Residential Lettings – Landlord & Tenant Information
Do you have a Property to Let?
C & D Property Services specialise in letting residential property in North Cumbria/South West Scotland and are able to provide a personal service at a competitive rate.
We provide two types of service although these can be tailored to suit your individual needs.
The “let only” service includes:
- Inspecting the property and carrying out a rental appraisal
- Free local advertising
- Free internet entry
- Dealing with enquiries from prospective tenants
- Taking up References and financial checks on prospective tenants
- Preparing Tenancy Agreements
- Collecting the first months rent and deposit and setting up a standing order directly into your bank account for future rents
- Arrangement of Safety Inspections and Energy Performance Certificate
- Holding of Deposit in Tenancy Deposit Scheme (England only)
- Informing the Local Authority of the Tenancy
This service requires the landlord to manage the property and monitor future rent collection. It reduces letting costs and particularly suits landlords who live close to the let property.
- Continue to monitor rent collection
- Inspect the property on a regular basis
- Prepare annual statements for accountancy purposes
- Organise maintenance and repairs
- Tenancy Renewals
- Final Inspection
We also offer Rent Indemnity Insurance, Buildings and Contents Insurance cover through our Independent Insurance Agency, providing landlords with the peace of mind to cover their investment together with extra services covering market valuations and inventories.
GENERAL INFORMATION FOR LANDLORDS
The form of agreement used for Residential Lettings is known as an “Assured Shorthold Tenancy”. This type of tenancy allows you the right to recover possession at the end of the tenancy provided the statutory formalities have been complied with, also the tenant has the right to stay in the property for the duration of the tenancy so is therefore liable for the rent and any utility bills for that period. The agreement will be signed by the tenant and will include obligations and commitments of the landlord and the tenant. Occupation of your property should not be allowed until references have been taken, a binding agreement has been completed and all monies paid.
Prospective tenants will be asked to provide the addresses of referees for us to confirm their ability to meet their rental commitment. These will normally include a bank or building society, employer, previous landlord or in some instances a solicitor, accountant or someone of good standing. Our referencing procedure is very thorough and is done as quickly as possible.
You must inform your Insurance Company that you intend to lease your property (Buildings and Contents where appropriate). C & D Property Services will arrange for quotations from Specialist Insurers for policies covering Buildings, Contents, Public Liability, Legal Expenses, and Rent Protection etc. if you wish; and in signing this Agreement the Landlord acknowledges that C & D Property Services may be entitled to a share of Brokers’ Commission on the sale of an Insurance Policy. Please provide a copy of your current Insurance Certificate.
If the property is mortgaged you must inform the Bank or Building Society and Ourselves, so that their written permission to lease is obtained and the correct forms for letting are used.
Usually equal to a months rent. Must be paid on or before the tenancy start date. As part of the Housing Act 2004 the Government is introducing tenancy deposit protection for all assured shorthold tenancies (ASTs) in England and Wales where a deposit is taken. From 6th April 2007, all deposits paid under an AST have had to be protected within 14 days of receipt by the landlord or agent. 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. For all of our managed properties we use the Deposit Protection Service (DPS) www.depositprotection.com
Energy Performance Certificates (EPCs)
From October 2008 (England) and January 2009 (Scotland) landlords offering property for rent will be required by law to provide prospective tenants with an Energy Performance Certificate for their property. These certificates (EPCs) will have to be provided free either when (or before) any written information about the property is provided to prospective tenants or a viewing is conducted. Its use involves inspectors collecting standard information on the type of property and construction, the property dimensions including room sizes, types of windows, room and water heating systems and controls, plus other details such as wall, loft and water tank insulation. Agreed reference coefficients are then applied to arrive at an energy rating. EPCs will be valid for ten years.
Rent is treated as part of your income for tax purposes. Your liability to tax is net of expenses (fees and repairs). If you are out of the country, we are legally responsible for reporting the rent to the Inland Revenue and remitting the tax due. Under the “Taxation of Income from Land (Non-Residents Regulations” 1995, Landlords can apply to the Inland Revenue for exemption from this requirement. If your application is accepted by the Revenue, C & D Property Services will be able to pay your rent gross. Your written authority to pay the tax due out of the rent is needed and you must confirm also that you will immediately pay us the due amount of tax should we be out of funds when the tax is due. You should take Accountant’s advice regarding the tax implications of letting property and preferably your property tax affairs should be handled by your Accountant, and not by us.
The Fire and Furnishings (Fire) (Safety) (Amendments) Regulations 1993
The Fire and Soft Furnishings Regulations 1993 came into force on 1st March 1993. It is a legal requirement that all soft furnishings must comply with the regulations and have a permanent label clearly showing they are fire resistant. (Furniture prior to 1950 may be exempt). If proof cannot be confirmed it will be necessary to have the furniture removed – in any case.
Gas Safety (Installation and Use) Regulations 1998
It is the Landlord’s legal responsibility to comply with the regulations, and gas appliances, installations, pipe work and flues are to be maintained in a safe condition and be checked at intervals or no more than twelve months by a Gas Safe registered engineer. (This includes Liquefied Gas and portable appliances). A copy of the report must be given to the tenants within 28 days of the check – Landlords/Agents copies should be kept for two years and new tenants moving in during the 12 month validity of the check must also be given a copy before they move in. Please note that Service Contracts may not cover the requirements of the Regulations so please check with the service provider. We recommend that all properties are supplied with at least one carbon monoxide detector.
If defects are found it is an offence using the appliance and it must be repaired or replaced.
The Electrical Equipment (Safety) Regulations 1994
These came into force in January 1995 and it is a legal requirement that all appliances and the mains wiring, sockets and lighting are tested. It is recommended that only Electricians recognised by the NICEIC are used and those employed by the statutory Electricity Companies. Appliances should be tested annually. The mains wiring sockets and lighting should be tested every 5 years. If it fails the test the appliance or wiring should be repaired or replaced immediately.
—- Tenant Information —-
Notes for prospective tenants in relation to properties offered to let by C & D Property Services, as letting agents
- All rents quoted are per calendar month payable monthly in advance.
- In most cases a deposit equivalent to one months rent will be taken at the beginning of the tenancy. All deposit for tenancy agreements are required by law to be held in a Protected Scheme.
- The rent quoted excludes all outgoings unless stated, water, sewage charges, gas electric and council tax are payable in addition.
- Pets are not permitted to be kept upon the premises without written consent. Where consent is given an additional deposit maybe required.
- An application form is required to be completed in order for us to take up the necessary references required by the Landlord. These references are taken up at a charge of £50 which is payable by the tenant prior to the references being taken.
- Prospective tenants receiving housing benefit may not always be considered for certain properties offered through C & D Property Services. This can be confirmed prior to submitting an application form.
- Unless otherwise stated properties are let on an Assured Shorthold Tenancy under the Housing Act 1988 for a minimum term of six months in England. Properties in Scotland are let on a Short Assured Tenancy under the Housing (Scotland) Act 1988 again for a minimum of six months.
To process your reference efficiently we require the following:
- A letter from your employers human resources department confirming your employment details
and / or
- Your two most recent pay slips
- A “Verification of Rent” form which is available from the appropriate Council
- Your last three years accounts
- Accountants/Auditors details
In all cases:
- 3 years utility bills (one bill from each year)
- A copy of your driving licence
Procedure following acceptance of applications
Acceptance by C & D Property Services of an application for a particular property does not imply or give any warranty that you will be successful. You are strongly advised not to make any arrangements regarding the tenancy until:-
- You have provided the required information to enable us to take up references and made a payment of £50 to cover the cost of taking up references.
- Suitable references have been received.
- You have received confirmation from C & D Property Services that the proposed letting of a particular property is accepted.
- You have sufficient funds to pay one months rent in advance and the security deposit against the property (which is normally a minimum of one months rent). This security deposit is returnable at the end of the tenancy provided the rent is paid in full and following a satisfactory inspection of the property by the owners or ourselves as managing agents.
- Whilst payment by cheque is acceptable, funds must be cleared through our client account before the tenancy commences and you can move into the property. We recommend you allow at least 7 working days alternatively make arrangements to pay in cash.
- All future rental payments are per calendar month in advance (unless otherwise confirmed in writing) due on or before the rental day. Arrangements can be made to pay directly by either direct debit or standing order. Your tenancy may be at risk if for any reason payments are not received on or before the date the rental falls due.
- You will be notified in writing whether C & D Property Services will be managing the property or whether this will be undertaken directly by your Landlord. In the latter case all queries and service or notices to quit should be directed to your Landlord at the address given.