Landlords Guide (PDF, 999KB)

Contents Introduction Security Lighting Becoming a good Landlord Noise New Lettings Hygiene and Refuse Finding tenants Kitchen Facilities Letting and Managing Agents Personal hygiene, sanitation and drainage Water supply Setting up Tenancies Protection against falls Types of Tenancy Stairs Shorthold Tenancies Windows, balconies etc. Resident Landlord Tenancy Electrical hazards Regulated Tenants Fire Company Tenancies Hot surfaces and materials Unprotected Tenants Collision and entrapment Other types of tenure Explosions Ergonomics References, Deposits, Inventories and Disputes Falling objects and structural collapse References Inventories Maintenance and Property Improvements Deposits The role of the landlord / agent Deposits and low incomes Electrical Safety Disputes Gas Safety OFT guidance on unfair terms in tenancy agreements Condensation and Black Mould Growth Unfair terms Potentially unfair terms Planning and Building Control Issues Rents and Changing the Tenancy Terms Houses in Multiple Occupation How much rent should you charge? What is a House in Multiple Occupation (HMO)? Can rents be increased? HMO Standards Can I change the terms of a tenancy? Fire Protection Rent Act (regulated) tenancies Good management Excessive rent and Pre-Tenancy Determinations Licensing of HMOs Rent Arrears Financial Matters What to do when the Tenancy ends Tax liability End of the contract period Stamp duty How to end a tenancy Mortgages Accelerated Possessions Housing Benefit List of grounds for possession Deposits Notice periods Insurance What if the tenant abandons my property? Council Tax Selling the house Changing the rents Financial Assistance for landlords Harassment and Unlawful Eviction Harassment Duties of Tenants Unlawful eviction Letting a property – rights and responsibilities The Role of the Local Authority – Housing Services Protecting the Safety of Tenants and the Property Sources of Information Temperature and Moisture Useful Contacts Heating Property record Pollutants Basic Fire Safety Measures Guide Overcrowding and Space Renting Checklist Fire Safety Risk Assessment Checklist Inventory Form Index Fire Door Guide Introduction People become landlords for a number of different reasons: has a duty to minimise the potential for injury and Chapters some may have inherited a property, some want to retain an 9, 10 and 11 cover such issues. interest in an area, and others to help with their pension fund or to provide accommodation for their offspring whilst Properties which are shared by a number of people have they are away at college. Landlords may range from having special status and requirements. These are classed as Houses one property, to those with an extensive portfolio. Every In Multiple Occupation (HMOs) and Chapter 13 looks at them landlord has different knowledge, experience and outlook, in detail. but in the main, tenants all want the same: sound, safe, and well managed accommodation with a fair rent. It is recognised that tenants also have responsibilities when they are renting and this guide covers some of the tenants This guide aims to cover the whole rental process and caters duties (Chapter 15.) for all different types of property, landlord and agent. Financial matters are important for landlords. Chapter 14 The guide is split into a number of chapters and looks at covers some of the issues about taxes, stamp duty, bills and some of the main issues covering different types of financial assistance. tenancies, rents and housing conditions. Chapters 12 and 16 look at some of the services Cheshire The first part of the guide looks at systems and organisations West and Chester Council provide that particularly relate to that can help with finding tenants, and running and managing Landlords and Agents, including planning, building control properties (Chapter 2). The guide also covers some of the and housing and enforcement related matters. legal aspects in connection with different types of tenancies, what can be included in a tenancy agreement and the The final chapter looks at some of the sources of further procedures to be followed when you wish the tenancy to information, and includes some example forms and records come to an end. (Chapters 3, 5, 7 and 8). There is also which may be of assistance. information about rents, deposits and some simple practical tips.(Chapters 4 and 6.) If you require information or advice on any of the areas covered in this guide, or on renting in general, please contact Houses and flats are inherently dangerous with electricity, the Private Sector Housing Team on 0151 356 6472. stairs and other hazards being present. The landlord/agent Becoming a good Landlord Anyone can become a landlord, the key however is becoming • there is a duty not to discriminate against people a good landlord, and it is for this reason that this guide has on housing benefit (the private rented sector must been produced. As with many aspects of life, knowledge and provide accommodation for all sections of society practical advice is the key. and there is a desperate need for such accommodation.) This chapter looks at the necessary permissions, finding • Local information such as how near the property is tenants, and organisations that will take on all or part of this to local amenities work for you. The Council can also help you to find tenants, please contact Do I need permission to rent my property? the Housing Options Teams on 01606 353 546 (Winsford If you have a mortgage you will probably need permission Office), 0151 356 6868 (Ellesmere Port Office) 01244 305487 from your lender before renting the whole property or letting (CDHT / Chester Office) for further details. a room in it. Do I have to give my details to tenants? Long leaseholders may also need permission from the It is good practice to provide tenants with written details of freeholder before renting. Check the terms of your lease. If how to contact you. Some landlords give their home or you are unclear you should contact your freeholder or a business address in the tenancy agreement and a telephone solicitor. number so that the tenant may contact them in an emergency. If you are a private tenant you may be allowed to sublet, but you must seek advice first as it may lead to your landlord If you do not give a tenant an address in the United Kingdom ending your tenancy. at which they may serve notices on you, the tenant is not obliged to pay any rent or service charge. (All such charges – Insurance companies may also need to be consulted as including backdated charges – become payable as soon as renting may affect the cover they provide. you provide the required information.) There are also tax implications for landlords who do not live in the UK- see the New lettings Financial Matters chapter 14 for details. It is advisable to seek professional advice before letting your property, especially if you are not going to use a letting or If you make a written demand for rent or service charges you managing agent. The letting of a property in return for rent must include your name and address. creates a tenancy, or at least a legally binding contract, even if there is no written agreement. Any letting entails If your tenant makes a written request for details of your obligations and duties for both landlord and tenant. This will agent or information about the last report received, this must be discussed in detail in Chapter 3. be provided within 21 days. Finding Tenants There are various ways to find tenants for your property. The Housing Solutions Team at the Council can assist you in Letting and Managing Agents advertising and finding suitable tenants for your privately You may consider using an agent to deal with the property on rented accommodation. You could advertise in shop a day-to-day basis. This may be worth considering if the windows, on in-store notice boards, or in local or regional property you intend to let is some distance from where you newspapers, and there are a number of websites for live or if you are often away for long periods of time, or if you advertising rented property, such as netrent.co.uk, or using do not have the time or skills to deal with such matters. an agent for rightmove.co.uk. Local estate and letting agents may also find tenants for you on your behalf. Details can be Agents provide a number of services which can be tailored to found in local papers, the phone book and on the internet. suit the needs of a landlord. Such services include: Be very clear about the kind of tenant you want and the type of tenancy you are offering. • finding tenants; • taking up references; Your advert should specify: • collecting and managing deposits in accordance • Whether the property is suitable for a single person with the legislation; or for a couple or a family or smokers • preparing inventories and contracts; • the rent and whether this includes any bills such as • collecting rents and in some cases guarantee the water rates rent when the property is empty; • whether the property is furnished or unfurnished • monitor and chase rent arrears; • whether tenants share any facilities • deal with emergency repairs; • whether there is a garden, parking etc • manage the property and its maintenance; • whether pets are allowed • inspect the property from time to time; • deal with the legal aspects of asking tenants to Are there other organisations that will look after leave and returning deposits etc. my property for me? Private Sector Leasing Schemes can look after properties on You should choose your agent with care - some companies your behalf. There are a number of organisations and are members of ARLA (the Association of Residential Letting agencies who are looking for landlord properties to lease for Agents), or NAEA (National Association of Estate Agents), or a fixed term (often 1-5 years).

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