Advice for landlords
There are many reasons why letting your property
is a good idea. You can lose more than £5,000 a
year by keeping a home empty through rent loss, council
tax payments, insurance, dilapidation and security
measures. There is also the risk of vandalism and
squatting.
Legal rights and obligations
If you are thinking of letting your home, it is
vital that you are aware of your legal rights and
obligations. First of all you must
register with your local authority
as a Private Landlord, giving tenants assurance that you are a fit and proper person to do so.
When you let your property to a tenant,
the tenancy is automatically an assured shorthold
tenancy, unless you agree otherwise.The length of the tenancy agreement is up to you to
agree with your tenant. You can agree that it should
last for a set period, known as a "fixed term", or you
can leave it open-ended.
There are four elements to a shorthold tenancy:
- You have a guaranteed right to get your home back
after six months if you need to. Check out the latest information on
Short Assured Tenancies from the Shelter website
- You can charge a "market rate" for rent; that is
the going rate for a similar property in the
area. If you are unsure as to what these are check out the ESPC property rental search section to make an up-to-date comparison
- You can get your home back if your tenant owes
you at least two months rent
- You can evict tenants who cause a nuisance to
local people
You are entitled to end the tenancy without giving a
reason at any time after six months, provided any fixed
term you have agreed has ended. You must give your
tenant at least two months written notice if you want
your property back. If your tenant refuses to leave,
you cannot evict them yourself, but you can apply to
the county court to do so.
Landlords Responsibilities
Landlords are generally responsible for the
maintenance and major repairs to a property. This
includes repairs to the structure and exterior of the
property, heating and hot water installations, basins,
sinks, baths and other sanitary installations.
You must keep a record of the safety checks and,
usually, you must issue it to the occupier within 28
days of each annual check. Gas appliances must carry safety certificates from
qualified engineers who are CORGI registered. For more information on your
Landlords responsibilities the CORGI website is a good place to start.
By law, you must ensure that the electrical system
and any electrical appliances supplied with the let
such as cookers, kettles, toasters, washing machines
and immersion heaters are safe to use. If you are
supplying new appliances, you should also provide any
accompanying instruction booklets.
If you supply furniture or furnishings with the let,
you must ensure that they meet the fire resistance
requirements, sometimes known as the "match test" in
the Furniture and Furnishings Fire Safety Regulations
1988.
Multiple occupation
If you are planning to let your property out to more
than three tenants from more than three families, you
must have a Houses in Multiple Occupation (HMO)
licence. If you are not sure whether you need a licence for your property, you should contact your
local authority for advice, or visit the
Communities and Local Government
website.
The application for an HMO licence must be made by
the owner, even if the property is leased to or managed
by another person or organisation. If the day-to-day
management of the property is carried out by someone
other than you, the owner, they will be named on the
licence as a joint licence holder.
Objections can be raised by neighbours when it comes to renewal,
so it is in your own best interests to ensure quality tenants.
Always check references, and ensure they keep to their agreement to respect
neighbours, tidy the lawn, and clean the communal stairs.
If you are sure that letting your property is the
right route for you to take, contact your local
authority for a licence application form,
information about the procedure, and the standards you
will need to meet.
If you need further advice or are ready to find your ideal tenant contact one of
our ESPC letting agents
who will be pleased to help.
Return to Advice from ESPC.