Hello,
This week we are looking at Landlord obligations for a new Tenancy.
At Bishop Sullivan’s we use a double sided checklist for a property coming onto the market through to closing the file down after the Tenant has moved in. It is definitely not ‘just clicking a few buttons’ which we often hear!
Why do we go to such lengths? Well, quite simply we do not want to put any of our clients at risk. The RLA recently advised there are now 156 separate pieces of legislation for a Landlord or letting agent to follow.
So what are the minimum legal requirements for a Landlord to set up a Tenancy?
- HMOs
If renting to 3 unmarried Tenants EG student or professional sharers you’ll need an HMO licence from your local authority.
Smaller dwellings may also require a license, depending on where it is. Always check with your local council before renting out as legislation is ever changing.
- Furnishing
If your property is fully furnished with portable appliances like a toaster or kettle you’ll need to get them all PAT tested by an electrician. You must also be able to prove all furniture was purchased in the UK after 1996 to comply with fire safety
Perhaps a reason to go unfurnished?
- Overseas Landlord
If you are lucky enough to live abroad for 6 months of the year or more the HMRC will want an NRLi form from you. Best leave 4-6 weeks for that process.
- Paperwork
You’ll need a Tenancy Agreement but don’t be tempted to use WH Smiths 4 page Tenancy Agreement, there is a reason why ours is 18 pages long!
Tenants will need Prescribed Information signed once you have received the deposit. You will then need to register the deposit with one of the 3 schemes
And you must provide Tenants with a copy of the certificate within 30 days of receipt
- Energy Performance Certificate
Your property needs a minimum EPC rating E
- Gas & Electrical Safety
If you have gas at the property you will need a Corgi Registered gas safety certificate annually
It is recommended you also have an electrician provide an EICR report every 5 years. It is not a legal requirement but electricity can kill just like gas. Safety first.
- Right to Rent & anti-Money Laundering
And don’t forget to carry out the Right to Rent check on all Tenants. Extremely important to avoid hefty fines or even a 5 year prison sentence!
It is recommended you comply with anti-Money Laundering regs and obtain a proof of address on all Tenants as well
- Serving paperwork on Tenants
Finally serve Tenants a copy of the gas safety, EPC report and How to Rent Guide before move in day. If you have their permission you can send it by email, which is recorded
All in all there is quite a bit to remember, any mistake can lead to fines or worse! If you have any queries about this blog or any of the other 145 pieces of legislation feel free to contact me below.
If you need any assistance letting your property in Brighton, Hove, Kemptown and surrounding areas or if you just have some general queries please feel free to contact us on +44 (0)1273 646426 or lettings@bishopsullivan.co.uk
Best Regards,
