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Landlord's Responsibilities

As a landlord you will need to consider many points when letting your property, we will assist you in dealing with the many aspects and some of your concerns are covered below:

Council Tax | Main Services | Mortgage/Borrowing | Insurance | Taxes - Your Position
Fair Wear and Tear | Emergency Repairs | Safety | Energy Performance

Council Tax

Once let, we inform the council and the liability to pay ongoing charges falls on the tenant. If a property remains empty and unfurnished it is allowed to remain so for six months between tenants before the landlord will incur charges. Likewise, if a property remains empty and furnished there will always be ongoing charges to the landlord. We are bound to inform the authorities of all changes in circumstances.

Find out your local billing authority and council tax banding

See also further info on discounts and exemption

Main Services

This refers to gas, water and electricity charges. Prior to and between any tenancies these services are your responsibility. As soon as we let your property the local service centres are informed and the tenants resume responsibility for further usage of each service.

Mortgage/Borrowing

Does the property that you are considering to let out have a mortgage or borrowing against it? If so, it is your responsibility to approach your bank, building society or mortgage lender to ask permission to let out the property.

Insurance

Once we let your property you will need to inform your current insurers that you are letting. Please be aware that some insurers will require additional premiums or limit their risk.

Taxes - Your Position

As with any income there is a responsibility to pay tax on rental income - Normally at your standard rate. You can, of course, set your expenses and our fees against your Tax Liability.

Going to live abroad?

You will then be classed as a Non-Resident Landlord. Please ensure you ask for the relevant form. Failure to do so will mean that we will have you deduct tax at source.

Fair Wear and Tear

Please be aware that over a period of time all property suffers depreciation in decor and serviceability. Doors and general woodwork will inevitably suffer more in the winter months. This is counted as Fair Wear and Tear which is your responsibility (being the landlord) to maintain.

Through our careful vetting of tenants negligent damage is low. However, from time to time accidents happen. Any damage that occurs through a fault of the tenant is firmly the responsibility of the tenant and as your agent we will deal with these matters on your behalf.

Deposit Protection

Any landlord taking a deposit from their tenant is no longer able to either, hold it themselves, or earn interest on it. As part of the Housing Act 2004 the Government introduced tenancy deposit protection for all assured shorthold tenancies (ASTs) in England and Wales where a deposit is taken. From April 6th 2007, all deposits paid under an AST have had to be protected within 14 days of receipt by the landlord.

The legislation aims to ensure that tenants who have paid a deposit to a landlord or letting agent and are entitled to receive all or part of it back at the end of that tenancy, actually get it.

So landlords are now obliged to place the deposit into a government approved scheme such as the Deposit Protection Scheme (DPS) or in exceptional circumstances with an approved agent.

For more info see here:  

Emergency Repairs

It is the tenant’s responsibility to report to us any problems that may occur at the property. If any of these problems should be deemed to be of an urgent nature i.e. water leak, toilet not working, no electricity etc, then we act as soon as possible to get a maintenance person to attend this situation. We ask that they put the situation in order, but, should it be more involved than first meets the eye it is their responsibility to advise us in order to pass this information on to you, the landlord.

We have a comprehensive network of tradesmen and contractors for all manner of property repair and maintenance work, be it routine or emergency.

Safety

All gas appliances need to be inspected and a certificate issued by a *qualified engineer prior to the letting of the property. This has to be renewed annually.

For more info see: Gas Safe LogoNo Corgi

*Please Note from 1st April 2009 the Gas Safe Register will replace CORGI as the official stamp and governing body for gas safety in the UK.

We have links with reliable and professional gas engineers who can provide gas Safety certificates at competitive prices.

click here to request a quote or inspection

A Landlords Electrical Safety Check must also be carried out on all major electrical appliances, (basically anything with a plug) as well as the general safety of the wiring and sockets by a NICEIC registered electrical engineer. The inspection of the wiring must be renewed every five years and the appliances inspected annually.

For more info see:

We can put you in touch with a professional (NICEIC qualified) electrician who can provide you with an electrical safety certificate at minimal cost.

click here to request a quote or inspection

Soft furnishings and furniture must comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. They mustbear a permanent label confirming fire resistance or compliance with British Standards (BS7177). Non-compliance can result in a fine of up to £5000 or six months imprisonment for the landlord or agent.

We recommend that properties are let unfurnished as a result of this legislation.

We must insist you have smoke alarms fitted and checked regularly. The detectors should comply with BS5446 (Part 1). We also advise that you put a small wall mounted extinguisher and fire blanket in the kitchen area.

For general safety it is advisable for you as the landlord to carry out a Risk Assessment on your property prior to it being let out. Especially any trip hazards or pond areas.

Energy Performance

As of 1st October 2008 it is now a legal requirement that an Energy Performance Certificate (EPC) is produced for any new letting on residential property. This is part of the UK governments’ commitment to tackle climate change.

Each rental property must be inspected by a qualified energy Assessor and given a rating A to G according to it’s relative energy efficiency.

The Certificate must be made available, by landlords and their agents, to prospective tenants to enable them to see how energy efficient the property is.

For more information see:

We can organise Energy Performance Certificates, for all our clients, quickly and efficiently and at a very competitive price.

Click here to get a quote or arrange an inspection by our Energy Assessment team

HMO

Please be aware of aware of your obligations under the Mandatory licencing rules of Houses of Multiple Occupation (HMO) that came into force in 2006. Bramley Estates can provide you with general advice but we advise making yourself fully aware of your duties in this regard.

Click here to find out more on the subject.

We send free information leaflets giving up-to-date information on your legal obligations to all clients taking our full management service.

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