We can provide you with a choice of two different
options.
Option 1 – Full Management
This relieves the landlord from dealing with the tenant as Antony
Richards Property Services will be the tenant's only point of contact.
If there
are any problems with the property or rental payment, a
representative from this office will deal with the matter and report
accordingly.
Option 2 – Finders Only
We will provide the exact same service as the Full Management package up
to the tenant signing contracts and taking possession of the property.
At this
point, the tenant will be informed of your details and instructed to deal
directly with yourself. A copy of the signed contract, inventory
and
DVD will be forwarded to you. The
deposit will continue to be held in our clients’ account but see the section
regarding deposits. We will not be responsible
for the check out procedure required for the return
of the deposit.
Whether you are
intending to take advantage of our ‘Full Management’ service or just looking to utilise our ‘Finders Only’ service, this guide will
emphasize our commitment to providing a professional letting service and to
making your role as a landlord easier.
Antony Richards Property Services is a
member of the National Approved Letting
Scheme,
the Royal Institution of Chartered
Surveyors, and the
Central Association of
Agricultural Valuers
THE SERVICE
Valuation
A free valuation can be
arranged whereby our representative will call to evaluate your property and provide a rental valuation based upon its location,
condition and the current market demands. The representative will be able to offer advice on current
legislature and be able to answer any queries you may have with the rental
procedure.
At this point, you can discuss potential tenants
and whether you wish to accept pets, children,
smokers, etc.
We run weekly adverts in the
Cornishman newspaper which usually attracts adequate interest to enable the
property to be let. We also keep a selective
list of suitable potential tenants and, as a result,
proeprties are often let prior to the newspaper
publication. Properties will be advertised
on this website.
Tenant
Selection
Written references are
obtained for the potential tenants including from a previous landlord, employer and a bank
reference/credit check undertaken before being accepted for a
property.
Record of Condition and
Inventory
Before your tenant moves in, we will prepare
a record of condition and inventory of fixture/fittings with your
property. In addition a DVD recording of the property is
undertaken.
This record is vital to both you and your
tenant, and is essential in settling any differences of opinion that may occur
at the beginning, during or at the end of the tenancy.
Tenancy
Agreements
Once a tenant has been selected, an
appropriate tenancy agreement will be drawn up. This will incorporate any necessary legal documentation
(including the "prescribed information"
relating to deposits) and
we are able to personalise the contract to suit your property if you have
specific clauses that you wish to be included. Our tenancy agreements
are reviewed regularly and approved by the Office
of Fair Trading.
Collection of
Rent
Rent monies are monitored closely and a
tenant will be contacted immediately if any arrears arise. Normally a friendly telephone call or a more specific letter
can easily rectify this. All money collected
on your behalf is paid into a clients' account.
Please note that we cannot be held responsible
for any charges incurred due to late payment
of rental monies. Any minimal interest
accrued is retained.
Deposits
We
will collect a monetary deposit from the tenant
(usually equivalent to one and a half
month’s rent). For all tenancies
commencing after 6th April 2007,
deposits need to be held under a Government regulated scheme.
On vacation (move out), a landlord
cannot retain any part of the deposit without the agreement of the tenant - any
disagreement needs to be determined by an Independent Case Examiner (ICE) based
upon evidence provided. This now
attaches far greater importance to the initial record of condition and to the
check out procedure.
Should any deposit not be held in the
correct manner the landlord is liable to a fine of three times the deposit as
well as not being able to regain possession of the property.
During a tenancy, we will periodically
inspect the property internally (usually every six months or so). Following these inspections, a written report
will be forwarded to yourself. These can
prove essential in monitoring the tenant and they can also prove to be an ideal
opportunity for the tenant to bring any maintenance problems to our attention.
Note: Due to health and safety
considerations (applicable in the UK), we
do not inspect attics or lofts.
THE RENTAL
PROCESS
There are several factors
that you need to bear in mind before renting out your property. There are several legal obligations now on the landlord that have
been introduced over the last few years. There is also the implications of your mortgage company’s
permission to let and your tax liability.
The Mortgage
Company: If you have a mortgage on your property, you are obliged to
inform your building society/bank of your intention to rent and request their
permission.
At present, it is quite rare for a
mortgage company to refuse permission but the requirements of payments may
increase.
It is always our advice to contact your
mortgage company/bank and make an initial enquiry before you make the decision
to rent.
(Please note: The permission to let also applies to leasehold
properties.
We would
recommend that a leaseholder
confirms the approval of their lessor before proceeding.)
Tax
Liabilities:
Any income
received from a rental property is deemed to be a taxable one. Payment of income tax for a UK resident is the landlord’s
responsibility and it will be up to you to file any tax returns or
claims.
Legislation provides for a range of
landlord’s expenses that can be offset against the rental income. Some examples of these expenses are listed below, but this
list is not exhaustive and professional advice should always be sought to
guarantee that the full potential of the expenses are
realised.
- Insurance premiums still paid on the
property, e.g. buildings/contents policies
- Maintenance and repair costs of works
carried out during a tenancy
- Mortgage interest payments
- Agents’ fees
- Utility bills (if still paid by the
landlord)
If you are to reside
outside the UK then your tax liabilities differ. Under the Taxes Management Act 1970 and the
relevant 1996 amendments where a landlord resides abroad and receives income
from a rented property, the tax liability can be made to rest upon the party
responsible for collection of the rent.
Under the new FICO regulations, we as collectors of your rent will
deduct tax from your rent each month and pay this to the Inland Revenue each
quarter. Unfortunately this has to be
carried out regardless of whether or not you are actually taxable on the
income. Under recent changes though you
are able to apply for an ‘exemption certificate’ from the Inland Revenue which
waives us, as the rent collectors, from any liability. If this exemption is granted, we will pay any
appropriate rent payments to you without any tax deductions.
To assist you in completing your tax
returns, we will obviously provide you with
regular rental statements detailing
all deductions made and all payments made to you.
Utilities
A tenant will normally be responsible for
all utility bills, i.e. council tax, water rates, gas and electric. We will advise the utilities upon each
change of
tenant.
Telephone
Upon vacating the property, you should
request a ‘closing account’ from your telephone company and have the line
disconnected.
The onus is therefore upon the tenant to
re-connect the line in their name if they then wish to use the
telephone.
Our rents are due monthly on the first of
each month. Naturally we need to allow
time for cheque clearance and aim to forward to you less our fees and any
disbursements around the 12th of each month. Our preferred payment method is via direct
electronic transfer to your nominated bank/building society account. This saves you a trip to the bank and gives
you cleared funds earlier.
Insurance
Many standard house insurance policies do
not cover letting so you should always make sure that your property and any
contents are adequately insured and fully covered. We cannot be held responsible for any difficulties arising as
a result of failure to do this. There are ‘rent
protection’ insurance policies also available.
Keys
You will be required to provide us with
three full sets of keys for your property prior to letting it. One set of keys to be held by Antony Richards Property
Services.
Gardens
Tenants
are expected to maintain lawned areas but we are
unable to enforc maintenance of shrubs or flowerbeds
to the high standard some landlords require.
Appliances
We will only manage unfurnished properties and
so all furniture and white goods must be removed prior to any tenant moving
in. Occasionally these are ‘built-in’
and it may be appropriate to leave in situ.
If this is the case, each appliance should be ‘hard-wired’ or subject to
a’ portable appliance test’ (PAT). If
the appliance fails the test, it must be removed. INSTRUCTION BOOKS MUST BE SUPPLIED.
Smoke Alarms
It is now
important to provide smoke alarms in rented property. We require all properties to be fitted with
smoke alarms which should preferably be wired to the mains.
Ventilation
Condensation is another of our major causes
of tenants’ complaints. Please ensure
all windows can be easily opened and closed to allow your property to be
ventilated and therefore reduce the likelihood of condensation.
Heating/Hot Water
The landlord is legally required to ensure that the heating and hot
water system is maintained. It is
necessary that the property is adequately heated in a viable manner. Maintenance of hot water and heating is the
single most cause of complaints/referrals from tenants. Often this is ‘out of hours’ leading to an
increased callout charge from plumbers/heating engineers.
A service of the boilers or heating system prior to the commencement
of the tenancy and then annually (preferably in the autumn) should help to
alleviate these problems. The
instruction books must be made available to the engineers.
Problems can occur whilst during a
tenancy which may not necessarily be the fault of the tenant but due to general
wear and tear. We recommend that
provision be made regarding maintenance.
When a maintenance problem is reported to us, if the cost of the repair
is below £150 we will authorise the repairs.
If the cost is going to exceed this amount, we will report it to you so
that you can choose whether you wish us to arrange the repair (with any costs
being deducted from your next month’s rent) or to arrange it yourself.
We can advise on
the best way to offer a property for sale and refer you to independent
financial advice. We have a good relationship with most of the estate agents in
Penwith and would happy to work with any agent you chose.
LEGISLATIVE REQUIREMENTS
Furniture and
Furnishings (Fire Safety) Regulations 1988
Following amendments made to this act in
March 1993, any furniture included in accommodation must meet all fire
resistance requirements. Due to the liability and regulations involved,
we DO NOT manage furnished properties.
Electrical Equipment
(Safety Regulations) 1994
This regulation
came into force in January 1995 and makes it an offence to supply electrical
equipment that is not safe. From January
1997, there is a further requirement upon manufacturers to mark equipment or
the packaging with the ‘CE’ symbol to confirm that technical safety standards
have been met.
To comply with the above regulations, a certificate is required
stating that the electrical supply, equipment and appliances in the property
are safe. This needs to be carried out
by an electrician who is NICEIC approved (or equivalent) and inspected regularly thereafter. We require a current certificate prior to
a tenant taking occupation. See also
the paragraph relating to appliances.
Gas Safety (Installation & Use)
Regulation 1994
The law states
that any gas appliances in rented properties must be serviced and tested annually. These are usually undertaken
simultaneously. A CORGI registered
fitter must carry out this service and inspection and a certificate must be
issued to the tenant prior to the commencement of the tenancy. We require a current certificate prior to
a tenant taking occupation.
INSTRUCTION BOOKS MUST BE SUPPLIED.
The
penalty for non-compliance of the above regulations
is a
maximum fine of £5,000 and/or 6 months imprisonment!
Fee Structure
Option 1 – Full Management
Service
This service is offered at a charge of 12.5% + VAT of any rent
received. An
additional administration charge is payable at the start of any new tenancy equivalent
to one week's rent + VAT.
Option 2 – Finders Only Service
This service is offered at a charge equivalent to one month's rent. Due
to the complexities of deposits, we recommend the
full management service.
IMPORTANT
Due to the
complexities of the tenancy deposit protection and the legal safety
requirements, we will not draft a tenancy agreement until five days after
receipt of all the required paperwork and keys.
This includes:-
·
Landlords Gas Safety Record – and evidence that all
repairs have been undertaken
· Periodic Electrical Inspection Report (including any
PAT testing)
·
Confirmation of Instructions
·
Relevant Instruction Manuals
The five days
then allow us to prepare for the tenancy properly and avoid future problems
which should benefit you as the landlord to have a trouble free tenancy.
Antony
Richards Property Services Management Rental
Checklist