Covering Acton and surrounding areas   enquiries@jwandsons.co.uk

Landlord Guide

We can offer a professional and hassle free service to help find the right tenant for you.

First Stages of renting your property

Valuation

J W & SONS Estate Agents Ltd will initially view the property to assess its rental value. At this point we will answer any questions you may have and determine the most suitable service to meet your requirements. We will also be able to make recommendations where necessary that could potentially increase the rental value of your property. Our advice at this point is completely free and aimed at making sure you have a firm understanding of all your obligations before proceeding to let your property.

Marketing your property

Once you have decided to appoint us as your agent, one of our representatives shall visit the property in order to take some internal and external photographs. We shall use the photographs and the information we have collected to create an attractive advert which we shall display whilst marketing your property.

In order to maximise property exposure, our website is updated daily and our properties are listed on market leading websites such as Zoopla, OnTheMarket, Property Index, Facebook Marketplace, YouTube channel and many more.

Our highly trained and efficient staff will make sure that the best service is delivered to both the landlord and tenant.

   

Presenting the property

As the lettings market becomes more and more competitive, it is important that the property is presented in the best way possible. Without this, the property could remain empty for longer as well as affecting its rental value.

To help a rental property appeal to a wider market, we would suggest the following:

  • Keep the colours in the property neutral.
  • Gardens must be kept maintained (when a tenant occupies the property, the maintenance of the garden becomes their responsibility).
  • Keep the equipment provided and furnishings as contemporary as possible (can still basic).
  • Check for any grouting issues in places such as the bathroom. Any mould issues here can really effect a prospective tenant's decision to rent the property.
  • If the property is a flat with a communal entrance and hallway, make sure that for the benefit of all tenants that this area is kept tidy and clear of debris at all times.
  • Double glazing and gas central heating is another popular feature amongst prospective tenants.
  • In general, try to find and rectify any damages around the property that can be easily seen or experienced.

Obtaining the tenants and referencing

Arguably the most important factor when letting the property is the prospective tenant. The whole success of letting depends on finding the right tenant. If an applicant wishes to proceed with a tenancy, J W & SONS Estate Agents Ltd will assess their suitability.

The references aim to check that each tenant is creditworthy by for example checking for CCJ’s and arrears and obtaining employer, landlord and character references. Once references have been received, we will contact you to confirm the results of this and advise of the proposed checking in date.

All necessary legal paperwork, including an inventory will be prepared and signed and any outstanding balances settled by the tenant before the tenancy commences.

Important safety and legal requirements

Gas Safety

The Gas Safety (Installation and Use) Regulations 1998 say landlords must ensure that gas appliances, fittings and flues are safe for tenant’s use and that installation, maintenance and annual safety checks are carried out by a technician registered with the Gas Safety Register (which superseded CORGI on 1st April 2009).

If everything is safe, you’ll be given a certificate called a CP12 with some possible recommendations. Gas safety checks must be carried out on a property annually. It is advised that you check that the Gas Safe Registered engineer is competent to work in that specific area of gas. This is clearly marked on the back of the engineer's Gas Safe Register registration card.

The landlord must keep a record of the safety check for two years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.

Electrical Safety 

Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 say Landlords of privately rented accommodation must ensure national standards for electrical safety are met and provide the tenant with Electrical Installation Condition Report or EICR.

All electrical certification should be carried out by an electrician whom is registered with the National Inspection Council for Electrical Installers and Contractors (NICEIC).  There are two types of electrical certificate:

Fire Safety

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993) sets minimum fire resistance standards for domestic upholstered furniture, furnishings and other products containing upholstery that remain in a dwelling during the course of a tenancy.

These include any of the following which contain upholstery:

  • furniture intended for private use in a dwelling, including children's furniture
  • beds, head-boards of beds, mattresses (of any size)
  • sofa-beds, futons and other convertibles
  • nursery furniture, garden furniture suitable for use in a dwelling
  • scatter cushions, pillows, seat pads and loose and stretch covers for furniture

The Regulations do not apply to:

  • furniture made before 1950
  • sleeping bags
  • bed-clothes (including duvets)
  • loose covers for mattresses
  • pillowcases
  • curtains
  • carpets

For items that do apply, a suitable label must be attached to the furniture in a prominent position so that the label will be clearly visible to a potential purchaser of the furniture and the wording on both sides can be read with reasonable ease. Examples of these labels can be seen above.

Smoke Alarms & Carbon Monoxide

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 say that landlords must install at least one smoke alarm on each storey of the premises, and a carbon monoxide alarm in any room containing a solid fuel burning appliance. All properties built since June 1992 must have interlinked mains-connected smoke detectors / alarms on each floor of the property. To help protect the investment and to prove compliance with the common law “duty of care”, it is strongly advised that properties built before 1992 are fitted with at least standard (battery powered) smoke detectors/alarms. Smoke alarms must be checked regularly to ensure that they are in full working order.

Energy Performance Certificate

With effect from 1st October 2008, all new tenancies require an Energy Performance Certificate. Their purpose is to determine how energy efficient homes are on a scale of A-G. The most efficient homes - which should have the lowest fuel bills - are in band A. The certificate uses the same scale to define the impact a home has on the environment. Better-rated homes should have less impact through carbon dioxide (CO2) emissions. The average property in the UK is in bands D-E for both ratings.

The certificate includes recommendations on ways to improve the home's energy efficiency to save money and help the environment.

 

Right to rent checks Regulations 2016

From 1 February 2016, all private landlords in England have to check that new tenants have the right to be in the UK before renting out their property. Those checks are carried out as part of our referencing service however it remains landlords responsibility to make sure that the new tenant have the right to rent in UK during their tenancy

Houses in Multiple Occupation

If the landlord wishes to rent their property to multiple occupants, it may mean that a licence is required before the property can be legally rented. Houses in Multiple Occupation are also referred to as “HMOs” and the purpose of the licensing scheme is to improve management and safety standards in this area of the rental sector.

It is now a mandatory duty for:

  • All Local Authorities to have a licensing scheme
  • Owners of certain types of HMOs to have a licence

What is a House in Multiple Occupation and do I need a licence?

A HMO is a building or part of a building which meets one of the following tests:

A -  The standard test
Any building in which two or more households share basic amenities. For example toilets, kitchens, and bathrooms.

B -  The self-contained flat test
Any flat in which two or more households share basic amenities. For example toilets, kitchens, and bathrooms.

C -  The converted building test
Any converted building comprised of one or more units of accommodation that are not self-contained.

D -  Certain converted block of flats
Any converted building comprised of self-contained flats that does not meet the 1991 Building Regulation Standards, and more than one third of the flats are occupied on short tenancies.

A House in Multiple Occupation (HMO) MUST have a licence if it fits:

A  - The Standard test Or
C  - The Converted building test

And
It is more than 3 storeys high (this includes basement and attic rooms)

It has five or more people living there

And
The 5 people make up more than one household (family unit)

For further information on houses in multiple occupation and how this may effect you as a landlord, please speak to one of our representatives

Selective Licensing Scheme?

Where selective licensing applies, unlike the other forms of licensing which relate to HMOs, then normally all houses within the private rented sector for that area must be licensed, except where they require to be licensed as HMOs. Non licensable HMOs must be licensed under Selective Licensing. We will advise you if your property falls within Selective Licencing Scheme but this can be checked on local authority website

Overseas Landlords and Income Tax

The scheme requires UK letting agents to deduct basic rate tax from any rent they collect for non resident landlords. If non resident landlords don't have UK letting agents acting for them, it is their responsibility to inform the Inland Revenue of rental income received, and to pay any tax due. Non resident landlords can apply at any time for approval to receive rent with no tax deducted.

If your intention is to reside abroad then J W & SONS Estate Agents Ltd can offer the following services:

  • Arrange for annual rental accounts to be prepared and be submitted to the Inland Revenue at the end of each tax year. Details available on request.
  • Tax saving schemes relating to earned income abroad and the possibilities of re-investing your income to receive tax-free interest. Again we have the expert advice of a firm of financial consultants on hand, details are available.

Landlords Insurance

Through our association with specialist landlords’ insurers, we can offer comprehensive buildings insurance, rental income guarantee and contents insurance.

Not only does the comprehensive building insurance protect against all the things you would expect, but it is also there to help with a lot more including:

  • Loss of rent and re-letting costs following flood or fire to the property up to 30% of the insured amount
  • The rebuilding of your property following loss or damage
  • Owner’s property liability of £5 million

The Tenancy Deposit Protection Scheme

Under the provisions of the Housing Act 2004 every landlord or letting agent that takes a deposit for an Assured Short-hold Tenancy in England and Wales must join a Tenancy Deposit Scheme. The new regulations came into effect from April 6, 2007. The purpose of this regulation is to ensure good practice. The secondary purpose of the new regulations is to try and keep disputes between landlords and tenants out of the courts by encouraging Alternative Dispute Resolution.

How does it work?

The tenant pays over the deposit in the usual way when the tenancy agreement is signed. The landlord or letting agency has 30 days from the commencement of the tenancy to provide the tenant with details of the scheme that they are using (known as the prescribed information).

If there is no dispute at the end of the tenancy the deposit will be returned to the two parties as agreed. If a dispute has arisen then the parties will be invited to make use of the Alternative Dispute Resolution process that is provided free within the scheme. Should the parties opt for Alternative Dispute Resolution they will be bound by its decision with no redress to the courts.

There are two types of scheme; insurance backed or custodial. Under the insurance backed scheme the landlord or letting agency pays a premium to the scheme but retains the deposit whereas with the custodial scheme the deposit is transferred to the scheme within the 30 day timescale. If a landlord or letting agent does not protect a tenant's deposit and provide the tenant with the prescribed information within the 30 day timescale they will lose their right to regain possession of their property under the Section 21 (notice only) instrument. If the tenant applies to court for their deposit to be protected and it is shown the landlord has not complied with the scheme the court must order the landlord to pay the tenant three times the deposit amount within 30 days.

In November 2006 three companies were awarded contracts by The Government to run Tenancy Deposit Schemes:

Custodial scheme

  • The Deposit Protection Service (The DPS)

Insurance backed schemes

  • Tenancy Deposit Solutions Ltd (TDSL)
    (now trading as my deposits)
  • The Tenancy Deposit Scheme (TDS)

Frequently Asked Questions

What is an Assured Short hold Tenancy Agreement?

The Assured Short-hold Tenancy is the default tenancy for most dwellings in England and Wales. It is a form of Assured tenancy with limited security of tenure, and an important class of residential tenancy in England and Wales. It was introduced by the Housing Act 1988, with important changes made by the Housing Act 1996.

Should I inform anyone else that I intend to let my property?

Yes, if the property is mortgaged, the bank or building society must be made aware of the intention to let the property. They will generally require details of the tenancy before giving their approval. Where the property is leasehold, the freeholder must also be informed of any intentions to let the property. It is also important that the contents and buildings insurer is made aware of any tenancy. Certain terms and conditions may need to be applied in order to keep the policy valid.

Should I let my property furnished or unfurnished?

Experience tells us that the preference is generally for a furnished accommodation. Where possible, we would advise landlords to offer their property furnished. We would advise that if the property is to be let furnished, it should include items such as sofas, tables, basic kitchen appliances, wardrobes, beds, curtains and carpets.

What is an inventory?

The inventory provides a fair and accurate record of the contents of the property and their condition. It also records the condition of the fabric of the internal and external parts of the property. Photographs are taken to show the condition of items / décor at the time of the check in. These photographs’ shall be kept on file during the tenancy.  At the check out assessment a representative will attend to make a comparative assessment of the property against the inventory/check–in. If there are any additional damages that fall beyond the definition of “fair wear and tear”, it is possible that deductions may be made from the deposit before it is returned to the tenant/s.

How will J W & SONS Estate Agents Ltd manage my investment?

We aim to provide a smooth running and consistent service where the property is continuously let and maintained. The aim is to keep the property in the same condition it is at the beginning of a lease until the end. Of course, in reality, tenanted properties are prone to additional wear and tear, and in situations where this may affect the rental value, we shall contact you to suggest possible remedies to recover the lost value. We will also deal with any direct maintenance issues with the tenant, arranging any maintenance work or repairs where it is proven that the landlord is responsible.

When and how will I receive my rent if J W & SONS Estate Agents Ltd manages the property?

We pay our landlords on the 5th and 20th of each month, therefore any rent due shall be processed on these dates. This shall be paid electronically into your chosen account.

How do I reclaim possession of my property?

The landlord has the right to terminate the tenancy by using a "section 21 notice", which in practice results in a minimum notice period of 2 months. Although there is no minimum length for which an assured short-hold tenancy may be granted, such a tenancy may not be ended by a section 21 notice in the first 6 months from the beginning of the tenancy and cannot be served during the first 4 months of the tenancy. Such notice has expiry of 6 moths of the date it has been served.

Get in Touch for a FREE Consultation

We work to your requirements, priorities and schedule; you can contact us by email, phone, or meet us in person.