Make sure the property is safe
The first thing you want to do is visit the property and ensure that everything in the place is safe. All the electrics are up to standard, there are no loose floorboards, or other dangerous items that could cause your tenants an injury. Landlords are legally required to put smoke alarms on every floor that contains living space, and also install a carbon monoxide alarm if there is a solid fuel-burning appliance in the property.
The Gas Safety (Installation & Use) Regulations 1998
Under the above regulations, it is the landlord's responsibility to ensure that all gas appliances and the fixed installation are maintained in good order and checked for safety at least every 12 months by a Gas Safe registered engineer.
Guide for tenants: Homes (fitness for Human Habitation) Act 2018
On 20 March 2019 a new law came into force to make sure that rented houses and flats are ‘fit for human habitation’, which means that they are safe, healthy and free from things that could cause serious harm. Most landlords make sure that the houses and flats they rent out are safe and secure, warm and dry. But some landlords do not, and this means that some tenants live in dangerous or unhealthy conditions. This new law, the Homes (Fitness for Human Habitation) Act 2018, will help these tenants and make sure irresponsible landlords improve their properties or leave the business.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
The Landlord is legally responsible for installing and maintaining working smoke alarms on every floor of the property as well as carbon monoxide alarms in any room with a solid fuel combustion appliance. The Landlord is also responsible for ensuring that each alarm is in proper working order at the start of the tenancy and that all checks are documented.
The new Electrical Safety Standards in the Private Rented Sector Regulations 2020
The new Electrical Safety Standards in the Private Rented Sector Regulations 2020 were made on 18 March and will apply to all new tenancies on 1 July 2020 and for existing tenancies on 1 April 2021.
Failure to ensure these legislative measures are carried out could see you facing fines or even a jail sentence.
Arrange an EPC
All landlords are now required to provide tenants with an Energy Performance Certificate or EPC on the day they move in. Additionally, all advertisements are required to give the energy rating for the property. Therefore, if you haven’t had it done yet you would be wise to get it completed sooner rather than later.
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007
All buildings in the private rented sector require an Energy Performance Certificate (EPC). This certificate will remain valid for ten years. Landlords are required by law to obtain and make available a copy of the EPC, free of charge, to prospective tenants at the earliest opportunity and must provide the person who takes up the tenancy with a copy.
Furthermore, the Energy rating needs to meet minimum energy efficiency standards:
Since 1 April 2020, landlords can no longer let or continue to let properties covered by the MEES Regulations if they have an EPC rating below E, unless they have a valid exemption in place.
If you are currently planning to let a property with an EPC rating of F or G, you need to improve the property’s rating to E, or register an exemption, before you enter into a new tenancy.
If you are currently letting a property with an EPC rating of F or G, and you haven’t already taken action, you must improve the property’s rating to E immediately, or register an exemption.
Furniture and Furnishings (Fire) (Safety) Regulations 1988 and (Amendment) 1993
If the property is let furnished or any items of furniture are left, then you will need to ensure they are compliant.
The landlord warrants that he/she is fully aware of the terms and conditions of the above Regulations including any subsequent amendments or replacement Regulations (hereafter referred to as the Regulations).
The landlord declares that all furniture presently in the property or to be included in a property to which this agreement applies, complies in all respects with the Regulations. The landlord further warrants that any furniture purchased for the property after the date of this agreement will also comply with the Regulations for the duration of the tenancy and any
Renewals.
Advertise in the right places
Nowadays it is easy to publish listings on the internet yourself or put the property up for rent on places like Facebook but you want to make sure that you are attracting the right type of tenants, so you want to think if you want to list the property through an agency, or whether you go direct. Agencies will help filter the potential tenants and will take care of things like viewings etc, so this may be helpful for you.
Carry out an immigration right to rent check
Since early February 2016 Landlords are required to check that their tenants hold the relevant Right to Rent in the UK. This will normally require the landlord to perform an immigration check using an official document of the tenant such as a passport. Landlords are able to perform the checks themselves or let a letting agency do it, but failure to do so could see fines of up to £3000 against the landlord.
Immigration bill (Right to rent checks) - 2016
You must check that a tenant or lodger can legally rent your residential property in England. Before the start of a new tenancy, you must check all tenants aged 18 and over, even if:
• they’re not named on the tenancy agreement
• there’s no tenancy agreement
• the tenancy agreement isn’t in writing
Check all new tenants. It’s against the law to only check people you think aren’t British citizens. If the tenant is only allowed to stay in the UK for a limited time, you need to do the check in the 28 days before the start of the tenancy.
Reference your tenants
You want to make sure that your tenants are what they seem so that you minimise the risk of letting your property. This may include getting references from previous landlords or employers as well as checking bank statements and id on your tenants. You want to get piece of mind that you are renting to the right people. The majority of landlord insurances will not cover you if you do not have acceptable referencing in place.
Arrange the tenancy agreement
This is the legal contract upon which your letting is based, so it is important to make sure that you have this in place. If you make any alterations to the tenancy agreement you will have to get agreement from your tenants before you do. This is for your protection as well as for theirs.
Ensure the deposit is protected
Tenancy Deposit Legislation (Housing Act 2004) - 2007
The landlord must put a tenant’s deposit in a government-backed tenancy deposit scheme (TDP) if you rent a home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:
• Deposit Protection Service
• MyDeposits
• Tenancy Deposit Scheme
As a company Allen Residential will make sure that you are fully compliant with the latest legislation, for a quotation on our fully managed services please contact James Allen on 01761 412300 / 07773 412300 or email him directly as follows :- james@allen-residential.co.uk