Guidance

Before a property can be let, there are several matters which the owner will need to deal with to ensure that the tenancy runs smoothly, and also that he/she complies with the law. If you require further advice or assistance with any matter, please do not hesitate to contact us:

Mortgage
If your property is mortgaged, you should obtain your mortgagee's written consent to the letting. They may require additional clauses in the tenancy agreement of which you must inform us.

Leaseholds
If you are a leaseholder, you should check the terms of your lease, and obtain the necessary written consent before letting.

Sub-letting
If you are a tenant yourself, you will require your landlord's consent.

Insurance
You should ensure that you are suitably covered for letting under both your buildings and contents insurance. Failure to inform your insurers may invalidate your policies. We can advise on Landlord's Legal Protection, and Landlord's Contents insurance if required.

Bills and regular outgoings (where we are managing the property)
We recommend that you arrange for regular outgoings e.g. mortgage, service charges, maintenance contracts etc. to be paid by standing order or direct debit. However, where we are Managing the property, by prior written agreement we may make payment of certain bills on your behalf, provided such bills are received in your name at our office, and that sufficient funds are held in your account.

Council tax
Council tax is the responsibility of the tenant(s). You should inform your local collection office that you are leaving the property. During vacant periods the charge reverts to the owner. If the property is unoccupied but furnished, the charge is 50% of the normal rate. If the property is unoccupied and 'substantially' unfurnished, there is no charge for the first six months, and thereafter a charge of 50% of the normal rate.

The inventory
It is most important that an inventory of contents and schedule of condition be prepared, in order to avoid misunderstanding or dispute at the end of a tenancy. Without such safeguards, it will be impossible for the landlord to prove any loss, damage, or significant deterioration of the property or contents. In order to provide a complete service to the landlord, we will if requested arrange for an Independent inventory company to prepare an inventory and schedule of condition, at a cost to be quoted.

Income tax
When the landlord is resident in the UK, it is entirely his responsibility to inform the Inland Revenue of rental income received, and to pay any tax due. However, where the landlord is resident outside the UK during a tenancy, under new rules effective from 6 April 1996, unless an exemption certificate is held, we as landlord's agents are obliged to retain and forward to the Inland Revenue on a quarterly basis, an amount equal to the basic rate of income tax from rental received, less certain expenses. An application form for exemption from such deductions is available from York Property Company. Further information may be obtained from the Inland Revenue.

Tenancy Deposit Scheme
From 6th April 2007 landlords and letting agents wishing to hold bonds must safeguard that deposit with a tenant deposit scheme (TDS). The aim is to remove the risk of misappropriation of tenant(s) deposits by landlords and letting agents. From 6th April 2007 the landlord will NOT be able to take a deposit in respect of an assured shorthold tenancy agreement unless it is covered by a TDS. A landlord will have to:

• Deal with a deposit in accordance with an authorised scheme
• Comply with the initial requirements of a scheme within 14 days
• Give the tenant information relating to the deposit within 14 days of receiving the deposit

Important safety regulations

The following safety requirements are the responsibility of the owner (the landlord), and where we are to manage the property, they are also ours as agents. Therefore to protect all interests we ensure full compliance with the appropriate regulations, at the owner's expense.

Gas Appliances & Equipment
Under the Gas Safety (Installation and Use) Regulations 1994 (amended 1996) and some other regulations, all gas appliances in tenanted premises must be checked for safety at intervals of not more than 12 months, by a CORGI registered gas engineer, and a safety certificate issued. Records must be kept of the dates of inspections, of defects identified, and of any remedial action taken.

Electrical Appliances & Equipment
Under the Electrical Equipment (Safety) Regulations 1994, the Plugs & Sockets etc. (Safety) Regulations 1994 and some other regulations, electrical installations and equipment in tenanted premises must be safe. Although (unlike gas) no safety certificate is legally required, and therefore it may be adequate to perform a visual check of electrical equipment, fittings and leads, it is recommended that a qualified electrician be engaged for this purpose.

Furniture & Furnishings
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989, 1993 & 1996) provide that specified items supplied in the course of letting property must meet minimum fire resistant standards. The regulations apply to all upholstered furniture, and beds, headboards and mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows, and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, bed clothes including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Therefore all relevant items as above must be checked for compliance, and non-compliant items removed from the premises. In practice, most (but not all) items which comply must have a suitable permanent label attached. Items purchased since 1st March 1990 from a reputable supplier are also likely to comply.

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(s).

Preparing the property for letting

We have found from experience that a good relationship with tenants is the key to a smooth-running tenancy. As Property Managers the relationship part is our job, but it is important that the tenants should feel comfortable in their temporary home, and feel that they are receiving value for their money. This is generally the responsibility of the owner. Our policy of offering a service of quality and care therefore extends to our tenant applicants too, and we are pleased to recommend properties to rent which conform to certain minimum standards. Quality properties attract quality tenants.

General condition
Electrical, gas, plumbing, waste, central heating and hot water systems must be safe, sound and in good working order. Repairs and maintenance are at the landlord's expense unless misuse can be established.

Appliances
Similarly, appliances such as washing machine, fridge freezer, cooker, dishwasher etc. should be in usable condition. Repairs and maintenance are at the landlord's expense unless misuse can be established.

Decorations
Interior decorations should be in good condition, and preferably plain, light and neutral.

Furnishings
It is recommended that you leave only minimum furnishings, and these should be of reasonable quality. It is preferable that items to be left are in the property during viewings. If you are letting unfurnished, we recommend that the property contains carpets, curtains, and a cooker.

Personal items, ornaments etc
Personal possessions, ornaments, pictures, books etc. should be removed from the premises, especially those of real or sentimental value. Some items may be boxed, sealed and stored in the loft at the owner's risk. All cupboards and shelf space should be left clear for the tenant's own use.

Gardens
Gardens should be left neat, tidy and rubbish-free, with any lawns cut. Tenants are required to maintain the gardens to a reasonable standard, provided they are left the necessary tools. However, few tenants are experienced gardeners, and if you value your garden, or if it is particularly large, you may wish us to arrange maintenance visits by our regular gardener.

Cleaning
At the commencement of a tenancy the property must be in a thoroughly clean condition, and at the end of each tenancy it is the tenant's responsibility to leave the property in similar condition. Where they fail to do so, cleaning should be arranged at their expense.

Mail forwarding
We recommend that you make use of the Post Office redirection service. Application forms are available at their counters, and the cost is minimal. It is not the tenant's responsibility to forward mail.

Information for the tenant
It is helpful if you leave information for the tenant on operating the central heating and hot water system, washing machine and alarm system, and the day refuse is collected etc.

Keys
You should provide one set of keys for each tenant. Where we are managing we will arrange to have duplicates cut as required.

Houses in Multiple Occupancy (HMO)

From 6th April 2006 the housing act 2004 came into force with new defunitions for HMOs.

Properties which are 3 storeys high with 5 or more tenant(s) require to be licensed. The licensing from is very comprehensive and is made up of 2 sections involving collating information on the property and the 2nd part in establishing if the license holder or manager is a 'fit and proper person'

The license granted is valid for 5 years during wich time authorities will inspect the property twice. One of the visits will be unannounced. The cost of the license is dependant on how many occupants there are in the property. The fines for NOT having a license are very high.