Guide for Landlords

The following is a useful guide to making your property 'fit for purpose'

Being a landlord requires you to legally comply with certain regulations and you should be aware that it may be necessary to invest some time and money in ensuring your property is ‘fit for purpose’. A landlord should also remember that he may be liable for any incidents/accidents relating to gas/electrical faults where he cannot prove that he took precautionary measures. The landlord is responsible for the safety of all items provided in the property.

Permission of Mortgagee and or Leaseholder

The landlord should be certain that the mortgage company is aware that the property is to be let. Where a flat/apartment is to be tenanted there may also be some permissions/clauses in the lease that the landlord should be aware of. For example, they may stipulate ‘no pets’ or may require you to notify the management company that a flat is to be tenanted.

Buildings and Contents Insurance

It is of course necessary to have buildings insurance, and in most cases where letting a flat/apartment this will be included in the block management fees. It is advisable to have contents insurance where a property is to be let furnished. Prime Surrey Lets can advise on this.

Energy Performance Certificates

This is a new legal requirement which came into being in October 2008. All rental properties in England and Wales will require an Energy Performance Certificate (EPC). A Domestic Energy Assessor (DEA) will visit the property to assess its energy efficiency, taking into account cavity wall insulation, double glazing etc. A certificate is issued which looks similar to a label found on a domestic appliance with a rating from A – G. Prime Surrey Lets can advise on this or see the government website www.direct.gov/epc . You may be eligible for a grant!

Deposits

Since April 2007 any deposit taken with regard to the letting of property must be legally protected under one of the two government authorized schemes. There is an insurance based scheme and a custodial scheme. Prime Surrey Lets favours the use of the custodial scheme, The Deposit Protection Service. There is no charge to landlord or tenant and the deposit is paid to the Deposit Protection Service for safekeeping. The insurance based scheme allows the landlord to hold onto the deposit. However, the landlord would have to pay a membership fee and a fee per deposit protected to www.mydeposits.co.uk . This option is available if landlords so wish. It is important to remember that if a landlord does not adhere to either scheme the landlord is unable to evict a tenant under the Section 21 rule, gaining repossession of their property.

Gas Regulations

Under the Gas Safety (Installation and Use) Regulations 1984 (amended 1996) all gas appliances must be inspected by a GAS SAFE (previously CORGI) registered engineer every 12 months and a Gas Safety Certificate issued. A copy should be made available to the tenant and kept on the premises, the landlord also keeps a copy for his own records. (Each gas hob, gas fire, boiler etc. has to be individually checked).

A Gas Safety Certificate is not the same as a service for your boiler and Prime Surrey Lets recommend that a service and inspection take place together, annually. It is recommended that a carbon monoxide alarm should also be present in the property.

Electrical Appliances and Equipment

This is currently a ‘grey’ area. It is not a legal requirement for an electrician to attend and test all equipment, sockets etc. However, the Electrical Equipment (Safety) Regulations 1994, the Plugs & Sockets etc. (Safety) Regulations 1994 require that electrical installations and equipment must be safe. This can only be verified by a suitably qualified electrician. If you are letting a newish property where clearly there is a modern fuseboard, with individual circuit breakers, then it may not be necessary to engage the services of an electrician. A visual inspection of sockets and switches may be deemed satisfactory. However, Prime Surrey Lets would advise landlords in older style properties to employ the services of an electrician to check the wiring, sockets etc. One should be mindful in these technological days of the number of items that require electricity!

Any small electrical items, such as kettle, toaster etc. must be considered safe by the landlord. Prime Surrey Lets recommends a visual inspection of leads/plugs etc.

Heating/Hot water/Sanitary Appliances

As a landlord you should be aware that it is your responsibility in accordance with Section 11 to 16 of the Landlord and Tenant Act 1985 to

Keep the structure (including drains, gutters and downpipes) and the exterior of the premises in good order and repair.
Keep the appliances for supply of gas, electricity and water in good repair.
Keep the appliances for supply of space heating and water heating in good repair.
Keep the sanitary appliances in good repair and carry out all repairs within a reasonable time of being notified.

It is also generally accepted that as a landlord you are liable for any repairs to domestic appliances unless you feel blatant misuse has occurred.

Furniture and Furnishings

The Furniture and Furnishings (Fire) Safety Regulations 1988 provide that specified items supplied in the course of letting property must meet minimum fire resistant standards. The regulations apply to all upholstered furniture, including beds, headboards, mattresses, sofas, scatter cushions, seat pads, pillows etc. Generally speaking there should be a permanent label attached confirming the filling adheres to the 1988 regulation. This regulation does not apply to antique furniture!

General Safety

Clearly the property must be secure with appropriate door and/or window locks.
Patio doors, balconys, glazing etc. must all be safe and secure. Generally the property must be safe to live in.

Smoke Alarm

A hard wired smoke alarm or battery type alarm must be fitted. There should be an alarm fitted on each floor of the property. A battery type alarm should be ‘tested’ prior to and on commencement of tenancy.

Presentation of Property

A property that is clean, uncluttered, with a neutral décor is going to have more appeal. Prime Surrey Lets are happy to give advice on how to present the property. This doesn’t mean spending lots of money. A fresh coat of paint, a professional clean will enhance a property. Keep it simple, keep it clean.

If you show that you care for your property you will increase your chances of letting and the likelihood of the tenants taking care of it.

Should a property should be furnished or unfurnished? My experience tells me that tenants are more likely to be young professionals who have few possessions and are only too pleased to have a furnished flat but Prime Surrey Lets are happy to advise on this.

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