Landlords FAQ
Thank you for taking the time to have a look at our FAQ. Below we have compiled the most common questions and answers for landlords. If you have any questions or would like more information about anything you see please get in touch with the team or email us at rentals@alancooke.co.uk
Do I need permission before I rent out my home?
If the property is subject to a mortgage, consent is normally required from the lender. Also if you are not the freehold owner of the property, permission is usually
required from the freeholder. You should deal with this before instructing us to let your property.
How long should I let for?
All our tenancies are Assured Shorthold tenancies lasting for at least six months.
Do I need to furnish the property?
You must ensure that any soft furnishings you supply comply with current fire safety regulations. The general standard for furnished property is:
- White Goods: Cooker, Microwave, Fridge/Freezer, Washing machine Furniture: Bed(s) and Wardrobes. Chairs and Sofa. Dining Room/Kitchen table and chairs.
- Accessories: Utensils, Kettle, Toaster, Mattresses, Hoover etc
- Windows: Blinds or Curtains
It is not advisable to leave effects which may be expensive or have sentimental value.
What about furniture and furnishing safety?
The Furniture and Furnishings Fire Safety Regulations 1988 (as amended 1993) requires that all furniture in rented properties must meet the standard. Of particular
concern is foam filled or upholstered furniture manufactured between 1950 and 1988. Furniture manufactured before 1950 is exempt and may remain in the property but
any other soft furnishings; bedding etc left on the premises should be appropriately labelled.
What about gas safety?
The Gas Safety - Installation & Use Regulations 1994 (as amended) require landlords to ensure that all gas appliances or installation pipe work are maintained in a
safe condition and that they are inspected annually by an approved contractor. There are requirements for keeping records and issuing certificates to tenants.
All tenants must receive the gas safety inspection certificate before the start of a tenancy. This is required in addition to any servicing arrangement which you ay make. We can arrange for the gas safety inspection certificate on your behalf. For more information please speak to one of the team.
What about electricity safety?
Landlords have a duty to ensure that electrical equipment is safe. There are several pieces of legislation affecting the safety of electrical equipment, including the
Low Voltage Electrical Equipment Regulations 1989, the Electrical Equipment (Safety) Regulations 1994, the General Product Safety Regulations 1994 and the Plugs and
Sockets (Safety Regulations) 1994.
Landlords of HMOs [House of Multiple Occupation] must obtain an annual electrical safety certificate. We can obtain this for you on your behalf if you wish. A copy of the certificate must be received by ourselves prior to any Tenancy Commencing.
In addition we recommend the installation of smoke detectors and the provision of fire blankets etc.
Product Safety Regulations
These regulations outline the Landlords responsibility to show due care and attention pertaining to general safety of tenants in their property. For example, the
landlord should supply instruction manuals to items used in property, (e.g. boilers, cookers, vacuums, white goods). In addition, information sheet(s) covering any
issues about potential hazards in the property should be supplied, (e.g. garbage disposal, hot surfaces on induction cookers).
Are there any other safety issues?
Landlords have a duty to ensure that the premises, fixtures, fittings and appliances are safe. We recommend that appliances which burn fossil fuel such as
gas, coal or oil should also be serviced regularly.
What happens with tenant deposits?
New laws were brought in 2007 to assist tenants in the return of their deposits from unscrupulous landlords.
The law applies to Assured Shorthold Tenancies (ASTs) created on or after 6th April 2007 in England and Wales (currently, there is no requirement to protect deposits for tenancies in Scotland).
If the tenancy started on or after 6 April 2007, the Tenant's deposit must be protected in one of the government-approved schemes.
If a deposit is not protected, the Landlords will be breaking the law. S/he will be unable to regain possession of the property using notice-only grounds for possession under Section 21 of the Housing Act 1988.
The Tenant can apply for a court order requiring the deposit to be protected, or for the Prescribed information to be given to them. If the court finds that the Landlord has failed to comply with these requirements, or that the deposit is not being held in accordance with an authorised scheme, the court must either:
Order the landlord to repay the deposit within 14 days of the issuing of the court order, or
Order the landlord to pay the deposit into the designated account held by the custodial scheme administrator.
The court must also order the Landlord to pay to the Tenant (or person who paid the deposit on his/her behalf) an amount equivalent to three times the deposit amount within 14 days of the making of the order.
How does this work?
The deposit is paid by the Tenant to ourselves as agent for the Landlord. We retain the deposit in a protected client deposit account and register the deposit under
the government approved Tenancy Deposit Scheme. The scheme will provide a Deposit Protection Certificate which is given to the Tenant to check and sign within 10 days
of receiving the deposit.
At the end of the tenancy period, the property will be inspected for any loss or damage and we will agree with the Tenant how much of the deposit will be returned to the tenant.
Within 10 days of agreeing a figure, or within 10 days of the tenant requesting payment of the deposit, the landlord (or their agent) must return the agreed amount to the tenant.
The landlord then notifies the scheme to unprotect the deposit and notify the tenant.
If there is a dispute, the Tenancy Deposit Scheme will provide arbitration in the form of Alternative Dispute Resolution.
Who is responsible for repairs?
The Landlord and Tenant Act 1985 section 11 (as amended by section 116 of the Housing Act 1988) requires the landlord to keep in repair the structure and exterior of
the property together with installations for supply of water, gas, electricity and sanitation, and to keep in proper working order installations for space and water
heating.
Our rapid maintenance response team are on hand 7 days a week 365 days a year and can be relied upon to provide timely and cost effective remedial works as required
Do I need to insure the building and contents?
Landlords are normally responsible for insuring the property and we would recommend landlords also insure their contents. We can arrange a policy specifically designed
for rented properties.
How long does it take to find a suitable tenant?
According to market demand and the desirability of your property, it can be anything from between a few hours to several weeks. At Alan Cooke we are able to maximise
the speed of letting due to our computerised systems that match properties to potential tenants and inform them by email and text/SMS. We also undertake all the usual
marketing in newspapers and on the web.
How do I vet a potential tenant?
We will do this for you, by undertaking credit and fraud checks together with obtaining references from an employer or previous Landlord.
What is an assured shorthold tenancy?
An Assured Shorthold Tenancy offers the landlord a guaranteed right to repossess his property at the end of the term. It also sets down rental payment details and who
will pay for council tax, water, electricity and other bills etc.
Ombudsman for Estate Agents
As a further sign of our commitment, we are members the Ombudsman for Estate Agents scheme (OEA). The OEA further strengthens our ability to demonstrate our high
standards of business practice. For more information about the scheme please visit www.oea.co.uk.
Would it not be cheaper to do this all myself?
There are many other things you will need to take care of if you do let privately. For example, you will need to advertise your property and find time to answer calls,
be available for viewings, vet tenants, get references and draw up contracts.
A letting agent can take this burden off your mind, manage the property on your behalf and give you advice on all aspects of the property rental process.
We have access to credit referencing agencies that enable us to check the tenant can afford the rent and does not have a history of defaulting on payments. We can also offer insurance guarantee to safeguard your rental income, check that rent is paid on time, and deal with maintenance and tenant enquiries.
Do I need to pay income tax?
This will depend upon your circumstances but income from property in the UK must be declared to the Inland Revenue. If the landlord is resident overseas the agent may
be taxed but we can advise on how you can receive rent without us having to pay tax on your behalf. Landlords can claim personal allowances against income from
property and husbands and wives may decide to opt for separate taxation.
Expenditure incurred in connection with letting can be offset against income and a wear and tear allowance may be granted in the case of furnished properties. We would strongly recommend that landlords take independent financial advice in connection with your tax affairs.
DISCLAIMER:
This Guide has been prepared by Alan Cooke Lettings. All advice is offered in good faith, and readers who choose to act upon it do so at their own risk. Alan Cooke
accept no responsibility for any action taken, or loss occurring as a result of any advice/information given here. Links and reference to other websites are for
information only, and as such Alan Cooke Lettings does not accept responsibility for their content. For a full understanding of what we undertake please read our
Terms and Conditions of Business available by request.