1. PROPERTY VALUATION AND ADVERTISING
(TOP)
When you contact us we will arrange with you
a free, no obligation visit to your property.
We will discuss our services and advise you on
the expected rental you could achieve and any
changes your property may need before letting.
We can also discuss any particular restrictions
that you may wish to impose on incoming tenants.
It is important when setting the rent to set it
at a level that will make the property easy to
let. Therefore, any landlord who insists on a
rent level that is higher than the normal for
that type of property can expect to wait a longer
than normal time to rent the property.
2. PROPERTY REQUIREMENTS
(TOP)
It is important when you vacate your property
that it is thoroughly cleaned and the gardens
tidied to make it attractive to prospective tenants
and to encourage them to keep it in the same condition
during their tenancy.
If you wish to have a tenant keep your property
neat and clean, we suggest you consider the following
points before you vacate the property:
- 1. Have the carpets cleaned, if required.
- 2. Have windows cleaned inside and out.
- 3. Touch up marked paintwork and wash down
walls and woodwork where applicable. Repair
any damage to wallpaper.
- 4. Leave kitchen surfaces clean, especially
the hob and oven if left in the property.
- 5. Wash curtains, if necessary, and leave
hanging properly.
- We would also insist that you make sure that
the property is in good order with regard to
wiring, plumbing, appliances, frost protection
and damp.
As regards the internal decoration and carpets,
these would be assessed during our visit and any
improvements will be suggested.
During the tenancy the garden maintenance is
the responsibility of the tenant. However, with
properties that have particularly large gardens
we recommend that a gardener is employed and that
this extra cost be reflected in the rent. Tenants
may not always have time to maintain large gardens
to the standard that you desire.
If you are not able to arrange cleaners or gardeners
then we are able to provide these through our
maintenance section and you should discuss this
matter with us so that arrangements can be made
for work to be carried out.
When you vacate it is also useful if you can
leave behind any information you think may be
of value to the incoming tenant:
- 1. Refuse collection day.
- 2. Local shops, buses and schools.
- 3. Information about anything in the property
that is a little unusual.
- 4. Manuals and instructions for appliances
(There is now a legal requirement that every
appliance has a manual supplied with it, for
the information of the tenant).
- 5. Label stopcocks.
3. KEYS (TOP)
We require two full sets of keys, (including
window keys and all outbuildings) to the property.
One of these sets is for us and the other for
the tenants.
4. FURNISHED OR UNFURNISHED?
(TOP)
Landlords often ask our advice on whether to
let a property furnished or unfurnished. There
are several reasons why we would generally recommend
that it is more sensible to let unfurnished.
Firstly for any periods that the property is
unoccupied, the owners of furnished properties
receive no exemption on water rates and council
tax, therefore the landlord is liable to pay these
for any period that the property may be empty.
If the property is unfurnished there is normally
6 months grace allowed before the landlord has
any liability for council tax and there is minimal
liability for water rates.
Secondly, if the property is let furnished,
all soft furnishings must come up to guidelines
set out by the furniture and furnishings (Fire)
(Safety) Regulations. A detailed guide to the
regulations can be obtained from the Department
of Trade and Industry and we strongly advise that
you assure yourself that all furniture and furnishings
comply with these regulations.
Furniture purchased before 1950 is exempt to
the Fire Regulations.
Thirdly, any appliances or furniture left within
the property have to be maintained by the landlord.
The landlord is responsible for repairing and
replacing appliances left in the property and
often if these are of poor quality then the continual
cost of maintenance is an unnecessary burden.
What is more, all electrical appliances must
confirm with the Low Voltage Electrical Equipment
Regulations of 1989.
Finally, tenants tend to respect the property
better and treat it as more of a home when they
have their own furniture and belongings in the
property. Also, with the extra burden of removals,
they are less likely to move quickly and consequently
are more likely to be long term tenants.
If you decide to let the property furnished,
then we suggest that you do not leave any items
that are not easily replaceable. Any items of
value left at the property are done so at the
landlord's risk.
If you leave items in outhouses or garages,
these buildings should be lockable. It is unreasonable
to make tenants responsible for items left in
insecure outhouses.
5. MARKETING YOUR PROPERTY
(TOP)
From the date that you confirm that you wish
to let your property, we will advertise it in
the local papers and call tenants from our property
register who may be interested in your particular
property. Your property will also be shown on
our popular website.
Suitable tenants who wish to view will ALWAYS
be accompanied by one of our representatives and
then asked to report to our office if they are
interested. Their references can then be checked.
6. TENANT SELECTION
(TOP)
From our property register and from advertising
we will use our experience to select suitable
tenants for the properties available. Relevant
references will be collected, and often a guarantor
will also be requested. If the tenants live locally
we may also carry out a property inspection of
their address to see the manner in which they
live. In addition, experience has shown that good
interview techniques will eliminate most undesirable
tenants.
At all times we endeavor to select the best tenant
for the property and if there are any doubts at
all then the tenant will not be housed and it
is certainly not the case where the first applicant
to apply will necessarily be the one accepted.
7. TENANCY AGREEMENTS
(TOP)
We find the most secure type of tenancy is the
Assured Shorthold Tenancy as the landlord has
available new mandatory grounds for possession
at the end of a given period, regardless of the
reason for wanting possession. This has substantially
reduced the tenant’s security of tenure
from those previously enjoyed under the 1977 Rent
Acts.
An Assured Shorthold Tenancy has no minimum period
but we recommend that the initial contract be
for the period of six months.
By nature of the contract it is agreed that during
the tenancy period the landlord is not able to
repossess the property except if the tenant has
seriously breached the terms and conditions, but
the landlord can repossess the property at the
end of the contract.
Should the landlord require repossession of
the property at the end of the tenancy period
then it is necessary to serve the tenant at least
2 months notice. The 2 months notice must coincide
with the next payment date for the tenant.
We will advise you when the tenancy is due to
expire and ask if you wish notice to be served.
Once the initial contract has expired the landlord
has the choice of either offering the tenant a
new contract for another set term or he can decide
merely to extend the contract. If the contract
is renewed then the procedure for serving notice
is as above. If the contract is extended indefinitely
then the landlord need only give two months notice
(from the next payment date of the tenant) to
inform the tenant he wishes to have the property
back.
8. COLLECTION OF DEPOSIT
(TOP)
We will, prior to the tenant moving into the
property, collect a deposit from the tenant normally
equal to one month's rent. This deposit will be
held by The Deposit Protection Service for the
duration of the tenancy as a safeguard against
any damage that the tenant may cause or against
any rent that may not have been paid.
9. INVENTORY AND SCHEDULE OF CONDITION
(TOP)
We will, prior to the commencement of any tenancy,
complete a video inventory together with a brief
written summary.
Please note that we will not be able to check
the working of electrical appliances and would
expect the landlord or ingoing tenant to indicate
any problems. Neither will we list stored items
in loft spaces.
This inventory is then used to check the condition
of the property when the tenant vacates. The tenants
are only obliged to leave the property as they
found it, and if there are any decisions over
damage that need to be made when a tenant vacates
we will use the inventory to make these.
10. BUILDINGS AND CONTENTS INSURANCE
(TOP)
You, as the landlord, are responsible for the
buildings insurance during the tenancy. The tenants
are responsible for arranging cover on their own
personal belongings.
If your property is mortgaged you must therefore
consult with your building society or bank to
check of your policies are still valid when the
property is let. If acceptance is given make sure
that you obtain a letter from them to stipulate
the new terms and conditions of your policies
if you continue to use them.
Also, please remember that many insurers insist
on regular inspections at empty properties. Check
your policy NOW to make sure that your cover is
not invalidated whilst your property is left empty.
You may find that your building society or bank
may increase your insurance premiums if your property
is rented.
Alternatively, therefore, we can recommend insurance
through LetsXL. This is a comprehensive policy
specially designed for landlords letting their
residential property unfurnished, part-furnished
or furnished.
The policy is available for buildings and/or contents
cover.
11. LEGAL PROTECTION INSURANCE AND CREDIT
CHECKS (TOP)
We would emphasize to all our landlords that
the majority of our tenancies proceed without
any problems.
However, minor problems with tenants do arise
from time to time and there will always be a slight
risk when letting your property. No matter what
references are taken for a prospective tenant
problems can occur. A perfectly respectable and
financially sound tenant with good references
can soon become a problem if, for instance, they
lose their job or suffer a marriage breakdown.
With this in mind, and the fact that the landlord
is responsible for the legal and court fees involved
in repossessing the property from a bad tenant,
we will, where appropriate, put a rent and legal
costs insurance policy in place at no cost to
the Landlord.
12. DOMESTIC BILLS
(TOP)
WATER RATES - these are paid
by the tenant and we will inform the water authorities
when any new tenants move into the property. When
the property is vacant and unfurnished there is
a small service charge payable but if the property
is vacant and furnished, then water rates are
payable by the landlord.
COUNCIL TAX - liability will
remain the responsibility of the tenants whilst
they occupy the property. When the property is
vacant and unfurnished there is no initial charge
payable for six months, but if the property is
vacant and furnished, council tax is payable by
the landlord immediately, at a discounted rate.
GAS AND ELECTRICITY bills are
transferred to the tenant’s name. If you
have oil heating, do not leave the tank holding
too much oil, as the deposit held may
not be sufficient to refill the tank if the tenant
leaves it empty.
MAIL - we recommend that you
ask the post office to re-direct your mail. We
cannot accept responsibility for mail that you
do not receive. You may apply for the Mail Redirection
Service simply by telephoning Royal Mail.
13. CONSENT OF LENDER
(TOP)
If your property has a mortgage you must obtain
the permission of the lender before any tenancy
commences. They may wish certain clauses to be
put into the contract and will usually contact
our administration section to arrange this. They
may charge you a fee for letting and raise your
interest rate.
If your property is leasehold, make sure that
the lease allows for sub-letting.
14. TAX LIABILITY
(TOP)
Income from rented property is taxable and as
a consequence we advise you to contact your local
tax office prior to letting your home to clarify
your position.
OVERSEAS CLIENTS (not paid
via UK)
Persons living and working overseas, including
member of the forces, are still subject to income
tax on rental income which is treated as unearned
income and charged at the basis rate of tax. Under
the Taxes Management Act the Inland Revenue assess
upon managing agents for overseas clients.
As Agents, we are liable under the Taxes and
Management Act 1970, to retain the tax liability
of the net rental to make provisions for taxation.
Under the new powers contained in the 1995 Finance
Act, the Agent is required to account for basic
rate tax each quarter on the United Kingdom property
income for non-residents. Most non-residents will
be able to apply for approval to receive their
property income with no tax taken off, but if
the agent does not receive this written confirmation
from the Inland Revenue, then tax will be deducted
from each monthly rental payment to the landlord,
as compelled by legislation. For those landlords
who do not obtain any exemption certificate for
tax deduction, all tax that we pay on their behalf
will be accounted for by means of a tax certificate
sent to the landlord at the end of the tax year.
Our recommendation, however, is to use an accountant
as it may be that you or your spouse has unused
personal allowances that may be offset against
income.
It is the responsibility of the landlord to declare
to ourselves if they are, or intend to become
resident abroad at anytime during the term of
the tenancy.
TAX ON LETTINGS
The following expenses may be deducted against
the gross rental:
- Agents fees including VAT
- Mortgage administration fees
- Vacant property tax
- Water rates on vacant properties
- Gardening bills
- Insurance of buildings
- Contents insurance
- Legal insurance
- Repairs to buildings and fittings
- Redecoration
- Accountants fees
- Wear and tear of 10% of net rental
- The full mortgage interest on your property.
- The net amount is then the taxable profit.
Please note that our information is for guidance
only and to make sure that you MINIMISE ANY TAX
PAYMENT WE AGAIN RE-ITERATE THAT YOU SHOULD USE
A QUALIFIED ACCOUNTANT.
15. RENTS AND PAYMENTS PROCEDURE
(TOP)
Rent from the tenant will be due monthly in advance
from the day they move in. However, once the tenant
has moved in we allow a few days grace to enable
them to make their payment by standing order.
We will pass the rental payment on to you, after
deducting our fees and any other disbursements,
normally within seven days. We cannot give an
exact date of payment every month, or guarantee
that you will never receive a late payment, but
we will always endeavor to ensure prompt payment.
16. MAINTENANCE AND REPAIRS
(TOP)
Section 11 to 14 of the Landlord and Tenant Act
1985 impose certain repair obligations upon the
landlord which cannot be contracted out of. Where
the tenancy granted is for a period of 7 years
or less the landlord is responsible for the repair
and maintenance of the following:
- (a) The structure and exterior of the premises
and of any other part of the building in which
the landlord has an interest, including drains,
gutters and external pipes.
- (b) the installations for the supply of water,
gas and electricity and for sanitation including
basins, sinks, baths and sanitary conveniences
but not other fixtures, fittings and appliances
for using water, gas or electricity.
- (c) The installation for space heating and
heating water.
The landlord's responsibility will be waived
where the tenants misuse or negligence can be
proven.
There may be other implied repairing obligations
on a landlord during a tenancy not covered by
the above, which if not carried out could result
in a claim for damages by a tenant. It should
be noted that the courts have generally found
in favour of the tenant where the tenant is no
longer receiving the full benefit offered by the
property as at the commencement of the tenancy.
As agents we will inform you of any maintenance
of a non-urgent nature through our regular inspections
by letter and request the necessary instruction.
Where the work is required urgently and in the
event that delay would cause further expense or
damage or in the case of emergency, we are authorised
to do whatever work may be necessary, the cost
of which the landlord will refund to ourselves.
Before commencing any work as such we will attempt
to contact the landlord and estimate the cost
involved, if requested.
All expenditure will be supported by an invoice
or receipt and will be deducted directly from
the landlord's rent.
It is extremely important for repairs to be carried
out quickly both to safeguard the condition of
your property and not to break your contract with
the tenants. If work is not carried out within
a reasonable period of time this WILL RESULT IN
THE ENVIRONMENTAL HEALTH ISSUING A NOTICE OF DEFAULT
DEMANDING THE WORK IS DONE. This notice is served
on us as agents and regardless of the landlord's
instructions we will have to carry out the work.
Gas Appliances - There have been important developments
in this area in recent times as these appliances
may only be attended to by CORGI registered persons,
hence if you have a friend who has previously
serviced your boiler as a favour, we will need
to see their CORGI certificate BEFORE we could
instruct them to attend to an item. Furthermore
the gas appliances need to be checked every year.
If the landlord fails to provide the agents with
a gas safety certificate at the commencement of
the management period then the agents will carry
out a gas safety check immediately and annually
thereafter.
As general advice regarding the maintenance
of the property, we would request that details
of all service contracts and current guarantees
are given to us at the time of instruction.
17. STATEMENTS
(TOP)
Statements of income and expenditure will be
issued with every bank payment. These will include
a breakdown of the VAT, commission and all repairs
that have been deducted from the rental.
18. PROPERTY INSPECTIONS
(TOP)
Inspections will be carried out 3 - 4 times per
year and notes kept in our files. If we are unhappy
with any inspection we will arrange a re-inspection
shortly after. If we have serious doubts about
the manner in which the tenants are keeping the
property we will contact the landlord to discuss
any relevant action that needs to be taken. Please
note that a routine inspection comprises only
of a brief visit to the property to generally
look out for any serious problems.
General maintenance of a non-urgent nature will
also be pointed out to the landlord after these
routine inspections.
19. FINAL INSPECTIONS AND DILAPIDATION
DEPOSITS (TOP)
In all instances we take a dilapidation deposit
usually equal to a month's rent. This is refundable
at the end of the tenancy subject to the property
being left in good order, fair wear and tear being
accepted.
Any dilapidations identified will be charged,
where possible against the outgoing tenant's deposit.
As agents we have to make judgments upon fair
wear and tear - we have to allow people to live
in homes but not allow for wanton damages to owners
effects. If there are any disputes then AS SUCH
THE AGENT'S DECISION HAS TO BE BINDING UPON THE
LANDLORD AND TENANT. Please note that whilst we
expect to find major dilapidations, there may
be minor dilapidations that are not always evident
on a final inspection.
We must add that we always aim to be fair and
impartial in our decisions. A property cannot
be expected to be in exactly the same condition
at the end of a letting as it was at the commencement
and indeed the internal decoration may need attention
after two or three years of occupation by tenants.
Where a property is to continue to be let and
there is, for example, a cigarette burn in a carpet,
we would generally make a charge for this which
would be passed onto the landlord but not replace
the carpet, bearing in mind that if letting continues
for a further period, extra wear will naturally
occur.
Missing items may be replaced or likewise a
compensation figure, assessed by Renaissance,
will be paid to the landlord.
Please also note that it is not always possible
to charge a tenant for the full replacement cost
of a damaged item as a betterment is not allowed
(i.e. you cannot charge the tenant the full cost
of replacing new for old).
Please note that it is not practical to check
electrical or gas appliances at the final inspection
and therefore any faults in these appliances that
are not detected at the final inspection will
have to be claimed for separately if the tenants
misuse can be proven.
20. LEGAL NOTICES AND TENANT EVICTION
(TOP)
With good tenant selection and management we
find that evicting tenants is a very rare occurrence.
The reasons for eviction generally fall into two
categories:
1. Those tenants who do not move out of the
property when repossession is sought by the landlord
needing the property back. This is normally quite
simply because they have been unable to find alternative
accommodation.
2. Tenants who have breached their contract,
usually by non-payment of rent and have therefore
created the situation where they need to be evicted
simply to prevent further problems.
With reference to example one:
The tenant signs the contract before they move
in agreeing that during the tenancy period the
landlord is not able to repossess the property
except if the tenant has seriously breached the
terms and conditions, but agrees that the landlord
can repossess the property at the end of the contract.
Should the landlord require repossession of the
property at the end of the tenancy period then
it is necessary to serve the tenant at least two
months notice. The two months notice must coincide
with the next payment date for the tenant. Please
note that once the notice has been served, the
tenant can vacate at any time without "residing"
to the end of the notice period.
Once the initial contract has expired the landlord
has the choice of either offering the tenant a
new contract for another set term or he can decide
merely to extend the contract. If the contract
is renewed then the procedure for serving notice
is as above. If the contract is extended indefinitely
then the landlord need only give
two months notice (from the next payment date
of the tenant) to inform the tenant he/she wishes
to have the property back.
With regard to landlord repossessing the property
for his/her own needs, he/she needs to be aware
not only of the time it normally takes but also
the time it could take if the tenant has not moved
out when asked.
The landlord should be aware that a tenant has
the statutory right under the Housing Act Legislation
to remain in the property until a court possession
order is obtained. After the expiration of the
notice, with the new accelerated legal procedure,
it is no longer necessary to go to court to gain
this court order. The solicitor will deal with
the courts in writing and it normally takes about
another 6 - 8 weeks to obtain a court order for
the tenant to vacate the property.
It should be noted that any actions, taken by
the landlord or his/her agent or servants on his
behalf, of harassment or attempting to require
the tenant to leave before a court possession
order is obtained will give rise to a possible
claim for substantial civil damages and injunction
proceedings under the Protection from Eviction
Act.
With reference to the second example:
If the tenant breaches the contract during its
term (for example by not paying rent) then a two
week notice requiring possession, can be served
on the tenant. If the tenant has not vacated at
the expiry of this notice the tenant must then
be taken to court to obtain a court order. It
can take between 2 - 8 weeks to get a hearing
and then the courts will normally order possession
within a further 28 days, only if there are sufficient
grounds.
With the first type of repossession we would
hope that the tenant's deposit may cover your
costs, although this is unlikely in the second
example.
However, it is more likely that any tenant who
is being evicted due to breach of contract will
vacate as soon as they are aware that legal action
may be commenced thus saving the landlord all
of the legal costs.
21. SOLICITORS FEES
(TOP)
As agents we cannot guarantee against any breach
of contract by a tenant during a tenancy and therefore
we cannot be held liable or responsible for any
problems that may arise. It is the tenant who
is liable for any breach of contract and in the
case of any such breach we will await the landlord's
instructions as to what action shall be taken.
We will administer and attend court at no charge
in the case of repossession but the landlord shall
be responsible for solicitor’s fees, VAT
and disbursements in connection with the collection
of any outstanding rental or preparation and/or
service of notice seeking possession and any court
proceedings.
The landlord can appoint his own solicitor in
this respect or request Renaissance to instruct
its own solicitor on the landlord's behalf.
If the tenant causes damage to the property which
is above the retention of the deposit and the
landlord wishes to recoup the cost of these damages,
then the matter would again have to be resolved
by taking legal action.
22. PROPERTY HANDOVER OR RELETTING
(TOP)
When we handover the property to you please note
that we cannot apply for the reconnection of services
on your behalf. You will need to contact them
directly so that they can ask you relevant questions
concerning reconnection.
Please note that neither the tenant nor ourselves
have any legal responsibility to make sure the
phone line is active when the landlord returns.
British Telecom will not deal with managing agents
and therefore we cannot be held responsible for
any reconnection charges that may be necessary.
If you are reletting the property then it may
be that the property may need upgrading cosmetically,
depending on when work was last done. IT IS A
GOOD TIME BETWEEN TENANCIES TO CARRY OUT REFURBISHMENT.
We are able to arrange this for you.
Also between tenancies we are able to provide
a gardener to keep the garden tidy. We can also
arrange for a plumber to drain down your system
for a small charge, if the property is to be empty
during cold weather. This is not done automatically
but on the landlord's request.
However, please note that whilst the property
is empty, the maintenance of security and all
charges relating to the premises are the landlord's
responsibility.
23. SALE OF PROPERTY
(TOP)
If you sell the property during the course of
the tenancy to the tenant or an investment Landlord
introduced by us, then we charge a commission
fee of 1% plus VAT if applicable on the contractual
price upon the exchange of contracts and this
is payable upon completion.
If you intend to market the property whilst the
tenant is living there, it must be remembered
that to sell the property you will need vacant
possession and it is therefore important that
the correct legal notice is served on the tenant
well in advance. You should discuss the situation
with the agent prior to marketing the property.
24. FEES (TOP)
Having detailed everything in our management
service, our fees will be at a rate of 12.5% of
the monthly rental plus VAT at the appropriate
rate.
We aim to provide a professional service to
the landlord and our charges are set to reflect
this.
N.B THE LANDLORD SHOULD NOTE THAT THE ABOVE TERMS
AND CONDITIONS AND MANAGEMENT SERVICES PROVIDED
AND THE LETTING CONDITIONS WILL BE SUBJECT TO
ALTERATION FROM TIME TO TIME AND ARE ALSO SUBJECT
TO ANY STATUTORY CHANGES IN LEGISLATION PURSUANT
TO THE HOUSING ACT 1988 AS AMENDED BY THE HOUSING
ACT 1996 AND THE HOUSING ACT 2004. |