ADVICE FOR LANDLORDS

 

Welcome to Clarke & Crittenden Residential Lettings. We offer two main services for Residential Lettings,

We will inspect your property and give a current market valuation as to the likely rent you will achieve. Once receiving your instructions we will market your property immediately on our web site. Once listed on our website your property will be sent to all our applicants who have registered.

We will accompany all viewings of your property and where possible it is preferable that a set of keys is made available to our office to allow easy access.

All offers will be put to you together with some background information on the applicant. Once an acceptable offer has been received, the applicant will fill out an Application for Residential Dwelling form and we will take up references. We normally request bank, previous landlord and employer references.

We will then draw up an Agreement and advise you on the necessary steps to be taken to ensure the property is ready for the tenancy to commence.

Once the tenancy has commenced, if managing the property, we will continue to be involved on a day to day basis, dealing with any problems the Tenants may encounter.

The Tenancy Agreement must be signed prior to occupation. In most cases the type of tenancy created is an Assured Shorthold Tenancy in accordance with the Housing Act 1988. This applies to all tenancies where the rent is under £25,000 per annum to an individual or individuals for whom the property will be their main or principal home and where the Landlord does not live at the property.

At the expiration of the fixed term of the tenancy a new Assured Shorthold Tenancy should be entered into. This should be done at least one month before the expiration of the tenancy.

If the Landlord requires possession of the property they must serve two months notice of their intention to end the tenancy.

Services
Unless otherwise stated, rent is exclusive of telephone, water, gas, electricity and council tax. The preferred method of payment, although this is subject to negotiation, is by calendar monthly instalments, payable in advance by standing order. If we manage the property on your behalf we will then account to you either monthly, quarterly or other frequency as required.

Deposits
At the commencement of the Tenancy, the Tenant is required to lodge a rent deposit usually equivalent to between four and six weeks rent as security against any damage or loss at the property not reasonably considered to be due to fair wear and tear. At the end of the tenancy the deposit will be returned to the Tenant, less any agreed deductions.

The deposit must be lodged with a Tenancy Deposit Scheme. There are currently three deposit protection schemes,

More information can be found at

Clarke & Crittenden participates in The Deposit Protection Service for Regulated Agents, which provides a dispute resolution service. All tenancies where we hold the security deposit will be included in and benefit from the provisions of the scheme. Further details are available from www.depositprotection.com.

Inventories
Before the Tenant takes possession of the property an inventory of the condition can be undertaken. These are more common with furnished properties but can also be undertaken for unfurnished properties. At the end of the tenancy, the Inventory is checked with the Tenant and any costs for damage or loss agreed will be deducted from the Tenant's deposit. It must be expected that there will be a degree of "wear and tear" which is not covered by the deposit.

In general the cost of the checking in inventory is paid by the Landlord and the cost of the checking out inventory is paid for by the Tenant

Services
It is the Tenants responsibility to write to the companies for electricity, gas, water services and telephone to notify them of the change of user at the commencement and termination of the tenancy. It is the Tenants responsibility to write to the local Council Tax office and notify them of the change of occupier at the commencement and termination of the tenancy.

Telephone
The Landlord should provide a working BT telephone line. The Tenant becomes the subscriber and is responsible for the line rental and all accounts. Whilst the Landlord can arrange to have the line disconnected so that the Tenant can arrange for reconnection we try to avoid this if possible. This can usually be done with a little co-operation. You may find the Tenant's name in the Telephone Directory if you return; unfortunately this cannot be avoided.

TV Licence
Please note that the Tenant is responsible for paying the licence fee in respect of the use of any television set in the property during the tenancy.

Insurance
You are strongly advised to ensure that Buildings Insurance, Contents Insurance (where necessary) and Tenant’s Liability Insurance covering injury to the Tenant is taken out. Insurance companies may void claims made against properties that have been let without their approval.

Some insurers may require an increased premium for let properties and may increase or withdraw cover if properties are vacant and unsupervised for more than 21 - 30 days (this varies with different insurers)

LANDLORD STATUTORY OBLIGATIONS

The responsibility for compliance with the following regulations is the personal obligation of the Landlord. Failure to comply with safety legislation is a criminal offence and can lead to prosecution, fines or imprisonment or both.

The Furniture and Furnishings (Fire) (Safety) Regulations 1988

The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993

All upholstered furniture, permanent or loose fittings, soft furnishings, beds, mattresses, pillows and cushions supplied to a property and forming part of a letting must comply with these Regulations. It is illegal to let a property with furniture which does not comply.

Carpets and curtains are not covered by the Regulations. Period and antique furniture manufactured before 1950 are exempt. New furniture manufactured since 1 March 1989 and sold by a retailer after 1 March 1990 was required to comply and carry labels to this effect. Where there are no labels, contact the manufacturer or retailer for confirmation. If in doubt the items should be replaced.

The Gas Safety (Installation and Use) Regulations 1998

Landlords are responsible for ensuring that appliances and pipe work in tenanted premises are maintained in good order and in a safe condition so as to prevent risk or injury to any person.

The Regulations require that the appliances and pipe work are checked for safety by a Gas Safe Registered Engineer prior to the commencement of a tenancy and every 12 months thereafter. A record of the safety check must be supplied to the Tenant and a copy kept by the Landlord and/or his Managing Agent. We can arrange this from our approved contractors.

Energy Performance Certificates

Energy Performance Certificates (EPCs) are required when any building is sold, rented out or constructed. EPCs give information on a building's energy efficiency in a sliding scale from 'A' (very efficient) to 'G' (least efficient).

Private residential landlords are legally required to provide an Energy Performance Certificate (EPC) when renting out a home to new tenants. An EPC gives information about a property's energy efficiency. It remains valid for ten years and can be used for all new tenants in that period.

The Electrical Equipment (Safety) Regulations 1994

Landlords must ensure that ALL electrical appliances and the electrical supply is 'safe' and will not cause 'danger'. From 1st January 1997, all new electrical appliances must carry a 'CE' mark and instruction booklets or clear working instructions must be provided. Newly installed plugs and sockets must also comply with regulations.

Confirmation that inspections have been regularly undertaken could be requested, although no specific time-scale is given, nor is there any requirement for inspections to be made by members of specific bodies, other than the person be competent.

We recommend that an inspection is undertaken prior to the commencement of a tenancy and at regular intervals thereafter.

Part P Building Regulations (Electrical Safety in Dwellings)

From 1 January 2005 any works, repairs or maintenance undertaken on domestic electrical installations in certain areas of a property must be carried out by a competent person registered with an organisation providing an approved self-certification scheme. Wherever possible when instructing contractors on a Landlord's behalf to carry out applicable electrical repairs and maintenance at a property, Clarke & Crittenden will only instruct such competent approved contractors.

The Building Regulations 1991 Smoke Alarms

All properties built since June 1992 must be fitted with mains-operated interlinked smoke detectors / alarms on each floor. Whilst properties built before that date are not included under the statutory requirement, we strongly recommend that all properties to be let are fitted with smoke alarms and these are regularly serviced.

Consents
Before entering into any agreement to let your property you must check whether there are any restrictions to your doing so and whether consent needs to be obtained from:

Superior Landlord/Freeholder
If you hold the property on a Lease you must ensure that your Lease permits you to let the premises and that you are granted consent to do so. You must also ensure that the letting is for a period expiring prior to the termination of your own Lease.

Mortgage Provider
If the property is subject to a bank loan or mortgage, permission will be required from the lender before the property can be let.

Insurers
Insurance policies require you to notify them if the property is to be let. Failure to do so may void the policy.

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Please contact Ian Crittenden or Jean Clark on 01843 221777 or ian@clarkecrittenden.com / jean@clarkecrittenden.com to discuss your requirements without obligation.