Back to School, Back to Basics – Part 2

In Part 1 of Back to School, Back to Basics we covered the pre-tenancy certifications and legalities of rental properties. Now in Part 2, we’re moving forward in the process and once a tenant has been secured.

Other Things to Consider…

• Apart from a robust tenancy agreement applicable to the type of rental you have agreed and an inventory check-in report, copies of the EPC, EICR and GSC will need to be issued to any tenant before the tenant move in along with the government’s How to Rent Guide. If not, this may affect your ability to apply for an eviction order if necessary in future.

• Landlords are also required to protect a tenant’s security deposit in a government-approved scheme, such as the DPS and also check your tenant’s right to rent in the UK. Documents need to be checked in-person or online via the government’s verification service.

• If you would like the reassurance of a rent guarantee or legal protection cover policy in case your tenants don’t pay rent or need to be evicted, your tenant will need to have passed referencing with a third party referencing company.

•  If you’re normally resident overseas or the property is owned by an overseas company, you should always confirm your tax requirements with HMRC. They have specific guidelines for non-resident landlords.

Finally, international student tenants travelling to the UK for their course often have to rent properties on the basis of photos and video viewings without having actually stepped foot in the front door – or you having met them in-person. It can be worthwhile to have a video chat to assess their suitability for your property and also make sure that the tenancy agreement reflects that the property has been taken ‘sight unseen’ to avoid being let down at the last minute.

If you would prefer to use the services of a qualified and experienced agency, book a quick call with us to discuss your rental property. We’d be delighted to help.

Back to School, Back to Basics – Part 1

It’s September and that has meant back to school for not only millions of children across the UK, but all the ‘big kids’ too - the students who are back at university to take up their places on undergrad and postgraduate courses.

It’s the first year of a true ‘back to normal’ end-of-summer/start of the school year cycle since Covid and demand has been soaring. We’ve even let a few properties in the final stages of renovation such that they’ll be occupied from Day 1!

With so many new move-ins happening, it’s a great time to go back over the basics and ask: What exactly do you need to do in order to let your property?

Pre-Rental Certifications & Legalities Required On Move-In

It’s a given that you’ll have made sure your rental property is fit for habitation and is maintained in good condition, but do you have the correction certifications in place?

To let a rental property, you need to make sure you have at least valid energy performance, electrical installation and gas safety certifications in place:

• Energy Performance Certificate (EPC): These have been around for 15+ years since Home Information Packs and the regulations in 2007. You need one to market your property! Certificates remain valid for 10 years and the minimum rating is currently E. Many have been done and many have since expired! In any case, you can check for your EPC on the government’s register.

• Electrical Installation Condition Report (EICR): Valid for 5 years, these have been a legal requirement since April last year and are needed before a tenant moves into a rental property. Watch out, the initial inspection may uncover electrical faults that require further investigation or remedial works. Read more details here.

• Gas Safety Certification (GSC): Still in force and the longest standing certificate requirement – nearly 25 years for good reason. Conducted annually by a Gas Safe registered engineer (formerly CORGI), GSCs or CP12s are also a legal requirement if there is one or more gas appliance in the property.

You’ll also need to ensure smoke alarms & carbon monoxide detectors are in place and working and can read our recent post for more information on the recent changes to regulations.

If the rental property is a flat in a purpose-built building, there are additional fire safety regulations to consider and the most up-to-date information is always available on www.gov.uk.

You may also want to get a test for Legionnaires Disease and whilst PAT testing appliances isn’t legally required for private rentals, if a tenant is placed by a local housing association scheme, they may request this and both are good practice. 

Finally, always make sure to check if your rental property falls inside of a mandatory licensing area. These vary between boroughs in London, with differing costs and application processes.

Coming up next week - Back to Basics Part 2 with some other things to consider for tenants moving in… and if you would like to discuss any aspect of preparing your property for rental, book a quick call with us.

Smoke and Carbon Monoxide Alarms in Rental Properties

Fire Safety Regulation Updates

From 1st October 2022, the government’s newest round of fire safety legislation for rental properties comes into effect. With updates to the current laws having been in the works for some time, the updated regulations contain some subtle but significant changes for landlords with properties in the private rented sector.

The full legislation is available on the government’s website, though the guidance issued by the Department for Levelling Up, Housing and Communities covers the most common questions and situations.

The new regulations mean: 

• all landlords must ensure a carbon monoxide alarm is provided in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers). 

• all landlords will be legally obligated to ensure smoke alarms and carbon monoxide alarms are repaired or replaced once they are informed and the alarms are found to be faulty. 

There is no transitional period after 1st October 2022 and any landlord found to be in breach could be fined up to £5,000.

If you have questions about what the new regulations mean for your rental property, feel free to book a quick call with us.

New Courts to Tackle Backlog of Evictions

Lord Chancellor Unveils Plans for Ten 'Nightingale Courts'

On 19 July the Lord Chancellor, Robert Buckland, announced that ten ‘Nightingale Courts’ would be set up rapidly to help deal with the backlog of evictions proceedings. With court services having been suspended from March for all ongoing housing possession action in England and Wales due to the coronavirus, the industry has been expressing increasing concern at the significant backlog in the Courts.

On 22 July, it was announced that possession proceedings would recommence from 23 August and MP Christopher Pincher, whilst recognising that the prioritisation of cases is the job of the judiciary, expressed his belief that it is important that serious and antisocial cases be heard as soon as possible.

Two of the new Courts will be located in London and other measures are also being put into place to ease the pressure on the court system, including longer opening hours in order to increase the number of cases that can be heard in a day and continuing to use video technology to hear cases where appropriate.

Through our considerate and professional dealing with our tenants, we have a great track record of keeping our landlords up-to-date with their rent payments.

To work with us - and help avoid the build-up of arrears that can lead to a lengthy eviction proceeding - contact us now.

Landmark Government Bill on Building Safety Published

Draft Building Safety Bill Published 20 July 2020

First announced in January, the government recently published its draft ‘Building Safety Bill which aims to make residents safer in their homes and deliver the biggest changes to building safety for nearly 40 years… It will improve regulations as the Government seeks to bring forward a “clearer system with residents’ safety at the heart of it” with residents having helped to develop the proposals through engagement groups.’ says Propertymark, the UK’s foremost property association.

Propertymark further explains:

‘Under the new rules, people living in high rise buildings will be empowered to challenge inaction from their building owners, have better access to safety information about their building, and will benefit from a swift and effective complaints process.

A Building Safety Regulator, already being set up within the Health and Safety Executive (HSE), will be established and equipped with the power to hold building owners to account or face the consequences and will enforce a new, more stringent set of rules that will apply for buildings of 18 meters or more or taller than six storeys from the design phase to occupation.

The Government views the draft Bill as legislation that will evolve as further evidence and risks are identified to ensure that residents’ safety is always prioritised and will also provide new powers to better regulate construction materials and products to ensure they are safe to use.’

The government will be publishing a new manual to the regulations to help ensure that building owners are clear on what steps they need to take to make their buildings compliant and - most importantly - safe.