When letting a property there are several matters which need to be taken into account so that the tenancy is without problems and also that the landlord has complied with legal issues. Several issues are listed below but for full advice and assistance please contact us direct.

Mortgage

You should obtain your mortgagees written consent to the letting of your property. We can assist you in this. Insurance You should ensure that you are suitably covered for letting under both your buildings and contents insurance. We are able to provide necessary quotes.

Income tax

When the landlord is resident in the UK, it is entirely his responsibility to inform the Inland Revenue of rental income received, and to pay any tax due. However, where the landlord is resident outside the UK during a tenancy, under new rules effective from 6 April 1996, unless an exemption certificate is held, we as landlord's agents are obliged to retain and forward to the Inland Revenue on a quarterly basis, an amount equal to the basic rate of income tax from rental received, less certain expenses. An application form for exemption from such deductions is available from this Agency, and further information may be obtained from the Inland Revenue.

Gas Appliances & Equipment

Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances in tenanted premises must be checked for safety at intervals of not more than 12 months, by a 'Gas Safe Register' gas engineer, and a safety certificate issued, a copy of which must be handed to each tenant. Records must be kept of the dates of inspections, of defects identified, and of any remedial action taken.

Electrical Appliances & Equipment

There are several regulations relating to electrical installations, equipment and appliance safety, and these affect landlords and their agents in that they are 'supplying in the course of business'. They include the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations 1994, the 2005 Building Regulation - 'Part P, and British Standard BS1363 relating to plugs and sockets. Although with tenanted property there is currently no specific legal requirement for a qualified electrician to carry out an inspection and issue a safety certificate (as exists in the case of gas appliances), it is now widely accepted in the letting industry that the only safe way to ensure safety, and to avoid the risk of being accused of neglecting your 'duty of care', is to arrange such an inspection and certificate.

Furniture & Furnishings

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989, 1993 & 1996) provide that specified items supplied in the course of letting property must meet minimum fire resistant standards. The regulations apply to all upholstered furniture, and beds, headboards and mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows, and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, bed clothes including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Therefore all relevant items as above must be checked for compliance, and non-compliant items removed from the premises.

Energy Performance Certificate

From October 2008 landlords offering a property for rent will be required by law to provide prospective tenants with an Energy Performance Certificate (EPC) for their property. The Certificate will have to be provided free of charge to the tenant, either before or when any written information about the property is provided to a prospective tenants or a viewing is conducted. The EPC is valid for 10 years and is simply a rating; it cannot 'pass or fail'. It will show the properties current energy performance rating and the potential rating if the recommendations were to be carried out. However, there is no requirement for the recommendation to be carried out.