As our landlord, we will prioritise letting your property quickly to the right tenant, while achieving the best possible market rent. At the same time, we aim to ensure the property is safe, fully compliant, and meets all legal obligations.
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.
Certain types of property may require a license before they can be let. There are three types of licenses: mandatory, additional and selective. We would advise you to check with your local authority as guidelines for licences differ depending on the local authority.
We would advise that all appliances are in good working order and all operating and/or instruction 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 (including any security keys, remote controls or fobs) for the tenant. You will need to give each named tenant a full set of keys. Window or security keys should be clearly labelled and left in the property. Carter Jonas will require a full set of keys if we are managing the property.
For properties that are not managed by Carter Jonas, the tenant must be provided with the contact details of who is managing the property throughout the tenancy and who to contact in an emergency.
We recommend that the property is professionally cleaned (to include carpets and soft furnishings) before the tenancy starts and an inventory take and check-in is carried out by a professional inventory company. 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 the start date of the tenancy. You may also like to consider taking out Legal and Rental Protection insurance.
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 any water feature i.e. hot tubs, jacuzzi bathtubs, saunas or a swimming pools.
Any landlord living outside of the UK for more than 183 days during a tax year will need approval from HMRC to receive rent without the deduction of tax. You will need to apply for approval and use our agent number NA-036548 on the form (either online or postal). Once your application is processed, we will receive confirmation from HMRC. If you do not apply, we are legally obliged to deduct the current rate of tax from the rental income and pay over to HMRC every quarter.
We would advise a working telephone line and internet connection 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).
We will require an EPC in order to market the property and will include it in the property particulars and on the property portals. EPC’s must be provided by accredited energy inspectors and last for 10 years. The EPC must be a band E or above in order to let the property, though you may be able to apply for an exemption in certain circumstances. There will be changes to the EPC requirements in 2030.
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.
All AST deposits must be registered with one of the three approved Tenancy Deposit Protection schemes within 30 days of the deposit monies being paid or the tenancy commencing.
If Carter Jonas is instructed to hold the Deposit, we will register the deposit with the Tenancy Deposit Scheme (TDS).
As a landlord, you are responsible for the safety of your tenants. 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 that 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. A gas safety certificate is different to a boiler service.
It is a legal requirement to have a working carbon monoxide alarm fitted to any room where there is a solid fuel or oil burning appliance. The carbon monoxide alarm must be checked and in proper working order on the day the tenancy commences, and you must keep a written record of the check. If your tenant reports that the alarm is not working, you must arrange for it to be fixed or replaced immediately. We would also recommend that you note the expiry date of the alarm.
All tenanted properties require a working smoke alarm fitted on each storey of the property where there is a room used wholly or partly as living accommodation. The British Safety Standards best practice guidance is for all properties to have hard wired smoke alarms in every hall and landing, and a hard-wired heat detector in the kitchen. Houses of Multiple Occupation (HMO) must have mains fitted smoke alarms with battery back-up in every room.
The smoke alarms must be checked and in proper working order on the day the tenancy commences, and you must keep a written record of the check. If your tenant reports that the alarm is not working, you must arrange for it to be fixed or replaced immediately. We would also recommend that you note the expiry date of the alarm.
Oil, LPG, solid fuel appliances and wood burning stoves should be serviced and checked annually by an OFTEC or HEATAS engineer. Wood burning stoves installed from 2011 must have an Installation Certificate and a carbon monoxide alarm fitted.
Under these regulations, all domestic upholstered furniture is required to meet strict ignition resistance standards, specifically for fillings and covers. The regulations ensure foam is flame retardant, covers are match-resistant and items are labelled. You will need to evidence compliance and remove any items which do not comply before the tenancy starts.
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 landlord’s responsibility to provide instruction books for all items of electrical equipment and to ensure that all electrical appliances within the property comply with the current regulations. We would recommend a Portable Appliance Test (PAT) is carried out on any electrical appliances in the property.
These regulations apply to all new tenancies from 1st July 2020 including renewals and statutory periodic tenancies, and all existing tenancies from 1st April 2021. The standards that should be met are set out in the 18th Edition of the Wiring Regulations. A copy of the report must be given to the tenant before the tenancy commences. A tenant and/or the Local Authority can request a copy of the report. Any remedial works will need to be carried out within 28 days of the inspection. The inspection and test must be carried out every five years by a qualified and competent person.
It is a legal requirement for all new blinds and curtains to be fitted with a safety device and comply with current safety standards. 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:
Let as a main or only home to at least three unrelated sharers who share a kitchen or a bathroom.
Three of more storeys.
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 HMO’s must have a mains fitted smoke alarm with battery back-up, a carbon monoxide alarm, an 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 cannot 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 is obliged to verify the identity and address of all clients prior to marketing a property.
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, NHA’s fall 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 AST’s – see above criteria.
These fall 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 an Assured Shorthold tenancy agreement will be payable by the landlord.
The cost of a Non-Housing Act tenancy agreement will be payable by the tenant and the landlord.
Our team will contact you directly to discuss your property needs.
