We keep on top of the ever changing rental sector legislation and will offer full advice to ensure you meet your responsibilities. If required, all of these can be arranged on your behalf. In brief, these include:
Financial Considerations
Mortgage: If the property is subject to a bank loan or mortgage, permission is generally required from the lender (to be arranged by the landlord).
Leasehold: Written consent must be obtained from your superior landlord/freeholder confirming you are permitted to sub-let your property.
Insurance: Your policy will need to be adjusted for a tenanted property to ensure you are covered.
Other: Other parties that will need to be informed include utility suppliers and council tax department at your local authority/council.
Regulation Compliance
Electrical Regulations: It is the landlord’s responsibility to ensure all electrical equipment is safe and conforms to several pre-defined standards.
Gas Regulations: All gas appliances, flues and associated pipework must be maintained in a safe condition and pass annual inspections.
Fire Regulations: It is illegal to let a property with specified items of furniture and furnishings that do not meet minimum fire resistance standards. Any wood burning stoves must be certified.
Carbon Monoxide & Smoke detectors Requirements: From the 1st October 2015 regulations require smoke alarms to be installed in rented residential accommodation and carbon monoxide alarms in rooms with a solid fuel appliance. Changes are also made to the licence requirements in relation to houses in multiple occupation (HMOs), such as shared houses and bedsits which require a licence and also in relation to properties which are subject to selective licensing. The Regulations apply both to houses and flats. Failure to comply can lead to a civil penalty being imposed of up to £5,000.
Energy Performance Certificates: Legislation now requires that, at the point of placing a property on the market, an EPC must be commissioned. We have a swift method of EPC production for those clients who wish us to arrange it for them.
Right to Rent checks: 'Right to Rent' is a new law introduced as part of The Immigration Act 2014. The Immigration Act 2014 places restrictions on illegal immigrants accessing rented accommodation, and will take effect within the private rented sector across England from 1st February 2016. For the avoidance of doubt, landlords must: Check all adult tenants who will live in the property as their only or main home Ask tenants for the original documents that show they have the right to be in the UK Check the original documents with the tenant present and ensure they are valid Make and keep copies of the original documents and record the date the check was made. Conduct follow up checks at the appropriate date if the initial check indicates a time-limited Right to Rent Make a report to the Home Office if follow up checks indicate that an occupier no longer has the Right to Rent.
Property Licensing: Licensing for all properties that are not occupied by the owner was introduced to improve standards in the sector, in terms of both physical accommodation and the management of tenancy issues. Mandatory licensing of certain larger HMOs was introduced across England & Wales in April 2006. It applies to properties three or more storeys in height, occupied by five or more people in two or more households with some sharing of facilities. But smaller HMOs and single family properties may also need licensing under the myriad of selective and additional licensing schemes being set up by Councils across the country. There are already over a dozen such schemes operating in London with more on the way. At present, landlords must check on each Council's website to see which schemes apply in their area.