THE ADVICE PROVIDED WITHIN THIS SCHEDULE IS PROVIDED TO ENSURE YOU ARE AWARE OF YOUR BASIC OBLIGATIONS AND RISKS WHEN RENTING OUT A PROPERTY. IF REQUIRED, WE CAN ASSIST WITH FURTHER INFORMATION ON ANY OF THE MATTERS OUTLINED. CERTAIN OBLIGATIONS ARE HANDLED BY US AS PART OF THE SERVICES WE PROVIDE TO YOU. SEE THE PREVIOUS SCHEDULES FOR CLARIFICATION OF WHAT IS INCLUDED WITHIN THE DIFFERENT SERVICES. EVEN IF THE OBLIGATION IS NOT HANDLED AS PART OF THE SERVICE YOU REQUIRE, WE WILL BE ABLE TO ASSIST YOU IN MEETING IT. PLEASE ASK US FOR FURTHER INFORMATION.
There are a number of different types of tenancy that may be appropriate, depending on your position and the requirements of the tenant. Assured Period Tenancies (APT) are the default for most tenancies; however, we can advise you where alternatives are appropriate.
As of 1st May 2026 an APT is likely to be appropriate. These agreements are periodic from the start and tenants can issue a notice to the end the tenancy at any time. You, as the landlord, cannot now issue a no fault notice to end the tenancy, unless you intend to sell the property or where a member of your family is going to take up residency at the property. A 12 month embargo on re-letting takes effect from the date you end a tenancy on either of these 2 grounds We can advise you further depending on your circumstances and requirements. You may wish to consult a solicitor to ensure you are aware of all the legal implications of renting out a property.
Your tenant can serve notice to end the tenancy at any point from the start of the tenancy. The notice period is a minimum of 2 months. The notice period must end on a rent period end date. Rent periods are typically 1 month. E.g. If the rent period is one month and the rent is payable on the 1st day of the month the 2 months notice must end on the last day of the 2nd month following the date the notice was served on you.
The rent quoted should exclude all outgoings for which you are responsible (i.e. property buildings insurance, ground rent, service charges etc.). Landlords are not responsible for gas, electricity, other fuel, telephone, water rates including sewerage and environmental charges and the council tax; all of these would be the tenant’s responsibility.
Tenants can request permission to have pets at your property. Consideration must take place and you cannot unreasonably withhold consent, but may set reasonable conditions to protect the property. Conditions may include restricting numbers of pets or restricting breeds of dogs. A written response must be provided.
You may need to make reasonable minor adjustments to the property, if your tenant is disabled in any way and they request changes. For example:
You will not be required to make any changes that would involve removing or changing the physical features of the property, such as, alter the walls, floors or windows.
No matter how carefully a tenant is vetted, the future cannot be predicted. Redundancy, lengthy illness or matrimonial upset all affect tenants who may then not pay the rent or abscond. Sometimes, these and other problems can only be resolved by legal action and we would recommend you take out a legal protection insurance policy to cover any costs that would be incurred.
Tenants have the right to “quiet enjoyment” of the property and as such they must be given a minimum of 24 hours’ written notice prior to landlords, agents or contractors entering the property, unless it is an emergency.
At the end of a tenancy allowance must be given for fair wear and tear of any item included in the tenancy, which is based on the following factors: -
A HMO is basically defined as a “house occupied by persons who do not form a single household”. If the house is going to be in multiple occupation it may require a local authority HMO mandatory licence or it may require a non-mandatory or additional licence with the local authority. Local authorities have differing standards depending on a host of issues relating to the property. Compliance is vital and so you should determine what the requirements are for your property before considering making the property available as a HMO. We can assist you if requested. Should you wish to market your property as a HMO through us we will require copies of all relevant documentation and your HMO licence prior to marketing.
It is essential for formal permission to be obtained from any mortgage lender. If you have an existing mortgage secured against the property you propose to let you must approach your mortgage company before entering into any formal tenancy agreement. Most Lenders publish a list of conditions to be met, including sight of the Tenancy Agreement, before they will grant permission. Most would charge a nominal sum to cover administration costs. We require confirmation from you that permission is, or will be, granted before proceeding to find a tenant. If the mortgage lender imposes any special conditions on the letting of the property you must inform us prior to a tenant being found, because once a tenancy is granted no further conditions can be imposed upon the tenant or inserted within the tenancy agreement.
In the case of leasehold property, the Head Lease may make specific reference to sub-letting which may mean you require permission to sub-let from your Superior Landlord. Also, some management committees require an interview with prospective tenants. Often the lease will contain covenants affecting the tenant so we will require a copy of the lease to pass on to any tenant. If your lease requires consent from the superior landlord prior to letting it is your obligation to obtain consent and to pay any costs incurred to obtain the consent.
If you are a Lessee and pay periodical payments to a Landlord or an estate “Management Company” you should arrange to pay these direct. It is not the Tenants responsibility to pay management fees/ground rent on your behalf. You may also need The Lessor’s written permission to let your house and you should check the terms of your Lease for this.
We recommend that you register, at the commencement of the tenancy, on TAP (tenant address portal for water billing in England and Wales). This can protect you from becoming liable for any unpaid water bills the tenant may incur.
The ruling for council tax varies from council to council and you should therefore check on the official government website to clarify whether you are able to apply for any discounts whilst your property is in a void period. Whilst a tenancy is active Council Tax is the responsibility of your tenant. Please use this link to investigate your own personal situation: https://www.gov.uk/council-tax/second-homes-and-empty-properties
You should make certain that your property and any contents that you leave as part of the tenancy agreement are adequately insured and that your policy covers you for letting out the property and includes public liability insurance. Many domestic household policies will not be sufficient. Check with your insurer. It is your responsibility to make sure this insurance remains in force during the full term of the tenancy.
A valid EPC is required for all properties offered for rent. The EPC must at least be commissioned before marketing commences and should be in place within 7 days. If it is not in place within 28 days the property must be withdrawn from the market until the EPC is available. The energy rating of a residential rental property must be at least E rated. Residential Properties rated F or G cannot be rented out, unless you, the landlord, have a personal exemption that is registered on the Private Rented Sector Exemptions Register.
Tenants may leave the mains water on; central heating systems running; mains electric on and more. We do not accept any responsibility or liability for tenant’s actions on vacation of the property. In void periods you are responsible for all utilities, council tax and insurance. You are advised during the winter months to ensure that water systems are drained down or leave some form of heating on to avoid burst pipes.
If a telephone service is currently supplied to your property, then it is usual for you to terminate the supply with British Telecom or whoever your supplier is. The tenant will then enter into a new agreement with whichever supplier they choose. It is not, however, possible to require a tenant to maintain a telephone at the property and, since this becomes a private arrangement, the telephone number may be altered by British Telecom/cable without reference to you. Should any tenant not require the telephone service, then the service is terminated and a re-connection charge will be due if you resume personal occupation.
Before vacating the property it is advisable to arrange for the Post Office to re-direct mail, since neither we, nor the Tenant can be held responsible for your mail, which may go astray.
This legislation is linked to the Landlord and Tenant Act 1985 and it places obligations on landlords to ensure rental properties are generally safe and fit for habitation. Failure to meet these general requirements can result in large penalties being imposed by local authorities. The general requirements are that the property should -
Where the property has a gas supply the Gas Safety (Installation & Use) Regulations 1998 require all landlords to have all gas appliances and installations inspected prior to a tenancy commencing and on an annual basis thereafter. The work must be carried out by a qualified GASSAFE technician and can be arranged by your own fitter or through our us. If it is your own fitter we will require a copy of his GASSAFE registration and public liability insurance as well as a copy of the safety check certificate prior to the start of the tenancy.
You must obtain Electrical Inspection Condition Report (EICR) from a qualified and competent electrical engineer to ensure the electrical installation is safe and meets all legal safety requirements. This EICR report must be renewed at least every 5 years. The report must be passed to the tenant at the start of the tenancy.
Before the commencement of a tenancy and on a regular basis during a tenancy all portable electric appliances included within the tenancy agreement should be electrically tested (also known as PAT testing) to confirm they meet the Electrical Equipment (Safety) Regulations 1994 and the Consumer Protection Act 1987.
For the tenant’s safety and to ensure they look after your property and contents you must provide instructions for the safe use of anything remaining at the property. In particular instructions for use of central heating systems, cookers and other electrical and gas appliances must be provided. Additional guidance notes should be provided detailing where stop cocks, meters and burglar alarm controls are situated.
Any upholstered furnishings (excluding carpets and curtains) that are left in furnished properties must conform to the Furniture & Furnishing (Fire) (Safety) (Amendment) Regulations 1993 and have the original manufacturers labels attached to them. Where we manage the property, we reserve the right to remove the item from the property and to store or dispose of it at the Landlord’s expense if no label is attached.
All properties built from June 1992 must have mains fitted smoke alarms with battery backup. All other older properties must also have smoke alarms fitted in an appropriate place on each floor of the property. These can be mains or battery operated. It is the landlord’s obligation to be able to show that they were in working order at the start of the tenancy. Instructions on the use of the alarms must also be provided to the tenant. As part of the tenancy the tenant will become responsible for changing the batteries once the tenancy starts; however, where the tenant advises the landlord of a problem with the device the landlord must replace/repair the alarm.
A carbon monoxide alarm is required in any room of the property that contains a fixed combustion device that is powered by gas, oil, coal, or wood, excluding gas cookers. These can be mains or battery operated. It is the landlord’s obligation to be able to show that they were in working order at the start of the tenancy. It is best practice to fit these at roughly head height. Instructions on the use of the alarms must also be provided to the tenant. As part of the tenancy the tenant will become responsible for changing the batteries once the tenancy starts; however, where the tenant advises the landlord of a problem with the device the landlord must replace/repair the alarm
These appliances must be safe and as such a safety certificate provided by HETAS is required prior to the commencement of the tenancy and a carbon monoxide alarm is required in the room.
If such a system is installed in your property, you will need to take a tank reading prior to any tenancy starting, together with the capacity of the oil tank. This and full details of the supplier must be provided to the tenant. We recommend that all oil appliances are serviced and safety checked regularly and a carbon monoxide alarm is required in the room.
You are required to undertake a formal risk assessment of the water systems within the property to be let. You have a legal duty to ensure that the risk of a tenant's exposure to Legionella is properly assessed and controlled. You can carry out a risk assessment yourself or employ a professional to carry it out for you.
If internal glazed doors and partitions are fitted it is important that they are either glazed in toughened glass, have safety film over them or the panels are taken out.
Yopu have a responsibility to ensure all blinds installed in the property that use cords or chains are safe. Blinds installed after February 2014 must be compliant with the European child safety standard. Those installed prior to that date must either be made safe by the addition of a compliant safety device, such as chain tensioner or cleat, or they should be replaced. If you require more information go to https://makeitsafe.wpengine.com/wp-content/uploads/2021/04/BBSA-Guidance-for-Landlords-v1-April-21.pdf.
Suitable banisters and handrails must be fitted to stairways and be properly maintained so as not to provide a danger to tenants.
These are a fire hazard and should be removed before a tenant can occupy the property.
If there is a pond in the garden and children are to occupy the property precautions must be taken to make the area safe.
Over the years owners of a property has been defrauded by another person obtaining a large mortgage on the property or selling it. To help prevent such instances arising the Land Registry has introduced a system whereby the owner of a property can register up to three addresses with the Land Registry including an email address and an address abroad. All landlords should go to the Land Registry website www.gov.uk/protect-land-property-from-fraud for guidance and the relevant registration form.
This is a vital process for a landlord, especially where a security deposit is taken. It is your obligation to PROVE that the tenant damaged your property/contents. Therefore, if the tenant causes any damage and you do not have an inventory and schedule of condition report undertaken there is little chance of retaining any of the deposit at the end of the tenancy. Furthermore, if the damage repairs cost more than the deposit amount it will be very difficult to succeed with any civil claim against the tenant to recover those costs. Please ask us for more information.
If you have a Maintenance & Service Agreement provide details to the tenant, including the relevant Service Contract number and who to contact. A copy of the contract should be left at the property for use by the tenant in case of emergency.
It is not the responsibility of a landlord to replace fitted carpets during the period of a tenancy unless they provide a risk caused by fair wear and tear. We recommend that you provide fitted carpets where appropriate to attract a tenant. If your property is an upper floor self-contained converted flat, then the floors must be hard boarded to create a fire barrier before the carpets are laid.
It is possible to let your property either furnished, part furnished or unfurnished. However, fitted carpets and curtains should remain in all properties. The majority of tenants prefer unfurnished properties. If you leave equipment such as washing machine, dishwasher, freezer or similar items these can be included in the inventory with the stated observation that any repair costs due to accidental damage will be at the tenant's expense. Please remember that your property will be subjected to the stresses and strains of everyday living and you may incur costs due to fair wear and tear of any items you include within the tenancy agreement. We must emphasise that it is vital you remove any items not easily replaceable or of exceptional value.
You have a legal responsibility to keep the structure and exterior of the property in good repair including walls, roof, guttering, drains, external pipes and any flagstones or steps giving access to the property. The landlord must also keep in repair and “proper working order” all installations for the supply of gas, electricity and water, sanitary installations and any installations that provide heating or hot water. To avoid unnecessary bills, it is sensible to have any major items of equipment serviced prior to a tenancy and to consider taking out service contracts.
During the winter months, if the property is unoccupied, we would recommend the general plumbing and central heating systems are drained down. We can undertake to carry out this work if requested, the charge being paid from the rental account.
You need to provide the tenant with the appropriate tools to maintain the garden and hedges. Tenants will not generally maintain the garden if it is not in good order when they take up occupation. We therefore recommend the garden is presented in a good order at the start of any tenancy. In certain situations it is advisable to include appropriate gardening equipment within the tenancy to assist the tenant and ensure the garden is maintained to a good standard.
The income from letting your property is taxable. It is in your best interest to seek qualified advice from a Tax Advisor or accountant. The Inland Revenue instruct Letting Agents annually to provide details of all Landlords. We provide monthly financial statements to assist you in this aspect of your financial planning (see landlords undertaking).
If you are a civilian resident outside the U.K. for more than six months in any tax year, whether for work purposes or other reasons. In these cases we must retain a portion of the rental to meet your tax obligation, unless we have authority from the Inland Revenue to pay the rent to you without making a retention for tax. To obtain this you must file an NRL1 form with HMRC. Information and forms can be found online at the non-resident landlord section of the HMRC website: www.hmrc.gov.uk/cnr/nr_landlords.htm
Please note that your tax affairs must be up to date to qualify for this approval. Until that approval number is given to us by the Inland Revenue we are legally obliged to deduct tax from your rental income at the prevailing rate. This money is forwarded to the Inland Revenue on a quarterly basis. If you are not accepted into the Non-Resident Landlord Scheme, we must deduct tax from your letting income. If the tenant pays you direct and he has not received approval from the Inland Revenue to pay the rent gross he must deduct tax and forward that to the Inland Revenue on your behalf. No person is exempt from this scheme.
85-87 Bayham Street
Camden Town
NW1 0AG
