Sales and Property lets
in North Devon
Call us on: 01271 816763
How long will it be before my property is rented?
Signature Properties main aim is to attract the right tenant and will ensure
the property is marketed before it becomes vacant therefore avoiding any
long void periods where the landlord is without rent.
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. Further
information can be obtained from the Inland Revenue www.hmrc.gov.uk
Consent from lender or freeholder
If the property to be let is subject to a mortgage or other loan, it is usually
necessary for the landlord to obtain permission from the lender. The
landlord must continue to make arrangements for loan repayments as we
cannot accept responsibility. If the property is leasehold, you may need to
obtain permission from the Freeholder or managing agent before the
property is let.
Important safety regulations
The following safety requirements are the responsibility of the owner (the
landlord), and where we are to manage the property, they are also ours as
agents. Therefore to protect all interests we ensure full compliance with the
appropriate regulations, at the owner’s expense.
Gas Appliances & Equipment
Annual safety check: Under the Gas Safety (Installation and Use) Regulations
1998 and the Gas Safe Register which came into force 1st April 2009 all gas
appliances and flues in rented accommodation must be checked for safety
within 12 months of being installed, and thereafter at least every 12 months
by a competent engineer (e.g. Gas Safe Registered).
Copies to tenants: A copy of the safety certificate issued by the engineer
must be given to each new tenant before their tenancy commences, or to
each existing tenant within 28 days of the check being carried out.
Electrical Appliances & Equipment
There are several regulations relating to electrical installations, equipment
and appliance safety, and these affect landlords and their agents in that
they are ‘supplying in the course of business’. They include the Electrical
Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations
1994, the 2005 Building Regulation – ‘Part P, and British Standard BS1363
relating to plugs and sockets. Although with tenanted property there is
currently no specific legal requirement for a qualified electrician to carry
out an inspection and issue a safety certificate (as exists in the case of gas
appliances), it is now widely accepted in the letting industry that the only
safe way to ensure safety, and to avoid the risk of being accused of
neglecting your ’duty of care’, is to arrange such an inspection and
certificate.
Furniture & Furnishings
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended
1989, 1993 & 1996) provide that specified items supplied in the course of
letting property must meet minimum fire resistant standards. The
regulations apply to all upholstered furniture, and beds, headboards and
mattresses, sofa-beds, futons and other convertibles, nursery furniture,
garden furniture suitable for use in a dwelling, scatter cushions, pillows, and
non-original covers for furniture. They do not apply to antique furniture or
furniture made before 1950, bed clothes including duvets, loose covers for
mattresses, pillowcases, curtains, carpets or sleeping bags. Therefore all
relevant items as above must be checked for compliance, and non-compliant
items removed from the premises.
EPC Certificates
From 1st October 2008 the EU Energy Performance of Building Directive
(EPBD) mandates that a landlord must provide an Energy Performance
Certificate (EPC) for new tenants. If you are renting out your property (buy-
to-lets), you will need to provide a certificate to any prospective tenant.
The EPC, once obtained, is valid for 10yrs, thus if a valid Energy
Performance Certificate still exists when changing tenants a new certificate
is not required. Signature Properties can arrange for an EPC to be carried on
your behalf, please ask for further details.
Tenancy Deposit Scheme
As from the 6th April 2007 the government implemented the Tenancy Deposit
Scheme, part of the new legislation governing residential lettings from the
Housing Act 2004.
It is now mandatory for the deposit or bond for a property to be paid to a
third party who will resolve any disputes if there are any regarding the
return of this money at the end of the tenancy.
This is seen as a fair way of ensuring that a tenant or whoever pays a deposit
is entitled to get all or part of it back at the end of the tenancy.
Where tenancies are created on or after the 6th April 2007 there will be a
legal obligation on the landlord or agent to pay the deposit or ‘bond’
obtained for the property to a Government accredited Scheme Administrator
who will hold it securely throughout the duration of the tenancy.
The landlord or the Agent must advise the tenant with 14 days which
accredited scheme the deposit is lodged with.
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.
Money Laundering
Under the Money Laundering Regulations 2003, both Landlords and tenants
are required to provide identity and proof of residency.
Preparing the property for letting
We have found from experience that a good relationship with tenants is the
key to a smooth-running tenancy. As Property Managers the relationship part
is our job, but it is important that the tenants should feel comfortable in
their temporary home, and that they are receiving value for their money.
Our policy of offering a service of quality and care therefore extends to our
tenant applicants too. At Signature properties we firmly believe quality
properties attract quality tenants.
General condition
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 machines, fridge/ freezers, cookers,
dishwashers etc. should be in usable condition. Repairs and maintenance are
at the landlord’s expense unless misuse can be established.
Decorations
Interior decorations should be in good condition, and preferably plain, light
and neutral.
Furnishings
There is no monetary difference between letting a furnished or unfurnished
property. However we recommend that you leave only minimum furnishings
and these should be of reasonable quality. If you are leaving your property
unfurnished then we recommend that the property contains carpets,
curtains, and a cooker.
Personal items, ornaments etc
Personal possessions, ornaments, pictures, books etc. should be removed
from the premises, especially those of real or sentimental value. 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.
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.
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