According to the Disability Discrimination Act 1995, it is an offence to discriminate against individuals with a disability in the selling or letting of a property. The act defines the term 'disability' as 'a physical or mental impairment which has a substantial or long term effect on a person's ability to carry out normal day-to-day activities'. Some examples of discrimination include:

• Refusing to let or sell a property to a person because they carry a disability
• Imposing higher rental or deposit charges
• Offering less favourable terms of tenancy
• Evicting a person because of their disability

Although landlords are not obliged to alter a property to accommodate a person with a disability, they must not prevent a tenant with a disability altering the property to improve its access.

The Tenancy Deposit Scheme

It is common practice to request a deposit from the tenant prior to them moving in to protect you from damage caused by the tenant beyond normal wear and tear, or in case the tenant leaves without paying the rent. It is usually equivalent to one month's rent and is taken along with the first month's rent in advance.

From 6 April 2007, new legislation was introduced to help tenants and landlords avoid and resolve disputes relating to the return and use of a tenant's deposit. Under the legislation, if landlords fail to protect the tenant's deposit, they may have to pay the tenant three times the value of the deposit.