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You should notify your lender if you have mortgaged the property that you wish to let. It is typically one of the conditions of your mortgage that you apply for permission to let the property. We also recommend that your building and contents insurers are advised of your plans as they may need to alter the policies to cover a third party residing at the property. (We can assist in recommending specialist insurance companies dealing with insurances for rented properties).

You may need the head Leaseholder’s or Freeholder’s permission to create a Tenancy. We advise Landlords check with the Freeholder that there are no restrictions or covenants which prevents you from letting the property. Your tenant should be provided with a copy of the Head Lease.

Mandatory House in Multiple Occupation. A House of Multiple Occupation (HMO) license is typically required when the tenancy is for five or more Tenants in two or more households. 

Additional HMO Licensing – An additional license is required by some Local Authority’s when there are three or more tenants from two or more households.

Selective Licensing. A Selective License is required by some boroughs, before you let a property. This is regardless of the number of bedrooms or tenants in the property. 

Any contract granting possession for a period of less than six months is a short term let and is outside the Housing Act 1988 (revised 1996).

The Landlord should check with the planning department of the local authority responsible for rented property regarding the policy for short term lets.

It is normal that Landlords pay for electricity, gas and water bills and the council tax during the Tenant’s stay in return for a rent at premium to the market.

Permissions from the Freeholder, mortgage provider and insurers should also be sought before entering into a short term contract.

Stamp duty land tax is payable on Tenancy Agreements by the tenant where the value of the Tenancy is over £125,000.

Resident outside the UK – Under the Taxes Management Act 1970 Section 78 and 83 Where the Landlord resides abroad (outside England or Wales) and is not registered for ‘Self -assessment’ then tax will be deducted and forwarded to Her Majesty’s Revenue and Customs unless the agency has authority from Her Majesty’s Revenue and Customs to pay monies direct to the Landlord without deduction of tax. The Landlord must seek to register for “self assessed” for rental if living abroad and becoming a non-resident Landlord

If you have employed us as your Managing Agents the only service that we are not able to transfer for you is the telephone line and satellite TV contracts because the providers will only deal with the subscriber.

Prospective Tenants must have the opportunity to see a valid Energy Performance Certificate prior to agreeing and signing a new Tenancy.

The Energy Performance Certificate will be valid for 10 years.

Houses of Multiple Occupation with shared kitchens and bathroom facilities will require an Energy Performance Certificate for the whole building. Where rooms or studios have individual facilities an Energy Performance Certificate will be required for each individual dwelling.

Landlords have the responsibility for the safety of both the Tenant and their own property during the Tenancy.

The following regulations must be adhered to without fail by the Landlord and as Agents we must ensure that they are carried out.

The original regulations introduced in 1988 ensured that all manufacturers, importers, suppliers and upholsterers of soft furnishings and furniture only supply items that use fire-retardant filling materials and fabrics. In addition, all furnishings sold or supplied must carry a permanent label. The amendments in 1993 included furniture supplied in rented accommodation. The regulations apply to the following items: beds, mattresses, sofas, armchairs, nursery furniture, cushions, seat pads, pillows and loose and stretch covers for furniture. Items of furniture made prior to 1950 are termed as antiques and as such are excluded from the regulations.

It is a legal requirement that Landlords must have all gas pipe work, equipment and appliances safety checked annually by a CORGI registered gas engineer on an annual basis. This includes such items as Gas Fires, Central Heating boilers, Gas cookers and other gas appliances. It also insists that flues and chimneys are clear of obstructions and in the correct place.

A Landlord’s Gas Safety Record must be provided to the Tenants prior to the tenancy commencement.

Landlords must ensure that a working smoke alarm is fitted on every floor of their property where there is a room used wholly or partly as living accommodation.

Landlords must install a carbon monoxide alarm in all rooms that are used as living accommodation which contain a fixed combustion appliance such as a gas boilers but excluding any room where there is only a gas cooker.

Landlords must be able to demonstrate that alarms were working at the start of a tenancy and it is advisable to ask the tenant to sign a receipt confirming the smoke and carbon monoxide alarms are working or ensure that they form part of the check in and inventory.

The Electrical Safety Standards in the Private Rented Sector (England) Regulations compels landlords to ensure every fixed electrical installation is inspected and tested at least every five years by a qualified person. The Regulations also state that a landlord is required to obtain a report of the results of the inspection and test and supply it to each tenant within 28 days and retain a copy until the next inspection is due.

Upon request, the report must be provided to the local housing authority within 7 days. A copy of the report must be supplied to a new tenant before occupation, or any prospective tenant within 28 days of a request from the prospective tenant.

The regulations will be enforced by the local housing authorities and they have the power to arrange a remedial action. Proven breaches of the Regulations can result in the local housing authority to impose a financial penalty of up to £30,000 on the landlord.

At the moment, there is no legal requirement for any landlord to produce certificates which prove that electrical checks have been completed, or that checks have been done to ensure the safety of tenants. The only way to avoid any sort of liability is to be sure that your electrical appliances are in perfect working order by purchasing new appliances for each tenancy, or take the more sensible option of having them professionally checked and certified to verify their safety.

This professional test is called PAT, or Portable Appliance Testing. If it’s got a plug, you can carry out a PAT on it. Fridges, washing machines, lamps, televisions, toasters – all of these are perfect candidates for a PAT. Testing is not very expensive, and infinitely more affordable than the costlier alternative of replacing all electrical appliances at the end of each tenancy.

There’s no guidance on how often you need to carry out a PAT on items in a tenanted property. The only guidance in existence applies to hotels, schools, and construction industries, where the general rule of thumb seems to be that once per year is the norm, but depending on the type of product, some items require testing only once every four years.

There is a legal duty for landlords to assess and control the risk of exposure to legionella bacteria, but Health and Safety law does not require landlords to produce or obtain, nor does HSE recognise, a ‘Legionnaires testing certificate’.