Information for Landlords
Introduction
Dafydd Hardy Chartered Surveyors & Estate Agents we are an established local business who specialise in Residential Lettings and Estate Management.
Our two partners are both Chartered Surveyors and they have an experienced and enthusiastic team working with them to provide you with a high level of service. As members of the Royal Institution of Chartered Surveyors (RICS), we are bound by strict codes of conduct.
We are also members of the National Approved Letting Scheme (NALS), National Association of Estate Agents (NAEA) the The Deposit Protection Service (DPS) and The Property Ombudsman (TPO).
The Tenancy Agreement
All tenants over 18 years of age will sign an Assured Shorthold Tenancy Agreement. This originates from the 1988 Housing Act, (as amended in 1996). Although there is no minimum term, we do not generally advise letting for less than 6 months. Tenants tend to look after a property better if they consider it their home, rather than just a temporary stop gap.
If notice is not served on the tenants at the end of the initial term, and no new agreement is created, the tenancy will convert to a periodic tenancy. This means that it will renew itself on a monthly basis until either party serves notice or until a new agreement is signed. In these agreements the notice period is agreed between each party prior to the start of the tenancy (usually two months by the landlord and one month notice by the tenant). We are happy to forward a draft copy to you for approval prior to signing.
The Landlords Responsibilities
The landlord is responsible for the bricks and mortar insurance and it is advisable that a specialist landlord’s insurance policy be taken out. This will cover accidental damage to the landlord’s property by the tenants.
The landlord is responsible for the general structure of the property and for external maintenance and decorating. Appliances such as a shower or the central heating boiler are also the landlords’ responsibility to maintain.
The tenants are entitled to peaceful enjoyment of the property under the terms of the lease.
Health & Safety Requirements
A Gas Safe registered engineer must check all gas appliances every 12 months. A Gas safety certificate must be produced to confirm that all appliances are safe. As part of our management package, we can arrange this for you.
Fixed electrical wiring should be checked every 5 years. This is not a legal requirement but is good practice.
Electrical appliances left in the property should be checked ever 12 months by a qualified electrician and a safety label issued.
The council has powers to enforce legislation and ensure that Landlords comply with requirements for Houses in Multiple Occupation. This is because in this type of dwelling the risk of fire deaths is 6 times greater than for the average family home. It is also interesting to look at the government’s definition of a House in Multiple Occupation.
The definition includes:
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Bedsits & Rented Rooms
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Shared Properties by 3 or more people
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Hostels & Guest Houses
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Staff Accommodation
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Self Contained flats with a common entrance
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Registered Care Homes
All homes should meet the Housing Act’s standards for habitation, which include:
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Structural condition
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Serious disrepair
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Free from dampness
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Adequate lighting and ventilation
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Adequate water supply
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Kitchen facilities
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Sink with hot & cold water
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Suitably located toilet
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Suitably located washing facilities
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Effective drainage
The following additional rules apply for HMO’s
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Adequate means of escape from fire
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Adequate other fire precautions
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Suitable and adequate facilities for cooking and sanitation for the number of occupants
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Suitable room sizes
*Self Contained flats with a common entrance. According to the government definition these properties are HMO’s. They should therefore be equipped as follows (up to 2-storeys):
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Hardwired interlinked mains powered smoke detectors (minimum of 2)
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Walls, ceilings, and partitions 30 minute fire resisting construction
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Protected escape route from bedrooms
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Fire doors with self-closers
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General-purpose 13A rated fire extinguisher in hallway, dry powder fire extinguisher, and fire blanket in kitchen.
Please ask for further details if your flat is within a 3-storey building.
The Tenants Responsibilities
The tenants pay the rent per calendar month. They are also responsible for the council tax, electricity and gas bill, water rates, television license and telephone.
The tenant is also responsible for maintaining the condition of the property internally and for keeping the garden tidy.
The Tax Implications
You will need to complete a self-assessment at the end of every tax year and declare your income and expenditure on the property. There is a dedicated property section included within the self assessment form to this end.
Our monthly statements can be supplemented by an annual tax statement to make this as simple as possible.
Important Note: If you intend moving abroad and your “usual place of abode” will be outside of the UK then we as your letting agent must:
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Deduct tax from your rental income; and
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Pay the Inland Revenues Accounts Office
To avoid this requirement we must receive written conformation from the Inland Revenue that you as a landlord are approved to receive the rental income with no tax deducted. We hold copies of the required form, which you must complete and send to the Inland Revenue to achieve this.
OUR SERVICES
Full Management
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Advice on how best to present and furnish your home
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Advice on the requirements of statute
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Advice as to a suitable rental value for your property
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Preparation of lettings particulars
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Registration of your property on our effective mailing list
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Inclusive local advertising
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Accompanied viewings
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Collation of references for potential tenants
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Preparation of lease and the notices required by statute under the Housing Act 1988 and the Housing Act 1996
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Preparation of a detailed inventory to record the exact condition of your property
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Supervision of the hand over of the property to include signing of the agreement and hand over of keys
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Collection of deposit and transfer to DPS
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Arrange for transferral of utilities into tenant’s name
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Collection and payment of rent
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Regular inspections of property
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Regular progress reports
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Monthly statements for your tax returns
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Supervision of all maintenance issues
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Service of relevant notices to end contract or instigate rent reviews
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Negotiation of rent reviews
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Detailed vacation checks
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Supervised property hand over
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Full protection of tenant’s deposits under tenancy deposit laws
Includes FREE RENT GUARANTEE INSURANCE (Terms & Conditions Apply)