Consents to Let
If your property is subject to a mortgage, your mortgage provider must consent to the rental, if you do not, you could be in breach of your mortgage agreement. If your property is leasehold you will need permission from the freeholder. This can usually be obtained from the managing agent of the building.
Right to Rent
Before a tenancy begins, landlords in England and Wales have a legal obligation to ensure that their tenant and any permitted occupants have the right to remain in the UK before a tenancy commences. If this is for a limited time only, follow up checks are also required.
Green deal
Where a Green Deal, or other similar scheme, has been used to improve a property’s energy efficiency, please notify us before marketing begins. The tenant must be shown a copy of the Energy Performance Certificate (EPC) as this will explain what improvements have been made and how much will need to be repaid. The person who pays the electricity bill pays the money back.
Local authority licensing (houses in multiple occupation)
Depending on the type, location and occupancy of your property, a license may be required from your local authority. Every borough operates its own scheme and there are mandatory and discretionary licenses, which may be required.
Housing Act 1996
The Housing Acts of 1988 and 1996 set out the rules that apply to assured and assured shorthold tenancies. These are the type of residential tenancy agreements used by most private landlords and housing associations. Please visit for further information.
http://www.legislation.gov.uk/ukpga/1996/52/contents
Discrimination
Dean & Co have a non-discrimination policy and will therefore not discriminate against any person by virtue of their colour, creed, religion or gender. For further information on the Disability Discrimation Act please visit.
When preparing to let your property, it is useful to know what costs landlords and tenants must pay. In general, the costs for landlords include the tenancy agreement and inventory check in or out. Please note that professional inventory documents are a necessity in the event of any possible future claims against the tenant’s deposit, particularly if you need to rely on adjudication. Additionally, there are the following costs for landlords:
- Lettings management and renewal fees
- Service charges and ground rent
- Building and contents insurance
- Maintenance and repairs of property
- Annual gas and electrical checks- a current gas safety certificate is a legal requirement when letting a property. The certificate lasts for 12 months, so it is advisable to get one done shortly before the tenancy commences. We can organise this to be carried out by an approved contractor. The certificate relates to any gas boiler or appliance in the property.
- Energy Performance Certificates- To comply with current legislation, an energy performance certificate (EPC) is required before selling or letting your home. We can arrange an independent company to provide this for you.
- Deposit Registration- depending on which service you choose.
- Tax- The excess of rental income over allowable expenses is subject to UK income tax.
- Under no circumstances should you conceal property income from HMRC.
- Take steps to mitigate your tax liabilities by seeking professional advice from a reputable firm of accountants who will advise on income tax and capital gains tax issues.
- Retain all invoices for sundry expenses such as ground rents and repairs and ensure that the nature of the work is clearly stipulated. Along with your mortgage interest, you may be able to offset these.
Tax Services for Overseas Landlords
Income from letting UK property is subject to UK income tax. If you live abroad we must retain tax on rents received unless you have been approved by HM Revenue and Customs (HMRC) to receive rent without tax deducted.
In order to receive your rent gross, you must complete the relevant paperwork and submit it to the HMRC before the start of the tenancy. You will then have to submit annual tax returns showing details of your lettings income and expenses.
Visit www.hmrc.gov.uk for more information.
- A detailed inventory and record of damages must be drawn up at the beginning and end of each tenancy period. This may well avert a potential dispute over replacement costs which are allowable if no ‘wear and tear’ allowance is claimed expenses against your rental income to reduce your tax bill.
- Keys - You will need to provide the tenants with the equivalent of one set per tenant residing in the property and a further set of for our branch.
- Appliances - The Landlord should have all appliances, including the central heating system, checked and serviced and should take out, wherever possible maintenance contracts for the period of the tenancy. It is essential that operating manuals for all the appliances are provided for the use of the Tenant. Furthermore, details of any maintenance contracts should be provided to the Tenant (and/or ourselves if we are to manage the property) so that the appropriate manufacturers can be called out if necessary. If the appliances are under warranty then the appropriate guarantee card should be provided to the Tenant, or to ourselves if we are to manage the property.
Photo ID
We will need photo identification to comply with current money laundering regulations, as well as proof of address via an up to date utility bill or bank statement.
Minimum energy efficiency standards for landlords
It is not possible to let a property with an EPC rating below E, and from April 2020 it will not be possible to renew a tenancy in a property where the rating is below E. Improvements are usually possible and we work with a number of specialist companies who can advise further.
Manuals
Make a copy of any manuals or guides for your property and leave a copy for the tenants.
Professional Cleaning
Prior to occupation, all properties should be cleaned to a professional standard. When the property is returned, the tenant is expected to do the same. Any outside space should also be left in seasonal good order.
Sundry Maintenance
Where applicable, any chimneys should be swept and oil fired boilers should be serviced and tanks filled. LPG bottles should be full as well. Please also ensure that every light bulb is working and that everything is in good working order in any associated buildings.
Utility Bills
We will assist the tenant in changing the bills over to their own name, but it is imperative that you speak to your suppliers confirming the new tenant will take over the bills.
Heating and Hot Water
Landlords of properties in a block that hosts a central or shared supply of services such as hot water, or heating must install a meter and provide details to the National Measurements Office if they intend to pass on charges for these services to a tenant.
Redirection of Mail
Arrangements should be made through your local Post Office to re-direct your mail, as we are unable to provide a forwarding service.
- If your property has a gas supply, you will need to provide a valid Landlord’s Gas Safety Record every year.
- To ensure electrical safety, we recommend that a portable appliance test (PAT) is completed every year.
- We recommend a fixed wiring test at 5 yearly intervals.
- You must provide an Energy Performance Certificate for each property you wish to let. An EPC lasts for 10 years.
- All relevant furniture/ furnishings must comply with fire regulations. Separate safety standards deal with internal window blinds and the danger posed by cords and chains to babies and children.
- Smoke detectors should be installed on each floor of the property.
- Carbon monoxide alarms should be installed next to each gas appliance and in any room through which a flue runs.
- You must ensure that risk from exposure to legionella in water systems is properly controlled.