When deciding whether or not to become a landlord there are a number of issues to take into consideration. You need to consider whether you have the time to dedicate. For now, here is everything you need to have in place before making the final decision.
What to consider or inspect prior to placing the property on the market:
Leaseholder/Mortgage company consent
If you have a leasehold property or a property which is subject to a mortgage you are required to obtain the Freeholders and/or mortgage company’s permission prior to renting out your property. Such consent may be subject to certain conditions including that any tenancy must be for a minimum term and changing your mortgage product to a Buy-To-Let mortgage.
Furniture and Furnishings
All soft furniture and furnishings provided to a tenant must comply with the Furniture and Furnishings (Fire)(Safety) Regulations 1988. This means that if items such as sofas, mattresses, curtains catch light any fire will promptly go out. To check whether your furniture and furnishings comply you need to check the items labelling. When purchasing from a UK reputable supplier, the furnishings will usually be labelled accurately. Whereas if labels can’t be identified it is best to replace them.
Smoke and Carbon Monoxide Alarms
Newly built premises from 1992 and HMO properties must have mains operated smoke alarms with battery back ups. Older properties must have a a battery operated smoke alarm on each floor.
Properties that hold a solid fuel burning appliance, like a log fire will also require a working carbon monoxide alarm.
Appliance manuals
Tenants should be provided with manuals for any gas, electrical or other appliance in the property.
Legionnaires disease
With Covid and the lack of visitors to the UK some properties have unfortunately remained unoccupied for some time. We recommend a legionnaire assessment for those properties least lived in. Legionella bacteria can breed in warm stagnant water and reach a concentration at which they become hazardous to health. If a property obtains a water tank, an appropriate risk assessment should be carried out. The risk assessment may be carried out by a third party unless you believe you are competent to do so.
Internal blinds
The Blind Cord Safety Regulations 2014 require blinds to be “safe by design”. It also requires to have the appropriate child safety devices installed. All blinds must carry safety warnings and ideally landlords should consider blinds without cords especially in a child’s bedroom. It’s the landlords responsibility to change the previous tenant blinds – to ensure safety.
Insurance
If you have a Leasehold property and/or mortgage, you should have an insurance policy to remain compliant with your obligations. We recommend sorting insurance if you haven’t already. Such insurance is reassuring and can be useful in the event of serious damage such as fire. Furthermore, when your property is occupied by tenants you should also consider third party liability insurance. For example, in an event where a tenant claims that they have sustained a personal injury while in your property.
Your previous home
If the property you intend to rent out was previously occupied by you then you may want to consider Ground 1, S.8 of the Housing Act 1988. Ground 1 is a mandatory ground for possession so if there is any chance that at any time in the future you may want to move back into the property you will need to ensure that the tenancy agreement refers to it. It is therefore important that you ensure your agent is aware of this so that they can include it in the agreement.
What to consider once marketing commences:
EPC
You must have a valid EPC. The EPC must be renewed every 10 years so if you have one ensure it is in date and you agent will include it within the marketing material.
Gas
Under The Gas Safety (Installation and Use) Regulations 1998, gas appliances and fixed installations must be in good order and checked annually by a gas safe engineer. The certificate that the engineer provides must be provided to a tenant upon the commencement of the tenancy.
EICR
Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force in 2020 and from April this year all properties must have a valid EICR. An EICR is a report provided by an electrician who has tested the electrical installation in a property. The EICR must be provided to the tenant before they occupy the property.
Keys
If you are renting out a property you will need to consider how many sets of keys you need to organise for your tenants, whether you want to retain a set and whether you wish to provide your agent with a set. Further fobs and other entry systems may also need to be organised.
Utility management
Utilities should be put into the tenants name from the commencement date of the tenancy. Meters should therefore be read and those readings given to the tenant and or the utility company. Meters readings should also be taken at the end of the tenancy and again provided. Some elect to leave the management of the utility to the tenants however, this is a personal decision but one that should be considered.
Inventory
Prior to the commencement of the Tenancy an inventory and check in should be carried out. This report will assist you with any claim that you may want to pursue against the tenant in the event of any damage. Without the report it can be very difficult to make deductions from tenants deposits if the matter is referred to a deposit adjudication.
This is of course a long list and demonstrates the importance of getting things right in order to ensure you comply with the law and ensure your property is safe for a tenant to occupy. It is of course an easy option to hand these matters over to an agent and certainly most agents will be familiar with the process. If fail to consider this guide, there could be serious consequences including civil and criminal penalties so caution is advised.
Gurdeep Clair
In-house Legal Counsel