Do I need permission before I rent out my home?
If your property is mortgaged, you must obtain written consent of the mortgagor before letting. We strongly recommend that you do this as far in advance of the letting as possible; most mortgagors are quite willing to give consent, but may place certain restrictions on the length and type of the tenancy permitted.
Will I need an Energy Performance Certificate for my property?
Yes. New regulations concerning rental properties came into force from the 1st Oct 2008.
Any properties vacant and being marketed with a view to letting are required to have an EPC available to show to prospective tenants at the viewing stage.
How long should I let the property for?
Assured short hold tenancies usually run for either six or twelve months with an option to extend at the expiration of these periods
Do I need insurance?
Your property and contents should be comprehensively insured. You should inform your insurers of your intention to let the property as failure to do so may mean the rejection of any future claim
What is the tenant responsible for paying for at the property?
Council tax & Utilities
Council tax and utilities are the responsibility of the occupier. During vacant periods the charge reverts to the owner. As we understand it when unoccupied but furnished, the charge is 50% of the normal rate. When unoccupied and ‘substantially’ unfurnished, there is no charge for the first six months, and thereafter a charge of 50% of the normal rate.
It is the tenant’s responsibility to take meter readings and communicate them to the relevant utility companies and to pay the utilities companies direct. Please make sure to provide us with the details of your current utilities suppliers so that we can facilitate the smooth transfer of utilities
What do I need to know about safety regulations?
Gas
Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed, and thereafter at least every 12 months by a competent engineer (e.g. a CORGI registered gas installer).
Maintenance:
There is a duty to ensure that all gas appliances, flues and associated pipe work are maintained in a safe condition at all times. Records: Full records must be kept for at least 2 years of the inspections of each appliance and flue, of any defects found and of any remedial action taken. Copies to tenants: A copy of the safety certificate issued by the engineer must be given to each new tenant before their tenancy commences, or to each existing tenant within 28 days of the check being carried out.
As it is a legal requirement for all properties that have gas to have a valid gas safety certificate and for the tenants to receive a copy upon taking possession of the property, and for example we will not be able to proceed with letting a property in Coventry unless we have a valid gas safety certificate.
Electricity
Landlords have a duty to ensure that electrical equipment is safe. There are several regulations relating to electrical installations, equipment and appliance safety, and these affect landlords and their agents in that they are ‘supplying in the course of business’. They include the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations 1994, the 2005 Building Regulation – ‘Part P, and British Standard BS1363 relating to plugs and sockets. Although with tenanted property there is currently no specific legal requirement for a qualified electrician to carry out an inspection and issue a safety certificate (as exists in the case of gas appliances), it is now widely accepted in the letting industry that the only definite way to ensure safety, and to avoid the risk of being accused of neglecting your ‘duty of care’, or even of manslaughter is to arrange such an inspection and certificate.
In addition we recommend the installation of smoke detectors and the provision of fire blankets etc.
Furnishings
You are required by law to ensure that furniture left at the property complies with current fire safety regulations. With very limited exceptions, soft furnishings in let property must comply with current fire safety standards and carry identification labels to that effect. In practice this means that any soft furnishings purchased before 1990 will probably require removal or replacement.
General Product Safety
The General Product Safety Regulations 1994 specify that any product supplied in the course of a commercial activity must be safe. In the case of letting, this would include both the structure of the building and its contents. Recommended action is to check for obvious danger signs – leaning walls, broken glass, sharp edges etc., and also to leave operating manuals or other written instructions about high risk items, such as hot surfaces, electric lawnmowers, etc. for the tenant.
Additional regulations will come into force subsequent to the Housing 2004 Act, namely the Housing Health & Safety Rating System (HHSRS) which will be used to assess conditions in all private properties including those that are owner occupied. Properties will be assessed against 29 potential hazards which the local authority will be responsible for assessment. Further information on this can be found on this government website www.communities.gov.uk
General condition
Electrical, gas, plumbing, waste, central heating and hot water systems must be safe, sound and in good working order.
Belvoir Lettings Agency in Coventry offers a range of services for buy to let landlords and so if you have any unanswered questions, then please call us on 02476 45 85 85 for free advice.
