As a Landlord, the most important aspect of letting a property is that the property is safe to live in, fully compliant and meets all the legal obligations.


Your responsibilities

Both the interior and exterior of the property should be presented to the highest standard and in good decorative order. The majority of tenants will prefer neutral decoration with high quality fittings and furnishings with wooden floors. Properties should be well equipped with standard appliances and include a fridge freezer, washing machine, tumble dryer and power shower.
Written permission to sublet is required from a bank or building society when a mortgage is held against a property. We would advise that you request consent from your lender as soon as you decide to rent the property.
If the property is leasehold you may need to seek consent to let your property from the freeholder in accordance with the head lease. There may be restrictions on the head lease so a copy should be provided to the Tenant at the start of the tenancy.
We would advise that all appliances are in good working order and all operating and/or instructions manuals should be left in the property along with any details of guarantees or landlord warranties (i.e. British Gas home cover).
Please provide adequate sets of keys (and any security keys or fobs) to the Tenant, and one full set if Carter Jonas are managing the property.
For properties which are not managed by Carter Jonas, the Tenant must be provided with the contact details of who is managing the property and who to contact in an emergency.
We recommend that the property is professionally cleaned (to include carpets) before the tenancy starts and an inventory make and check in is carried out by a professional inventory. The inventory states the contents and the condition of the property and the Tenant must return the property in the same state at the end of the tenancy (fair wear and tear excluded). Carter Jonas will arrange this for you if we manage the property.
Chimneys should be swept at the beginning of the tenancy and then on an annual basis.

You must have buildings, contents and public liability insurance in place prior to start of the tenancy.

In order to comply with the Health and Safety Executive’s Code of Practice Landlords are advised to carry out a risk assessment at their premises prior to letting where there are open water tanks, cooling systems or a swimming pool.

Any Landlord living outside the UK is able to apply for a Certificate of Self-Assessment in order to receive gross rental income. If you do not apply, we are legally obliged under the Finance Act of 1995 to deduct the current rate of tax from the rental income and pay over to the Inland Revenue every quarter. You can obtain a Non Resident Landlord form via the HMRC website. Our agent no is NA036548 which you will need to complete the form.

We would advise a working telephone line is in place in the property prior to the start date.

If necessary, Royal Mail offers a redirection service for your post to be forwarded to your address (www.royalmail.com).


Legal obligations:

You have a legal responsibility to let a home to your Tenants where they can live safely.


Legal Responsibilities

From 1st October 2008, a prospective Tenant of a residential property must be supplied with an Energy Performance Certificate (EPC) free of charge at the commencement of marketing. We would recommend the EPC is included in the property particulars. EPC’s must be provided by accredited energy inspectors and the certificate lasts for 10 years. Under this legislation we are unable to market a property for letting until we are in receipt of the EPC.

In accordance with the Immigration Act 2014 it is a legal requirement for a landlord to meet and check that all Tenants over the age of 18 have the Right to Rent, and to check their passport and/or visa if the Tenant has a time-limited right to stay in the UK.

From 6 April 2007 all Landlords or agents must use one of the three approved TDP schemes to protect tenants' deposits for Assured Shorthold tenancies (AST) within 30 days of the deposit monies being paid or the tenancy commencing. If any other scheme is used, deposits are not protected in law.
The three approved schemes are:

 

  • Deposit Protection Service (DPS)
  • MyDeposits
  • Tenancy Deposit Scheme (TDS)

If Carter Jonas are instructed to hold the Deposit, we shall do so under the Terms of the Tenancy Deposit Scheme if the Tenancy is an (AST). - See more below.

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As a Landlord you are responsible for the safety of your tenant. You are required by law to ensure that all gas appliances, installations, flues and pipe-work in the property have been checked by a Gas Safe Registered Engineer and a Gas Safety Certificate (GSC) is issued every year. A copy of the GSC must be provided to the Tenant at the start of the tenancy and the tenancy is unable to commence without a valid GSC. It is the Landlord’s legal responsibility to arrange for an annual gas safety check and for a copy to be given to the Tenant within 28 days of the certificate being completed. A GCS should be retained for two years.
It is a legal requirement to have a carbon monoxide alarm fitted to any room where there is a solid fuel burning combustion appliance. The carbon monoxide alarm must be checked and in proper working order the day the tenancy commences.
Under the Building Regulations 1991 any newly built Property since June 1992 must have mains fitted smoke alarms with battery back up on each floor of the property. On or after 1st October 2015 tenanted properties will require a smoke alarm to be fitted on each storey of the Property where there is a room used wholly or partly as living accommodation. Checks will need to be made to each smoke alarm to ensure it is in proper working order on the day the Tenancy commences.
Oil, LPG, Solid Fuel appliances and wood burning stoves should be serviced and checked annually. Wood burning stoves installed from 2011 must have an Installation Certificate and a Carbon Monoxide alarm fitted.
Under these Regulations it is a criminal offence to let a Property with upholstered furniture or soft furnishings containing foams which cannot be proven to comply with the above Regulations. The Regulations require that specified items must be match resistant, cigarette resistant and carry a permanent label.
Under the amended Disability Discrimination Act which came into effect in 2006, a disabled person is entitled to ask the Landlord to carry out any adjustments to the property to ensure the person is able to enjoy the property as much as an able bodied person. Any adjustments (i.e. a wheelchair ramp) are temporary and are the responsibility of the Landlord.
It is the Landlords responsibility for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the property comply with the above Regulations. Landlords should also ensure that the electrics are safe and have them checked regularly. Two tests to consider are;

The Electrical Installation Condition Report (EICR) which confirms as far as reasonably practicable, whether or not the electrical installation is in a satisfactory condition for continued service, and Portable Appliance Test (PAT).

It is a legal requirement for all new blinds and curtains to be fitted with a safety device and comply with current safety standards. For further information can be found at www.bbsa.org.uk

A Landlord is obliged to obtain a licence from the relevant Local Authority if the property is:

I) let as a main or only home to at least three unrelated sharers who share a kitchen or a bathroom.
II) Three of more storeys.
III) Occupied by five or more persons who form more than one household.

A tenancy is unable to start without the licence and failure to obtain a licence could result in a fine for the Landlord of up to £20,000.

Guidelines for licenses differ depending on the Local Authority however all regulated HMOs must have a mains fitted smoke alarm with battery back up, a carbon monoxide alarm, a Electrical Installation Condition Report and a Portable Appliance Test.

It is important to be aware of the Deregulation Act 2015 which introduced Retaliatory Eviction where a Tenant can not be served with a Section 21 for repossession of a property if there are outstanding maintenance issues and an improvement notice has been served on the property by the local council.

Carter Jonas are obliged to verify the identity and address of all clients prior to marketing a property.

TYPES OF TENANCIES:

Carter Jonas will provide our standard tenancy agreement or the Landlord’s own version including any individually negotiated special clauses.


In accordance with the Housing Act 1988 (as amended by the Housing Act 1996): this type of tenancy agreement can be used in the following circumstances:

  • The property is let to an individual and is the principal home
  • The property is let as a separate dwelling
  • The property is let for a minimum of six months and the Landlord must give at least two months’ notice to gain possession
  • The rent must not exceed £100,000 per annum
Also known as a contractual tenancy, falls outside of the Housing Act and all parties are therefore bound solely by the terms of the tenancy agreement. This is used for individual tenancies which are not ASTs – see above criteria.
This falls outside of the Housing Act as the property is taken in the Company’s name, and the person living at the property is named as an Occupier or Licensee.
A short let is generally for a period of less than six months. For leasehold properties it is important to check the conditions of the Head Lease to ensure that short lets are permitted. Certain Local Authorities and mortgage companies do not allow short let properties and may impose a fine.
Carter Jonas may send the tenancy agreement to you for electronic signature and the agreement will be deemed as executed once all parties have signed.

Please note that this is a legal agreement between the Tenant and the Landlord and we would recommend that independent legal advice should be taken.

The cost of the tenancy agreement will be payable by the Tenant and the Landlord.

Top Enquiries

  • Do I need to tell my mortgage lender?
  • What is a Short Let?
  • How well should I present my property?
Get in touch
Our team of specialist lettings agents operate nation wide. To find your local contact, select a region below.

Lisa Simon heads up residential, lettings and property management across our network.  She joined Carter Jonas in 2011.  Her twenty years plus experience has been largely in London and the Home Counties working with Landlords and Tenants.  Lisa oversees the day to day running of our letting branches and acts as a key contact for some of our portfolio clients.  She also runs our corporate services department liaising and promoting our properties to companies and their relocation agents.  Lisa resides in West London with her husband and two daughters.

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Anton is a Partner at Carter Jonas, heading up residential lettings across all four Cambridge offices. Following two years at a local independent estate agent as a senior lettings negotiator he quickly attracted the attention of Bradshaws and joined them in 2008 to single handedly build a lettings department from scratch. Over the six years he successfully drove the lettings business forward, developing the proposition, which in turn helped to build a portfolio that reached in excess of 550 properties. In his spare time he enjoys a game of golf and playing football. He is passionate about travel and his best-kept secret is that he used to be a British karting champion.
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Zaza set up the Lettings Team in 2005 in Winchester, having worked in estate agency since leaving university in both London and the country and specifically in lettings and management since 1991. She is ARLA and College of Estate Management qualified. She lives in Winchester and has two children at local schools.

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Christopher is a Partner and heads a team specialising in the letting of a wide range of properties from country houses to city apartments in Oxfordshire and the Buckinghamshire borders.  He advises both private and corporate clients on a range of residential tenancy matters including buy to let investment, property management and portfolio management. Christopher is a keen motorsport enthusiast and enjoys attending and participating in events throughout the UK. Other interests include travelling and clay shooting.

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Sharon is the Lettings Manager in Bath advising on all marketing aspects of residential letting from city centre flats to country houses.  Sharon has lived and worked in Bath for 25 years and has 10 years residential agency experience, both in sales and lettings. She enjoys all that the city has to offer, in addition to the beautiful local countryside for long dog walks.
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Sophie has extensive lettings knowledge and specialises in all rental property from one bedroom apartments to large country estates. With 10 years experience in the property industry Sophie has worked for Carter Jonas in Lettings since 2011. Sophie heads up the lettings team who consistently go above and beyond in delivering exceptional service and results for landlords and tenants alike. She lives on the Hampshire/Wiltshire border with her husband, is from a farming family so has an affinity with the countryside and enjoys socialising and travelling.

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Fiona runs the busy residential lettings and management department in Newbury, letting and managing a wide range of properties from one bedroom town centre apartments to large farmhouses in idyll locations.  She ensures that she and her staff keep up to date with the ever changing legislation in the lettings market and has good legal knowledge having achieved one of the highest marks in the country in the ARLA2 examination.  Fiona has been working in the lettings market for a number of years, in London, Maidenhead and now back in her home town of Newbury.  Fiona enjoys keeping fit in her spare time and has a passion for swimming and cycling, the only missing link for triathlons is running!

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Fiona has lived in Battersea, Tooting and Wandsworth for over 20 years. Joining from Sullivan Thomas in 1999 she worked as a lettings negotiator in central London for 2 years. She now lives in 'Bellevue village' only a couple of minutes' walk from the Wandsworth office. She has an excellent knowledge of the area, its schools and other facilities.

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