|
|
 |
|
 |
 |
As a landlord you may have several questions regarding letting your property, so we have prepared a step by step guide that should answer any questions you may have.
If you have any questions which are not answered below then please do not hesitate in contacting us on 020 85556969
Quality properties attract quality tenants!
Building a good relationship with your tenants is the key to a smooth-running tenancy. Acting as your Property Managers it is our job, but it is important that the tenants should feel comfortable in their new home, and that they are receiving value for their money. Our proven quality of service and care does not stop with the landlord but is also extended to our tenant applicants.
In our experience the better the standard and quality of the property the better standard and quality of the tenant!
General condition and decorations
Interior decorations should be in good condition, and preferably plain, light and neutral, carpets and flooring should be clean. Wood/Laminate flooring can increase rental values and are advisable in main living areas as they have a much longer lifespan and are easier to clean, ultimately saving you money in the long-run.
Utilities
Electrical, gas, plumbing, waste, central heating and hot water systems must be safe, sound and in good working order. Repairs and maintenance are at the landlord's expense unless misuse can be established.
Appliances
Similarly, appliances such as washing machine, fridge freezer, cooker, dishwasher etc. should be in usable condition. Repairs and maintenance are at the landlord's expense unless misuse can be established.
Furnishings
If the property is being let furnished it is recommended that you leave only minimum furnishings, and these should be of reasonable quality. If you are letting unfurnished, we recommend that the property contains carpets/flooring, curtains, and a cooker. Letting a property furnished usually requires that you supply a basic letting package to include all kitchen appliances, (we do not recommend that you supply a dishwasher or tumble dryer), a sofa set for the living room, a bed in each bedroom, a wardrobe for each bedroom, table and chairs.
Personal possessions, ornaments, pictures, books etc. should be removed from the premises, especially those of real or sentimental value. Some items may be boxed, sealed and stored in the loft at the owner's risk. All cupboards and shelf space should be left clear for the tenant's own use.
Gardens
Gardens should be left neat, tidy and rubbish-free, with any lawns cut. Tenants are required to maintain the gardens to a reasonable standard, provided they are left the necessary tools. However, few tenants are experienced gardeners, and if you value your garden, or if it is particularly large, you may wish us to arrange maintenance visits by our regular gardener.
Cleaning
At the commencement of a tenancy the property must be in a thoroughly clean condition, and at the end of each tenancy it is the tenant's responsibility to leave the property in similar condition. Where they fail to do so, cleaning should be arranged at their expense.
Mail forwarding
We recommend that you make use of the Post Office redirection service. Application forms are available at their counters, and the cost is minimal. It is not the tenant's responsibility to forward mail.
Information for the tenant
It is helpful if you leave information for the tenant on operating the central heating and hot water system, washing machine and alarm system, and the day refuse is collected etc.
Keys
You should provide one set of keys for each tenant. Where we are Managing we will arrange to have duplicates cut as required.
Income tax
When the landlord is resident in the UK, it is entirely his responsibility to inform the Inland Revenue of rental income received, and to pay any tax due. However, where the landlord is resident outside the UK during a tenancy, under new rules effective from 6 April 1996, unless an exemption certificate is held, we as landlord's agents are obliged to retain and forward to the Inland Revenue on a quarterly basis, an amount equal to the basic rate of income tax from rental received, less certain expenses. An application form for exemption from such deductions is available from this Agency, and further information may be obtained from the Inland Revenue.
Mortgage
If your property is mortgaged, you should obtain your mortgagee's written consent to the letting. They may require additional clauses in the tenancy agreement of which you must inform us.
Leaseholds
If you are a leaseholder, you should check the terms of your lease, and obtain the necessary written consent before letting.
Insurance
You should ensure that you are suitably covered for letting under both your buildings and contents insurance. Failure to inform your insurers may invalidate your policies.
Bills and regular outgoings
We recommend that you arrange for regular outgoings e.g. mortgage, service charges, maintenance contracts etc. to be paid by standing order or direct debit. However, where we are managing the property, by prior written agreement we may make payment of certain bills on your behalf, provided such bills are received in your name at our office, and that sufficient funds are held to your credit.
Council tax
Council tax is the responsibility of the occupier. You should inform your local collection office that you are leaving the property. During vacant periods the charge reverts to the owner. When unoccupied but furnished, the charge is 50% of the normal rate. When unoccupied and 'substantially' unfurnished, there is no charge for the first six months, and thereafter a charge of 50% of the normal rate.
The inventory
An Inventory (or schedule of condition as it is sometimes known) is a carefully prepared document detailing the state of decor and condition of a property, room by room. It is normally prepared before a tenant moves into your property.. In a furnished property the Inventory will usually include an itemised list of contents, detailing and describing their appearance and general condition. At the end of each tenancy the Inventory can then be checked against the property and its contents. Under new laws surrounding the tenants deposit schemes it is extremely important that you commission an inventory to be carried out at commencement of the tenancy. Without an inventory you will not be able to make any deductions from the tenants deposit should they cause any damage.
Energy Performance Certificates
From the 1st of October, 2008 any property that is rented by a landlord or agent will be subject to energy assessment to establish the performance of the building in a similar way to Home Information Packs
If landlords are renting out property, they will need to provide a certificate to any prospective tenant. There is no need to obtain a Energy Performance Certificate for an existing tenancy, however once obtained, a certificate remains valid for up to 10 years.
Gas Appliances & Equipment
Under the Gas Safety (Installation and Use) Regulations 1994 (amended 1996) all gas appliances in tenanted premises must be checked for safety at intervals of not more than 12 months, by a GAS SAFE registered gas engineer, and a safety certificate issued. Records must be kept of the dates of inspections, of defects identified, and of any remedial action taken.
|
 |
|
|
|
|
 |
 |
Tenant Introduction
Initial tenant interview to establish suitability
Accompanying of tenants on viewing appointments (unless by special arrangement).
Negotiating rent offers to a satisfactory conclusion
Obtaining tenant references
Free independent credit referencing service
Supervising signing of the tenancy agreement.
Serving section 21 notice requirimg possesion when tenant takes occupation
Collecting first months rent and rent deposit
Ensuring compliance with statutory safety legislation prior to tenant taking occupation.
Guaranteed Rent Scheme available
Arranging Inventory, condition and check in report (if requested)
Rent Processing - as Tenant Introduction plus:
Arranging for tenant to sign standing order mandate
Forwarding of rents received, less agreed deductions - to be paid directly into your account
Sending of Rent statements.
Sending of Rent Reminders.
Rent Reviews
Arranging tenancy extensions/continuations
Full Management - as Rent Processing plus:
Free rent & legal protection cover available (subject to terms & conditions).
Supervising signing of inventory and condition report by Tenant. (compulsery with full management)
Property visits.
Arranging all property repairs and maintenencse (subject to authorisation by the landlord)
Advising Landlord of any breaches of the Tenancy Agreement as made aware.
Serving setion 21 notice requiring possession and dealing with tenants extension or vacation.
Free check out inspection
Rent Reviews
Arranging tenancy extensions/continuations
|
 |
|
|
|
|
 |
 |
The high street is full of agents which can lead to a difficult decision for you:
“Which agent should I use”?
Every applicant that walks through our doors is put through a very tough interview process before we even consider accepting them as a prospective tenant for our landlords.
This process not only clarifies the status of the applicant but also highlights their character
.
Once we are satisfied that the applicants are financially viable and are of good character, we will agree to carry out viewings for them. This may seem like a simple process but a lot of agents do not do this and will be only thinking about their commission from you today and not the long term relationship, as a result they will put forward the first applicants that show any interest in renting your property whether they are good or bad. Our reputation for providing quality tenants is a testament to our long term commitment to our clients.
Please see what our clients say about us: click here |
 |
|
|
|
|
 |
 |
For a limited period we will upgrade you to full management free of charge
Please contact us for details 0208 555 6969
*terms apply
|
 |
|
|
|
|
 |
 |
Platinum Let – Guaranteed rent
Movers have secured an association with one of the countries leading insurers, our platinum let service:
- Will guarantee that the landlord will receive the rent on the due date every
month regardless of whether the tenant pays or not.
- The rent will be paid up to vacant possession even if the tenancy agreement
has ended.
- Up to £50,000.00 worth of cover for rent arrears and legal expenses
following non payment of rent
- Should the tenant default, the entire process will be managed and paid for
at no cost to the landlord, including the eviction process.
- Rent is covered up to £5,000 per month
Please contact our offices for further details on 0208 5556969
|
 |
|
|
|
|
 |
 |
Our experienced lettings valuers have an unparalleled knowledge of rental values in your local area. We consistently achieve the asking price for all of our landlord’s properties
Accurate rental valuations are essential to avoid unnecessary void periods, it is crucial that your agent does not excessively overvalue your property to gain your instruction. Whilst this may sound good, overvaluing is a false economy and will most definitely lead to a loss of rental profit. |
 |
|
|
| | |
|
 |
 |
Energy Performance Certificate (EPC):
On new tenancies commencing from 1st October 2008, it will be law to supply an EPC. An EPC is valid for 10 years and looks similar to the energy labels found on domestic appliances such as fridges and washing machines. The energy efficiency and environmental impact of your property will be rated on a scale from A-G (where A is the most efficient and G the least efficient). Current running costs for heating, hot water and lighting will also be shown on the certificate, together with a list of recommended energy saving improvements. The fine for non-compliance is £200 but may in certain circumstances be significantly higher.
The Furniture And Furnishings (Fire) (Safety) Regulations 1988 (As Amended In 1989 And 1993)
All soft furnishings supplied must be fire retardant. The regulations apply to beds and mattresses, headboards, sofa beds, futons etc, nursery furniture, garden furniture, scatter cushions and seat pads, pillows, bean bags, loose and stretch covers for furniture. Compliant items will be labelled.
Bed bases and or mattresses should carry the label “BS 7177.”
All other soft furnishings should carry the label “CARELESSNESS CAUSES FIRE”.
The legislation may seem daunting but compliance need not be expensive. We deal with this every day on every property we let. The regulations must be taken seriously but as a professional letting agent we will guide and help you to ensure that you comply and that your property is safe.
Replacing non - compliant furnishings or electrical appliances is NOT always necessary - we let many properties without soft furnishings and or certain electrical appliances.
The Gas Safety (Installation and Use) Regulations 1998
“The Gas Appliances (Installation And Use) Regulations 1998” requires all gas appliances in rented properties to be checked by a Gas Safe registered gas installer annually. Any faults found must be promptly rectified (also by a Gas Safe registered gas installer) and detailed records kept. A copy of a current inspection certificate together with evidence that remedial work (if any) has been carried out must be left at the property.
The Electrical Equipment (Safety) Regulations 1994
Every portable electrical appliance must be tested to ensure it is safe unless brand new and proof of purchase can be supplied. A report from a bona fide electrician on legitimate headed paper must confirm all the items have been tested and are safe. Defective plugs and frayed flexes must be replaced and any appliances failing the test must be removed. Instructions regarding the safe operation of appliances must be supplied.
The landlord and tenant act 1985
Section 11 of The Landlord and Tenant Act 1985 requires Landlords to:
Keep in repair the structure and exterior of the premises including drains, gutters and external pipes
Keep in repair and proper working order the installation for the supply of water, gas, electricity and for sanitation.
Keep in repair and proper working order the installations for space heating and water heating.
Taxation
Rental income is liable to tax whether or not the landlord resides in the UK. Tax is levied on rental profit. Mortgage interest, agency charges, furniture depreciation, repairs and maintenance is all taken into account. Landlords are recommended to seek independent tax advice.
Overseas Landlords
Under current legislation, landlords must apply for an exemption certificate to be issued to us permitting us to pay the rent to you gross. Only the Landlord can make the application which, if granted, will be issued directly to the agent. If the property is jointly owned and both owners are overseas, then exemption certificates are required for both owners. Until an exemption certificate is received we are legally required to withhold a percentage of the net rental income as a provision against tax. Tenants paying rent directly to an overseas landlord should still withhold tax. The landlord has a duty of care to make the tenant aware of this.
Insurance
The landlord must advise their insurers if their property is rented as failure to do so may invalidate the policy. As well as insuring the property, landlords may also wish to consider insuring their own contents and to take out public liability cover in case of injury to a tenant in the property.
Smoke Detectors
The installation of at least one smoke detector on every floor is recommended. Battery powered smoke detectors often cost less than £10 each and may save lives. All new homes built after June 1992 must be fitted with mains operated smoke detectors on every floor. |
 |
|
|
|
|
 |
 |
What is the Tenancy Deposit Scheme?
The government introduced a provision in the Housing Act 2004, whereby it will be a requirement that all landlords/agents that wish to take a monetary deposit will need to place the deposit into a Tenancy Deposit Scheme this scheme is intended to be introduced later this year. The tenancy deposit scheme is described in sections 212 to 215 and schedule 10 within the Housing Act 2004.
Why?
It was introduced to safeguard tenants' deposits which are paid in connection with Assured Shorthold Tenancies against unscrupulous landlords and agents who withhold the deposits with no justified reason, it shall also help to facilitate with resolving disputes over the return of the deposit. Basically the scheme has been introduced to reassure tenants that the return of the deposit is a fair deal due to the fact that the agent or landlord is a member of scheme which uses an independent adjudicator.
How does it work?
There will be two types of schemes on offer a Custodial Scheme and two Insurance based scheme.
Custodial Scheme—in this scheme the deposit is forwarded to a designated third party. It is then held by this party throughout the tenancy until the termination of the tenancy and is returned when all parties are happy with the appropriation of the deposit.
Insurance Scheme—this is whereby the landlord or the agent holds onto the deposit but the landlord or agent is involved in a scheme that ensures that should the landlord withhold the deposit then the scheme shall pay out.
For more information you go to www.communities.gov.uk
The three schemes are:
The Deposit Protection Service (The DPS) - the only custodial deposit protection scheme – is free to use and open to all Landlords and Letting Agents. The service is funded entirely from the interest earned from deposits held. Landlords and Letting Agents will be able to register and make transactions online. Paper forms will also be available should internet access be an issue. The scheme will be supported by a dedicated call centre and an independent dispute resolution service.
For more information, visit www.depositprotection.com or call 0844 4727 000
My Deposits - This insurance-based tenancy deposit protection scheme enables landlords to hold deposits this is directed primarily to landlords.
For more information, visit www.mydeposit.com or call 0844 980 0290
The Dispute Service (TDS) is an insurance-backed deposit protection and dispute resolution scheme which has been established in 2003 to provide dispute resolution and complaints handling for the lettings industry. The scheme enables letting agents and corporate landlords to hold their deposits.
For more information, visit www.tds.gb.com or call 0845 226 7837.
If a deposit is not protected, the landlord will be breaking the law. The Landlord will be unable to regain possession of the property using notice-only grounds for possession under the Section 21 of the Housing Act 1988. The tenant can apply for a court order requiring the deposits to be protected, or for the prescribed information to be given to them. If the court is satisfied that the landlord has failed to comply with these requirements, or is not satisfied that the deposit is being held in accordance with an authorized scheme, the court must either: Order the landlord to repay the deposit within 14 days of the issuing of the court order, or Order the landlord to pay the deposit into the designated account held by the custodial scheme administrator.
The court must also order the landlord to pay to the tenant (or person who paid the deposit on his / her behalf) an amount equivalent to three times the deposit amount within 14 days of the making of the order.
You can also contact us by email info@moversproperty.co.uk or 020 8555 6969
Please read this recently published article.
It is over 8 years since the tenancy deposit scheme rules were included as an amendment to the Housing Act 2004, with the schemes themselves coming into force on 6th April 2007 in England and Wales.
When the original rules for the schemes were drafted, it was recognized that there would be some landlords who would still fail to protect deposits. So, to deal with these cases, the schemes allowed the tenant to go to court and claim a penalty of three times the deposit sum.
But this led to a couple of Court of Appeal decisions which made this virtually unenforceable. One decision said that the landlord could protect “out of time” and the other said that the clause does not apply once the tenancy has ended and the tenant moved out.
These Appeal Court rulings effectively meant that a landlord could protect the deposit at any time up to the date before the court hearing and they would also be ’safe’ and not have to protect at all after the tenant had vacated.
All Change on Tenancy Deposit Scheme Rules
As of the 6th April 2012 Changes were made in Tenancy Deposit Protection - Localism Act 2012
Landlords must now make sure they protect the deposit in a scheme and ALSO serve the appropriate notice giving prescribed information to the tenant. Landlords who just protect and don’t serve the notice will still be in breach of the regulations.
Also, the following changes came in, again from 6th April 2012
1. The landlord or agent will have a longer period to protect. Rather sensibly, up from 14 days to a more reasonable 28 days.
2. A landlord can still protect after this time but will not have any defence to a claim by the tenant for a penalty payment. And a tenant will be able to bring a claim for this, both during the tenancy and afterwards, right up until the Statute of Limitations kicks in – which means for up to 6 years after the tenant moves out. So, for all this time landlords will be at risk if they have not protected the deposit within the 28 days
3. The penalty payment will go down. No longer will it be a fixed 3 times the deposit sum, but will be any amount between one and three times the deposit sum – the exact amount will be at the discretion of the Judge.
4. The new rules appear to be retrospective and will therefore catch all deposits taken before 6 April 2012 which are not protected.
What Does It Mean for Landlords?
So, landlords who have not protected their deposits and / or served the notice must do so as soon as possible or risk finding their tenants bringing a claim that they will be unable to defend, even years later.
The new rules also affect section 21 notices. At present a section 21 notice is unenforceable until the deposit is protected AND the notice with prescribed information is served on the tenant.
After 6, April 2012, this has changed and a landlord will NOT be able to correct this by protecting the deposit and serving the section 21 out of time
“These changes are a bit more draconian than many will expect and we suspect that many landlords, lulled into a false sense of security by the two Court of Appeal decisions, will find themselves having to make substantial payments to tenants in times to come.”
The onus will be on landlords to make sure that this does not happen to them by ensuring that all tenants’ deposits are protected with the proscribed notice issued.
In another change, from 6 April 2012, landlords and letting agents will have just seven days to produce an Energy Performance Certificate (EPC) after they’ve started marketing the property for new tenants, rather than the previous 28 day period.
|
 |
|
|
|
|
 |
 |
What is private rented property licensing?
Newham has become the first borough in the country to license all private landlords.
The Mayor and Newham councillors approved the pioneering scheme - covering an estimated 35,000 private tenancies (one in three of all the borough's households)
What does this mean to Landlords?
Licensing is broken up into 2 sections; mandatory licensing, additional and selective area licensing.
In a nutshell - the entry level licence which is applicable to every rental property in the borough of Newham is called a selective area licence, this license costs £500 and must be held for each rental property owned by a landlord in the Borough of Newham.
The next level of licence required, is called an additional license which also costs £500, however this licence is applicable to larger type (middle sized) properties which may accommodate a larger number of occupants who may share facilities within the property. The exact criteria for this licence is set by the borough on an individual basis after taking into account room sizes, number of bathrooms etc To find out if your property falls under this criteria you will need to call the borough of Newham and give them the property details, they will then guide you accordingly..
The final level of Licence required is called a mandatory licence. Mandatory licenses can cost anything from £500 to several thousand pounds; however our experience tells us that the cost is in the region of £900 - £1200 in the Newham area.
The mandatory licence requires the landlord to implement a number of health and safety improvements to the property, including mains supplied fire alarms, extra bathroom facilities (dependent on number of occupants), these are just a couple of examples, Please contact your local borough for further information.
All of the licenses are usually granted for at least 5 years.
Please see some further useful information below.
Mandatory Licensing: of certain Houses in Multiple Occupation (HMOs)
Mandatory HMO licensing applies to all HMOs of three or more storeys, occupied by five or more persons living in two or more households. It is intended to apply to those HMOs considered to present the highest risk to the health, safety and welfare of the occupiers.
How do I work out how many storeys there are?
When counting the number of storeys in the building you need to include:
• basements and attics if they are occupied or have been converted for occupation by residents
• any storeys which are occupied by you and your family if you are a resident landlord
• all the storeys in residential occupation, even if they are self-contained
• any business premises or storage space on the ground floor or any upper floor
What is a household?
'Households' for the purposes of the Housing Act 2004 includes members of the same family living together who are:
• couples married to each other or living together as husband and wife (or in an equivalent relationship in the case of persons of the same sex)
• relatives living together, including parents, grandparents, children (and step-children), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins
• half-relatives who are treated as full relatives
.
• a foster child living with his foster parent is treated as living in the same household as his foster parent.
Assistance is available from the Council’s Private Housing Team by telephone on:
020 3373 1950 or online at www.newham.gov.uk/propertylicensing, or:
By e-mail: propertylicensing@newham.gov.uk or:
By writing to Private Housing, London Borough of Newham, 3rd Floor West Wing, Newham Dockside, 1000 Dockside Road, London, E16 2QU. The Designation may be inspected at the above address during office hours.
Homes in Multiple Occupation (HMO): Additional Planning Controls
In July 2012 the Council agreed to procedures to bring in greater control over small HMOs. When the powers come into effect change of use from a family house - Class C3 - to a HMO (3-6 Occupants) - Class C4 would require planning permission. A fee would not be charged for such an application. To bring this control into effect a 12 month notification commences from 31st July 2012.
Upon the Designation coming into force on 1st January 2013 any person who operates a licensable property without a licence, or allows a licensed property to be occupied by more households or persons other than as authorised by a licence, is liable to prosecution and upon summary conviction is liable to a maximum fine of £20,000. A person who breaches a condition of a licence is liable upon summary conviction to a maximum fine of £5000
|
 |
|
|
|
|
 |
 |
Licensing is broken up into 2 sections; mandatory licensing, additional and selective area licensing.
For details about other types of licencing (selective and additional) Please see our link above: private rented property licencing in Newham; this link explains HMO mandatory licenses only.
Mandatory Licenses — All properties that are 3 stories or more, this does include basements and attics, which are occupied by 5 or more tenants where more than 2 tenants are unrelated, creating more than 2 households, these will be an HMO and require mandatory licensing.
What is a household?
'Households' for the purposes of the Housing Act 2004 includes members of the same family living together who are:
• Couples married to each other or living together as husband and wife (or in an equivalent relationship in the case of persons of the same sex)
• Relatives living together, including parents, grandparents, children (and step-children), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins
• Half-relatives who are treated as full relatives
.
• A foster child living with his foster parent is treated as living in the same household as his foster parent.
Assistance is available from the Council’s Private Housing Team by telephone on:
020 3373 1950 or online at www.newham.gov.uk/propertylicensing, or:
By e-mail: propertylicensing@newham.gov.uk or:
By writing to Private Housing, London Borough of Newham, 3rd Floor West Wing, Newham Dockside, 1000 Dockside Road, London, E16 2QU. The Designation may be inspected at the above address during office hours.
What are the license requirements?
All licenses will have provisions for anti-social behaviour by tenants which will ultimately be the responsibility of the landlords.
In addition to this the license will specify how many tenants can reside at the property and the minimum facilities required including the number of toilets, baths, showers and kitchens etc. |
 |
|
|
|
|
 |
 |
From the 1st of October 2008, all rental properties with a new tenancy in England and Wales are required to have an Energy Performance Certificate (EPC).
The landlord will need to provide an EPC, which will be valid for ten years, to prospective tenants the first time you sell or re-let your property; however you will not need to provide an EPC certificate to tenants that renew their contracts as it is not necessary to supply an EPC to an existing tenant.
What is an Energy Performance Certificate?
The Energy Performance Certificate tells you how efficient and environmentally friendly your property is. The energy efficiency is worked out on a scale of A-G.
A, being the most efficient and G, being the least.
Part of the EPC is a recommendation report which will list the potential rating that your home could achieve, if you made changes. The report lists improvements that you could carry out and how this would change the energy and carbon emission rating of the property.
* You can use this information to help cut our fuel bills
* Improve energy performances in your home.
* Help cut carbon emissions
Who carries out the EPC’S?
Energy Performance Certificates are carried out by a fully qualified Domestic Energy Assessors (DEAs). The assessor will visit your property and assess the age construction and location of all the information that he takes down will be fed into a computer, which will calculate ratings and generate a certificate. Either yourself or your letting agent can organize this for you. Each property will require an EPC which will last for 10 years.
How do I get one?
Please contact us for details of an authorised assessor on 020 85556969 |
 |
|
|
|
|
 |
 |
We believe that it is vital that both Landlords and Tenants are aware of their legal rights and obligations. Below are some essential questions and answers.
As a Landlord do I have to perform an annual electrical safety check on my rented property?
The Electrical Equipment (Safety) Regulations 1994 governs the safety requirements of electrical appliances. As a result Landlords and managing agents have a duty of care to ensure that the electrical appliances that they provide are safe to use. This regulation relates to both new and second hand goods; however, there is no mandatory checking period.
If a fault occurs at a later date and tenants are injured and you are taken to court you will need to provide evidence that you took reasonable steps to ensure that the appliances were safe to use. It is strongly recommended that any second hand appliances that you have are professionally tested and that all your appliances have the relevant CE symbol on them. It would be advisable that you carry out checks on all your appliances and maintain records of when you carried out these checks, you will also need to provide all the instruction booklets for all the appliances and if you are in doubt over the condition of any appliance then get it checked by a qualified electrician.
Should an incident occur and you are found to be guilty you can be charged both with a criminal offence and with Civil offence. The criminal offence carries a maximum fine of £5,000 and/or imprisonment.
I have a fixed 12 month contract which is due to come to term in two months time. Do I still have to provide notice to our Landlord?
At the end of a fixed term in an Assured Shorthold Tenancy, the tenancy will automatically become a periodic tenancy unless either you or your landlord has served notice or agreed to renew your tenancy. It is therefore advisable that you serve your landlord a month's written notice and the likewise for your landlord he/she should serve you the minimum of two months notice which should not expire any sooner than end of the fixed term.
In some cases your landlord may have served a section 21 at the start of the tenancy stating that at the end of the 12month period they want to take possession of the flat, in such circumstances you will not need to serve notice.
Can I use my deposit as my last months rent?
Deposit monies are given to landlords as a security against damage caused by the tenants during the tenancy and the settlement of any outstanding bills left by tenants. Therefore the deposit can not be used as the last months rent, some tenants find this unfair when they have dealt with unscrupulous landlords who withhold deposits. This problem has been tackled by new legislation written into the Housing Act 2004; Tenancy Deposit Scheme has been implemented to safeguard tenants' deposits.
My Landlord is withholding my deposit, what can I do?
When a tenancy ends it is normal practice for the landlord to carry out a check out of an inventory or at least an inspection of the property. Once this has occurred then the landlord can make any necessary deductions for damage to the flat or furniture or for any outstanding utility bills or rent arrears. However, the landlord can not make any deductions for normal wear and tear; he/she can not withhold your deposit without providing you a written notice within 14 days of you vacating the property of why and what for. Should you disagree with the reasons or the landlord is not providing you with a reason you should contact the deposit scheme where the landlord has protected your deposit. Each deposit scheme has an arbitrator available at no cost to liase with both parties for a satisfactory conclusion.
What is the Landlord responsible for?
• Repairing obligations to the structure and exterior of the property; heating
and hot water installations, sinks and other sanitary installations.
• Ensuring that all gas and electrical appliances are safe.
• Ensuring that the furniture and furnishings within the property meet the fire
safety standards.
What is the Tenant responsible for?
• Paying the rent in the agreed manner and taking proper care of the property
• Paying the utility bills for the property as agreed with the Landlord, such as
gas, electricity and telephone.
• Paying council tax, water and sewerage charges as agreed by the Landlord.
Does a Landlord have to provide a Gas Safety Certificate for each new Tenancy?
NO. The legislation in place relating to the installation and maintenance of gas appliances (Gas Safety (Installation and Use) Regulations 1998) demands that all Landlords must ensure that any gas appliances within their rental property is inspected and passed annually by a CORGI qualified engineer. Failure to comply with the regulation carries a fine of up to £5,000 and/or imprisonment of six months (or more). The Landlord is responsible for keeping a record of all the Safety checks and provide the Tenants with a copy.
A Tenant has informed his/her Landlord about a repair, however the Landlord has failed to carry out this obligation, what are the Tenants rights?
Depending on how the disrepair occurred in the first place then the tenants rights are as follows. The Landlord is not responsible for the repairs arising from the damage caused by the Tenant. If the damage was caused by the Tenant then the Tenant would be responsible for paying and ensuring that the work is carried out. Apart from this the Tenant only has to do repairs if the terms in the Tenancy Agreement say so.
If the Tenant has tried on numerous occasion to get the Landlord to carry out his repairing obligations and has no success then he can either:
• sue the Landlord in court
• seek help from the local authorities as they have powers to ensure that the
Landlord does the repairs
• or in some circumstances, if the right procedure is followed then the Tenant could do the works and take the cost out of the rental payment, (please contact our offices for more details of the correct procedures)
Tenants need to know that with holding rent would be in breach of their tenancy terms and the Landlord could take action to repossess the property!
|
 |
|
|
|
|
 |
 |
The landlord must advise all of their insurers if their property is rented as failure to do so may invalidate the policy. As well as insuring for buildings cover, landlords may also wish to consider insuring their own contents and to take out public liability cover in case of injury to a tenant in the property.
|
 |
|
|
|
|
 |
 |
Letter of Instruction
We thank you for your instructions to act as your Agent to let your property and set out in this Instruction Letter the responsibilities and terms agreed by both parties.
Tenancy Agreement: Unless otherwise instructed in writing Movers will provide the appropriate tenancy agreement and sign it on your behalf.
Safety Regulations
Gas Safety: If your property has a gas supply connected, a Safety Certificate must be issued prior to the commencement of the tenancy by a CORGI registered Plumber. We will unless otherwise instructed arrange for this to be carried out on your behalf at a cost of £65.00 plus Vat
Electrical Safety: Although not a statutory requirement it is recommended that a Portable Appliance Test (PAT) and General Electrical inspection is carried out as a duty of care to the tenant’s safety. We can arrange this on your behalf at a cost of £65.00 plus Vat (All tests must be carried out by an NICEIC approved Electrician)
Utilities: You are responsible for ensuring that meter readings are provided to the relevant authority prior to the commencement of the tenancy. We cannot accept any responsibility in the event of your failure to notify the necessary authorities of the change of occupier or the tenant’s failure to register the services in their name.
Guaranteed Rent Insurance: Movers can provide a Rent Insurance Policy on all lets (subject to acceptance). Please contact our offices for more information and cost.
Rent Insurance Upgrade: Our policy has one month excess however, we are able to upgrade your rent insurance to a non excess policy (subject to acceptance) if required. The charge for this option varies according to the rent payable and rates start from £75 per year for rent up to £2,500 plus Vat, rates for higher rents are available upon request.
Deposit: Movers do not hold tenants deposits for or on behalf of any tenant or Landlord. It is the Landlords responsibility to protect the tenants deposit within one of the government approved schemes. You follow the scheme rules to avoid any problems later on. Please note: should the fee paid to Movers from the Landlords account leave the tenants deposit with a shortfall then it is the Landlords responsibility to top up the deposit and protect it in one of the government approved schemes.
Inventories: We will require an Inventory or Schedule of Contents and Condition Report 48 hours prior to the tenancy commencement. If this is not supplied by you, we will carry out one on your behalf and deduct the cost from the first month’s rent or the landlords account. Please contact our offices for more information and cost.
Landlords Account: The Landlords account shall mean any amount paid to Movers by the tenant or applicant tenant, this amount will consist of the first months and any subsequent month’s rent collected, the tenant’s deposit, and any other funds which may have been received by Movers from the tenant/applicant or landlord.
Fees
Calculation of Fees: Regardless of which service you choose fees will be based on the amount of rent agreed multiplied by the term of the contract or the period of time the tenant remains in occupation whichever is the longer (Please see our ‘Scale of Fees on page three of this document) Note: Finders fees included in any of our services are non refundable Movers may have invoiced you a finder’s fee for the initial commencement term only, the Landlord agrees to pay movers the finder’s fee for any extension, renewal, or continuation of the tenancy at the same rate of 10%, (unless agreed otherwise in writing), of the annual rent plus VAT (pro rata) for the entire time the tenant remains in occupation
Finder’s Fees For Let/Finders Only Service: The finder’s fee within any of our services will be calculated as described in the above calculation of fees and is payable for the duration of occupation by a tenant which movers London limited have introduced to the landlord. The landlord agrees to pay movers the finder’s fee for the duration of the tenancy, including extensions or renewal of the tenancy..
Renewals/extensions: In the event of any tenancy being renewed or continued/extended, a further commission will be payable at the same rate as the initial commission stated in this agreement, including the finder’s fee, whether initiated by us or not.. For clarity purposes our managed property fee includes a finder’s fee as well as the ongoing management fee, the finder’s fee is also payable at the same rate as the original commission in this agreement in the event of any tenancy being renewed or continued/extended. .
Marketing Withdrawal Fee: If you withdraw your property from the market once a tenant has been found, and a pre tenancy deposit taken from the prospective tenant, a cancellation fee of 50% of the full fee agreed plus VAT will be payable to cover our costs
Let/Finders Only Service
Finder’s Fees for Let/finders Only Service: Our let only service includes a finder’s fee, which is 10% of the annual rent plus VAT, unless otherwise agreed in writing. The finder’s fee will be calculated as described in the above calculation of fees and will be deducted from the funds received by Movers from the tenant at the outset, namely the first month’s rent and deposit, which is known as the Landlords Account. Should the Landlords Account not have enough funds in it to pay Movers commission in full then the Landlord agrees to pay any outstanding amount to Movers within 7 days from the commencement date of the tenant/s taking occupation of the property or 7 days from the date of the invoice. Note should the fee paid to Movers from the Landlords account leave the tenants deposit short then it is the Landlords responsibility to top up the tenants deposit to the correct amount and protect it within one of the government appointed schemes. Please see Deposits on page 1
Maintenance: We regret that we cannot carry out any maintenance for Let Only properties unless we have received full payment including our charges prior to any work being instructed. Movers charge for dealing with this on your behalf is either £25 or 10% plus VAT of the contractors invoice whichever is the greater
Keys: We require 1 full set of keys per tenant. Keys not supplied and cut on your behalf will be charged to your account and will either be invoiced or deducted from monies received.
Postal Redirection: It is your responsibility to arrange for mail to be redirected
House Check: We do not carry out any Check-In or Check-Out reports for Let Only properties however, should you require us to do so, this will be charged at £75.00 for each Check-Out or Check-In carried out. This service is only offered on a pre-payment basis.
Rent Collection Service (in addition to let/finders only service)
Maintenance: We are able to carry out maintenance on your behalf if requested, however our charge for dealing with this on your behalf is either £25 or 10% plus VAT of the contractors invoice whichever is the greater.
Keys: We require 1 full set of keys per tenant and 1 full set of keys to be held by….Keys cut on your behalf will be charged to your account and will either be invoiced or deducted from rent received.
Postal Redirection: It is your responsibility to arrange for mail to be redirected.
House Check: We do not carry out any Check-In, Check-Out or Property Inspections for Rent Collection properties however, should you require us to do so, this will be charged at £75.00 plus Vat for either a Check-Out/Check-In or £75.00 plus Vat per Inspection.
Property managed service (in addition let/finders and rent collection service)
Maintenance for Managed Properties: We will notify you of all works requiring attention. However we reserve the right to carry out any maintenance works that are required up to the sum of £200. All works in excess of this figure will be agreed first, except in the case of emergencies. In the event that we have been unable to contact you, the company reserves the right to carry out such work as they deem necessary to ensure, that as a landlord you are not in breach of contract.
Managed Property Fees: Managed property fees includes (a) a Finder’s fee, and an additional (b) ongoing monthly management fee
(a) Finders Fees for Managed Properties: The finder’s fee within our Managed Property service is 10% of the annual rent plus VAT, unless otherwise agreed in writing. The finder’s fee will be calculated as described in the above calculation of fees and will be deducted from the funds received by Movers from the tenant at the outset, namely the first month’s rent and deposit, which is known as the Landlords Account. Should the Landlords Account not have enough funds in it to pay Movers then the Landlord agrees to pay any outstanding amount to Movers within 7 days from the commencement date of the tenant/s taking occupation of the property or 7 days from the date of the invoice. Note should the fee paid to Movers from the Landlords account leave the tenants deposit short then it is the Landlords responsibility to top up the tenants deposit to the correct amount and protect it within one of the government appointed schemes. Please see Deposits on page 1
(b) Management Fees for our Managed Property Service: are charged in addition to the finder’s fee and is paid to Movers on an ongoing monthly basis @ 5% plus VAT (unless otherwise agreed in writing) of the monthly rent plus vat, the management fee will be deducted from the rent collected by Movers each month.
Maintenance: Once we have found a tenant and prior to them taking occupation you will be required to provide movers with various information we need to manage your property. E.g. Contact details, Warranties, Guarantees and Maintenance Contracts, Service Agreements and any other pertinent information. Movers cannot be held liable for works completed on your behalf if the information has not been provided.
Maintenance Float: Movers reserve the right to hold at our discretion a £100.00 float on your behalf in our Client’s Accounts.
Keys: We require one full set of keys per tenant and two full sets of keys to be held by Movers. Keys cut on your behalf will be charged to your account and deducted from monies received.
House Check: If you require any additional property inspections apart from the Check In, Check Out, and our normal property checks. These will be carried out at a cost of £75.00 plus VAT per inspection
I/We hereby confirm that I/we understand and agree to the terms and conditions set out in this document and confirm receipt of your information pack. I/we have a legal authority to instruct you in the letting of this and any other property subsequently let on my/our behalf.
These fees are our standard fees unless otherwise agreed in writing with a manager or director of the company.
Management Property Service: 15% (includes finder’s fee @10%) YES/NO
Rent Collection Service: 12.5% (includes finder’s fee @10%) YES/NO
Finder’s Fee for Let/Finders Only Service: 10% YES/NO
All fees are calculated as a percentage of the annual rent and are for the entire length that a tenant is in occupation.
Sole Agency: YES/NO
Energy Performance Certificate: YES/NO £75.00 plus Vat (Please attach your certificate or payment)
Non Excess Policy YES/NO Fee £
Inventory: YES/NO Fee £
This is a Sole Agency Agreement: Sole agency agreements can be converted to Multi Agency by serving a minimum of two week’s notice in writing. However, if a tenant is found either by you or another agent during the Sole Agency period a fee will be due to us at the agreed rate above
Target Rent per Month:
Landlords Name:
Property Address:
Signature: ………… Date: …………
Forwarding Address:
On behalf of movers property limited ………… Date: ……………
Will all owners of this and any other property subsequently let on your behalf remain UK Residents YES/NO
Note: If you intend to reside abroad please read our ‘Taxation for Overseas Landlords’ sheet for further information
Contact Tel. No.
Email address:
Notes:-
|
 |
|
|
|
|
 |
 |
Movers are members of the property ombudsmen and trading standards.
Movers do not hold clients funds therefore, movers are not members of a clients money protection scheme.
All deposits are passed to the landlords who are directed to protect deposits in one of the available schemes.
|
 |
|
|
|
|
 |
 |
Money
Movers do not hold any monies belonging to either the landlord or tenant therefore movers are not a member of a clients money protection scheme.
|
 |
|
|
|
|
 |
|
|
|
|