Before a tenant moves in, there are a number of issues to be
considered and steps that should be taken. If the property is
subject to a mortgage, the mortgage lender should be informed of
the intention to offer the property for rent. In addition,
insurance policies covering the building may not be valid if the
property is let. It is wise to check with an insurance company
before renting the property out.
Gas Safety
If a property has any gas appliances, they must be checked (at
least yearly) by a qualified CORGI gas fitter. Every rented
property with gas appliances must have a valid certificate.
A copy of the certificate should be shown to the tenant and must be
made available on request. It therefore makes sense to put a copy
in the property.
It is a criminal offence to rent out a property without a
valid gas safety certificate.
Electrical Appliances
All electrical appliances should be checked annually by a
qualified electrician. Although failure to have such a check
carried out is a lesser offence than failure to ensure gas safety,
the principle remains that in cases where injury is caused to a
tenant by unchecked appliances, the landlord will be liable.
What Furnishings to Include
If a property is furnished, all soft furnishings must be fire
retardant. On beds and sofas, all furniture that is retardant will
carry a label to say so. It is an offence to offer a property with
furniture that does not meet the current standard.
If in doubt, it is better to offer the property for rent without
soft furnishings.
If the property is offered with appliances (such as cooker,
fridge, washing machine etc) the contract must make clear who is
responsible for their repair. Although the landlord is always
legally responsible for maintenance of appliances used to heat the
property or provide hot water, the legal position is less clear
regarding general domestic appliances.
Whether or not to use a Letting Agent
The number of letting agencies and the proportion of lettings
that use them has increased in the last few years. Agents can take
responsibility for rent collection, for legal documentation and for
property management in addition to advertising the property. Most
will offer alternative levels of service (from just advertising the
property to full management responsibility).
Each agency will make a charge to take such responsibility,
usually in the form of a proportion of the rent charged. The
landlord is still responsible for the cost of repairs and is named
on legal documentation (such as Court documentation if it is
necessary to take legal action against a tenant).
In the same way as if you were purchasing any service, it is
worth comparing different agencies to compare the service offered
and its cost.
Many landlords choose not to use letting agencies - they have to
be prepared to manage the tenancy themselves - but consider it
better value to do so.
Inventories
An inventory is a list of the fixtures and fittings in a
property. It should also note their condition. Inventories can be
time consuming to compile but can be very important at the end of
the tenancy.
Most landlords expect a damage deposit to be paid by the tenant
when they move in. The inventory is therefore a very important
document if the property (or any of its fixtures and fittings) have
been damaged by the tenant. It is only by comparison with the
inventory that the original condition may be checked and
agreed.
If a landlord keeps a deposit after the tenant has left, the
tenant can take legal action to secure its return to them. It is
therefore advisable to take a copy of the inventory and for both
the landlord and tenant to sign their agreement that the inventory
was accurate on the day the tenant moved in.
Photographs or videos can also form a record of the condition of
the property (particularly if a date-code is stamped on the prints
or tape). It is particularly recommended to take photographs of
damage to a property before repairs are carried out, if a landlord
wishes to keep money from the tenant's deposit to meet the repair
cost.
How much rent to charge
There is no formal rent control in private tenancies. It is
assumed that the landlord will wish to make a profit once any
mortgage costs, insurance, agency costs etc have all been met.
However, a tenant's circumstances can change during a tenancy. A
change of the tenant's circumstances, such as redundancy, ill
health or separation may make it necessary for them to claim
Housing Benefit.
Housing Benefit will only meet the average rent level of the
size needed by the tenant's household. It is possible in these
circumstances that Housing Benefit will meet less than the full
level of rent. Although there is little a tenant (or landlord) can
do in such circumstances, if the landlord is aware of the likely
benefit rate to be paid on their property, it gives a good guide to
the level of rent to charge. The tenant can request a
'pre-tenancy determination' from the Rent Officer, which
will establish how much Housing Benefit can be
paid.