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General Information for Landlords

Unless specifically instructed to the contrary (in writing). The rental charge is normally exclusive of gas, electricity, telephone, water and council tax, but inclusive of the property insurance. Under an ASSURED SHORTHOLD TENANCY AGREEMENT, the rent will remain the same for the fixed period of the term. A rent review can take place once the tenant has been in occupation for 12 months.

Agreements

In all instances the appropriate Tenancy Agreement is issued (Office of Fair Trading Approved). Unless specially instructed to the contrary, in writing we prepare and issue an Assured Shorthold Tenancy Agreement, together with the relevant notices (section 20, section 21, section 48 and schedule 2 ground 2 if applicable). In the case of a company let, the relevant Company Agreement is issued at no extra cost. You can of course instruct an independent solicitor to prepare an Agreement on your behalf, in this instance, whilst accepting your instruction, the company cannot be held responsible or liable for any error or dispute, by omission or otherwise, that may arise out of this Agreement and/or notices.

Deposits

Alternative Property Service takes a deposit equivalent to 1 months rent plus £200 to protect the Landlord against possible non-payment of rent or damage to the property. We then register this with The Dispute Service (TDS) one of the three companies the Government chose to run The Tenancy Deposit Scheme.

This legislation came into effect on 6 April 2007 and is designed to offer protection of deposits and a free arbitration service to landlords and tenant if there is a dispute about the return of the deposit.

Inventory

An Inventory is a key element in the letting process, detailing as it does when properly and accurately prepared, not only the contents of the property but, of equal importance, the descriptive condition of every item including doors, walls, ceilings, lights and so on. It is a word picture of everything about a particular property.

The new legislation ( The Tenancy Deposit Scheme) means that Landlords will not be able to hold on to any of the Tenants deposit even if there are dilapidations to their property where an agreement cannot be reached between the two parties (the tenant and landlord) and there is no inventory in place.

We now instruct a Professional Inventory Clerk who is a member of the Association of Independent Inventory Clerks (AIIC) to undertake inventories/ check in/ check out. The cost to the Landlord is for the original inventory only; Tenant pays for the check in, Landlord pays for check out. The inventory clerk then writes a report and any deductions that need to be taken from the Tenants deposit for dilapidations is agreed by both parties. The inventory is then updated free of charge.

Energy Performance Certificates

An Energy Performance Certificate shows the official energy efficiency rating of a property. The certificate provides you with a rating for the building, showing its energy efficiency and its environmental impact on a scale from A-G (where A is the most efficient and G the least efficient), in graphical format. It also contains recommended ways of to improve the building's energy performance. By 2009, all buildings in the UK that are rented out will have to have an Energy Performance Certificate, in accordance with the European Energy Performance of Buildings Directive.

Furniture Fire Safety

The Furniture and Furnishings (Fire) (Safety) Regulations 1998 (amended 1989 & 1993) imposes fire resistance levels for domestic upholstered furniture, furnishing and other upholstered products present in a residential letting.

The regulations covers all upholstered furniture and furnishings manufactured after 1950 and includes any of the following items: children’s furniture, beds and headboards, futons, sofas, nursery furniture and garden furniture which may also be suitable for use in a home. This includes but is not limited to scatter cushions, seat pads, pillows, loose and stretch fittings, permanent and loose covers. Carpets and curtains are not included.

The regulations do not apply to furniture manufactured before 1950, and re-upholstery of furniture made before that date.

All furniture must carry a permanent fire label in accordance with the regulations.

Given that most furniture manufactured since 1988 will comply with the regulations anyway, it is not as difficult as it may sound. Nevertheless, it is always the landlord(s) responsibility to check furniture, particularly following a change of tenant.

Furniture in respect of all lettings starting after 1st March 1993 should comply. Furniture previously provided for a property let before 1st March 1993 must comply from January 1st 1997, or when a tenancy that started before 1st January 1997 is ended.

Landlords Gas Safety - Landlords - responsibilities

By law you must:
  • Ensure installation pipe work, appliances and flues provided for tenants are maintained in a safe condition
  • Ensure an annual safety check is carried out on each appliance and/or flue that you provide for tenants use
  • Ensure maintenance and annual safety checks are carried out by a gas registered installer
  • Keep a record of each safety check for 2 years
  • Issue a copy of the safety check to each existing tenant within 28 days of check being completed and to any new tenant before they move in
  • Ensure all gas equipment (including any appliance left by a previous tenant) is safe or otherwise removed before re-letting
  • If a managing agent is used to help the landlord in meeting their duties, make sure that the management contract clearly specifies who is to make arrangements for maintenance and safety checks to be carried out and for keeping records. However, the landlord maintains overall responsibility for ensuring duties are met, irrespective of whether a managing agent is employed
  • Ensure that anyone carrying out work on gas appliances/fittings and/or flues provided for tenants use has the required competence and that only gas registered installers are used
  • A leaflet explaining some of the main requirements of landlords, under the Gas Safety (Installation and Use) Regulations 1998, is available from HSE.

Repairs

During the course of the tenancy, you will be responsible under existing legislation, for all repairs to the property and contents, except where caused by tenants’ negligence or misuse. Should any repairs be necessary, as your Managing Agents we will arrange competitive estimates for your approval unless the matter is deemed to be urgent. All out-going’s will be charged and recorded to your rental statement.

Please note: - Under the Rules of The Association Of Residential Letting Agents (ARLA) we are not committed to meet expenditure out of our clients Accounts unless the individual account is in credit.

Keys

You should arrange for keys to be available to your tenant on the day of occupation, usually one set per name on the tenancy. Any special keys i.e. window locks etc should be left on the premises for the tenant’s use during the period of let. If we are - To manage the property on your behalf then we should hold a set of keys to allow easy access for maintenance contractors and emergencies.

Mail

You must advise the post office of your forwarding address so that your mail can be redirected. WE CANNOT ACCEPT RESPONSIBILITY FOR REDIRECTING MAIL OR LIABILITY FOR LOST OR RETURNED POST.

Insurance

(Building & Contents) You should advise your insurance company of your proposed letting at an early stage to ensure that the cover for the property is not prejudiced in any way. Failure to inform your insurance company may result in the company refusing to meet any claims.

Building Society (or mortgage)

If your property is mortgaged, you will require approval from your lender before you enter into a letting agreement. In most cases, consent is given readily. A small administration fee/and or a percentage change to your mortgage rate is usually made by the mortgagee.

Leasehold Properties

It is wise to check your lease does not have a covenant, which forbids letting. You can check this information with your solicitor and/or freeholder if necessary.

Type of Tenant

Our Company will take all reasonable steps to find a suitable tenant for your property. Each prospective tenant will be fully referenced. However, we cannot be held responsible for any disputes/damages/disagreements and non-performance of duties on behalf of all the tenants during the period of the let.

Non Resident Landlords

The Non-resident Landlords Scheme is a scheme for taxing the UK rental income of non-resident landlords.

The scheme requires UK letting agents to deduct Basic Rate tax from any rent they collect for non-resident landlord unless HM Revenue & Customs (HMRC) tell them not to. HMRC will tell an agent not to deduct tax if non-resident landlords have successfully applied for approval to receive rents with no tax deducted. But even though the rent may be paid with no tax deducted, it remains liable to UK tax. So non-resident landlords must include it in any tax return HMRC sends them.

Alternative Property Services can provide the relevant forms so the rent can be paid with no tax deducted. Please ask for further details.

Legal Costs

The Landlord will be responsible for taking any legal action necessary for the rent recovery (unless covered by the rent guarantee policy) or any other matters relating to the tenancy and will be responsible for payment of all fees and costs.

Tenancy Renewals and/or Extensions – Subject to additional fees and normal Terms & Conditions.

Inventory Fees – Individual quotations available on request.

Additional Property Inspections – Individual quotations available on request.

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