Letting a property can be a simple process providing the Landlord has a clear understanding of the legal requirements of a Tenancy and the implications of the 1988 Housing Act (as amended by the Housing Act 1996 and 2004) and the most recent Tenant Fee Act 2019.
This is not an ‘all encompassing’ guide to letting a property it’s just to remind you of some of the things you need to be aware of. By letting you can usually earn enough to pay the mortgage and upkeep of the property, and maybe enjoy a surplus, but landlords need to be aware of the legislation that dictates their responsibilities. Armed with this information, and the comfort that Emmersons will carefully vet any prospective Tenant/s for you, should enable you to enjoy total peace of mind that your property is in good hands.
We use a professional referencing agency who carry out credit checks, obtain employers’ references and references from any previous landlord/agent. References are usually completed within a few days, depending on the proposed start date of the tenancy. As soon as the references are approved we notify the landlord and the prospective tenant so that the Tenancy Agreement can be finalised.
We always endeavour to gauge the financial situation (income/salary) of the tenant/s prior to referencing. If, however, there are concerns about the financial viability of the tenant/s we will discuss the possibility of using a Guarantor with all parties.
The Government now requires Landlords to ensure that anybody entering into a Tenancy Agreement with them is entitled to live in the UK. This means that Landlords, or their agents, must check in person and hold copies of either a valid ID, Birth Certificate or Passport with appropriate and current visas.
The Government requires all Security Deposits to be held in an Approved Government Protection Scheme. We subscribe to the TDS (Tenancy Deposit Scheme). The threshold for the amount of Security Deposit that can be held is capped at the equivalent of five weeks rent for rentals up to £50,000 per annum, and six weeks rent if the annual rent exceeds £50,000.
We use a Professional Inventory Company to supply an accurate record, with photographs, of the condition of the property and furnishings, at the start of the tenancy and confirm this with the Tenant/s.
Clerks will check the condition of the property at the end of the tenancy against the inventory which can be used to support any claim for dilapidations. The Landlord is responsible for all inventory costs.
Landlords may use their own inventory, or an existing one, and conduct Check Ins/Check Outs themselves. However, the use of an independent company can strengthen any case for dilapidations.
Inventory costs depend on the size of the property and whether it is furnished. Click here to download our Inventory Charges. We can provide quotations for larger more individual properties on request.
We would usually expect to be able to agree any reasonable deductions from the security deposit with the outgoing tenant, but if this is not the case and arbitration via the Tenant’s Deposit Protection Scheme is necessary, our charges for managing the dispute, and any quotations for repairs needed, are detailed in our Landlord’s Fee Guide.
If you are letting out your own home whilst you are away, you need to be aware of any conditions attached to your Mortgage. Most lenders (other than Buy to Let Lenders) insist on you notifying them that you intend to let out your home, only rarely do they object but you should obtain their permission before the start of a tenancy.
Buildings Insurers (often connected with the mortgage) will require you to notify them if the property is vacant for any extended period (usually 28 days or more) and will want to know if you are letting it out. Similarly, if the property is being let furnished you will need to make sure that your contents insurance takes this into account. Tenants are responsible for the insurance of any belongings they bring into the property. If you are concerned about the insurance of your home whilst you are away, or a property you are letting out, Rent4Sure, a specialist insurance company for Landlords should be able to help. Rent4Sure
Very occasionally tenants’ circumstances will change and they may find themselves falling into arrears. We would always discuss this with you as soon as we suspect that there is a problem. If it is necessary to seek possession of the property prematurely, legal notices will need to be served. We recommend these are served by a specialist lawyer who would liaise with us and the landlord to advise on the best course of action, and if necessary attend a court hearing with us.
In order to minimise the risk to our Landlords we recommend that they take out legal expenses and rent guarantee insurance. One company who specialise in this insurance is Rent4Sure who offer legal defence, legal prosecution and rent arrears cover, with 6 and 12 month policies available. – Click here to choose the right insurance for you.
At Emmersons we offer a full range of services to help you rent your property. We can provide advice on valuations, marketing, insurance, letting and management, re-letting. Speak with one of friendly dedicated staff today.
At Emmersons we know that Landlord's often have different requirements and expectations. It’s our job to discuss these with you right from the beginning so that we deliver the best service for you. Call 01628 633893 email email@example.com and our friendly team are waiting to help.
Having thoroughly researched the market, we are convinced that our Landlord fees are highly competitive. We are committed to offering the very best service to our clients and an assurance that tenants are thoroughly vetted. We won’t let your property to someone who we wouldn’t consider for our own. Members of ARLA and Deposit Protection through The Property Ombudsman.