landlords’ guide · 2018. 7. 30. · presentation furnished or unfurnished gardens 3. permissions...
TRANSCRIPT
LANDLORDS’ GUIDE
LETTINGS & PROPERTY
MANAGEMENT
Brackley’s leading
Letting Agent
Hartley House, 29 Market Place, Brackley, NN13 7AB
01280 701001 [email protected]
LIST OF CONTENTS
1. Lettings Guide
2. Getting started
Presentation
Furnished or unfurnished
Gardens
3. Permissions
Utilities
Maintenance/Repairs
4. Buy to Let
Finding the right property
5. Service Level Options
Let & Rent Collection
Let only service
6. Marketing
Internet Marketing
7. Table of Services
8. Selecting the right tenant
Reference and Financial Checks
9. Setting up the Tenancy
Tenancy Agreement
Inventory
Wear and Tear
10. Property Maintenance
Accounting
Interim Visits
Extending or Terminating the Tenancy
11. Useful Numbers
12. Safety Regulations
13. Rental Income Taxation
UK Resident Landlords
Non UK Resident Landlords
14. Contact us
Meet the Team
www.macintyers.co.uk
Contents
1
Lettings Guide
www.macintyers.co.uk
Macintyers is a thriving independent
company giving local expertise and
knowledge to the residential lettings
market. The directors bring over fifty
years experience from which our cli-
ents benefit and we are committed to
training our staff to the highest stan-
dards.
Professionalism is demanded by today's landlords
and Macintyers are members of ARLA, the
Association of Residential Letting Agents, a
government recognised professional and regulatory
body solely concerned with residential lettings. ARLA
members are governed by Principles of Professional
Conduct, providing a framework of ethical and
professional standards at a level far higher than the
law demands. Therefore, landlords who use an ARLA
agent can be assured that they are receiving the best
and latest advise on all lettings matters.
Macintyers are also regulated by the Royal Institution
of Chartered Surveyors, a professional body which
places very high demands on the professional
conduct of its members in all areas of its business.
Letting your property will demand careful planning
and as a major investment should only be entrusted
to a professional agent who will look after your
interests and optimise your investment.
As a landlord you will have responsibilities and this
guide is designed to give you help and advice in this
area and explain the services we can offer you.
Whether you are an experienced investor or letting
your home for the first time we are in the best
position to let and manage your property.
Improvements in transport links and changing
lifestyles have made this a very popular area in which
to live, a fact reflected in the increasing number of
tenants seeking good quality accommodation of all
sizes.
We thank you for your enquiry and hope that this
guide will give you an insight into the professional
services offered by Macintyers.
Ben MacIntyre & Roger Tyers
Welcome to our Residential Lettings Guide.
2
Getting Started
www.macintyers.co.uk
GETTING STARTED
The first stage towards letting your property is
to meet with your chosen letting agent at the
property for a ‘Market Appraisal Appointment’.
We provide this service free and with no obliga-
tion.
Presentation
First impressions count! If your property is presented well,
it will not only achieve a higher rent but will also attract
better tenants. It is important to ensure that the property
is cleaned, that redecoration is carried out and carpets
professionally cleaned where necessary, windows cleaned
inside and out and the garden well tended. Macintyers
can advise you on the level and type of furnishings,
fittings, and appliances required and where redecoration
or other improvements are required.
Furnished or Unfurnished?
One of the first decisions to be made is whether to let
your property furnished or unfurnished. From experience
we find most prospective tenants are looking for
unfurnished accommodation so this is how we generally
advise you to let your property.
Unfurnished lettings generally include the following:-
Carpets or laminate flooring
Vinyl or tiled flooring in bathrooms & kitchen
Curtains or blinds
Light fittings
Built in kitchen appliances including a cooker but
not other free standing kitchen appliances. We
advise against leaving washing machines and
tumble driers as they are a liability for the landlord if they
break down and tenants normally have their own.
Smaller wall mounted items such as mirrors in the
bathroom and cloakroom, toilet roll holders and
towel rails. If these are not left, tenants tend to fix
and remove their own leaving unsightly drill holes in
the process. Door stops can also stop damage
behind doors and are strongly recommended.
If you choose to let your property furnished then:
All soft furnishings i.e. beds and upholstered chairs and
sofas must comply with the Furniture and Furnished (Fire)
(Safety) Regulations Act 1988. Any furniture
manufactured before 1988 will generally not comply.
All bed linen, towels and ornaments should ideally be
removed. Only basic kitchen equipment, cutlery and
tableware should be left. We do not recommend leaving
electrical appliances such as televisions or hi-fi equipment
as anything you leave will be your responsibility to repair
or replace if it breaks down.
Gardens
Garden maintenance is normally made the tenants’
responsibility and most tenants although rarely enthusias-
tic gardeners, are happy to maintain a small or medium
sized garden. However, if your property has a large garden
or requires specialist maintenance, we recommend that
you employ a gardener to look after it during the tenancy
with the cost of this being reflected in the rent.
www.macintyers.co.uk
3
Getting started
Permissions
Mortgage lenders—If the property is your usual residence
and the mortgage is not a ‘buy to let’ loan, you must
advise your lender and seek their permission before
making arrangements to let. If you do not do so, they
may be entitled to repossess the property and evict your
tenants. It is rare for lenders to refuse permission, but
you must ask them first.
Superior landlord/leaseholder - If the property is lease-
hold you should seek permission from the free-holders and
notify them of your plans to let .
Insurance - A landlord is responsible for arranging in-
surance on the buildings and any possessions left within
the property or outbuildings. The insurance should also
include personal liability insurance to cover you for exam-
ple, if a flat that you let has a washing machine which
floods and damages the flat downstairs. It is preferable
for this insurance to be a specialist letting policy, as stan-
dard policies may exclude certain situations such as dam-
age by tenants—even where the damage was uninten-
tional.
Utilities
You should notify all utilities and service providers that
you are letting the property and request closure of
accounts. Services should not be disconnected as this can
cause delays and problems when managing the property.
Tenants are usually responsible for Council Tax, Electricity,
Water Rates, Telephone and Gas or Oil Supply and we will
transfer these as part of our full Management services.
Royal Mail
You will also need to make arrangements with the Post Office
to forward your mail (we cannot forward mail without passing
on the Post Offices charges).
Maintenance/Repairs
Landlords should note that it is a legal condition of any tenancy
granted that the landlord should keep in good repair the
structure of the premises inside and out including decoration,
gutters and drains. Also all installations supplying water, gas,
electricity, oil, sanitation, hot water and space heating should
be kept in working order.
www.macintyers.co.uk
4
Buy to Let
Buy to Let
Historically, residential property has proved to be an
excellent investment with values on average doubling
every eight years over the last fifty years.
The abolition of rent controls, the landlord’s right to regain
possession, the availability of tailored ‘buy to let’ mortgages
at competitive rates, increased demand from a more mobile
workforce and changing lifestyles have all contributed to a
significant increase in the residential lettings market.
Property should always be viewed as a medium or long term
investment. There are short term rises and falls in property
values but over the long term, property has always
performed well as an investment. To ensure your property
investment is as good as it can be, it is important to buy the
right kind of property.
Finding the right property
Macintyers are able to provide all the expertise you need to
ensure that you choose the right type of property to suit
your budget and personal circumstances. We will advise you
on location, local demand and rental values to enable you to
achieve the most from your investment, as well as explaining
all the legal, financial and tax issues, wherever possible.
In general terms, the smaller the property, the greater the
rental return on your investment. One or two bedroom
houses and apartments and three bedroom houses are ideal.
Modern property is preferable from a maintenance point of
view but a carefully renovated older property is fine. Good
residential localities attract better tenants and demand is
stronger for town rather that country property. Small studio
apartments and bedsits are not ideal as there tends to be a
higher turnover of tenants and a greater problem finding
reliable, financially stable tenants.
www.macintyers.co.uk
5
Service Levels
Service Level Options
At Macintyers Property Management we offer three levels
of service to accommodate clients’ differing needs. Most
landlords opt for our Full Management Service, although
we also offer a Let and Rent Collection Service, and a Let
Only Service for very experienced landlords.
1 - Full Management Service:
Our full management service ensures that every aspect of
the letting process is dealt with on your behalf and includes
everything specified previously plus:-
We will organise for the transfer of utilities into the tenant’s
name and on a day to day basis we will be the point of
contact for the tenant should problems occur. We will also
effect minor repairs and pay charges relating to the property
provided we are in funds.
We will carry out regular visits to the property, usually every
three to five months, to ensure that proper care is being
exercised and check the condition. We will then report to you
on maintenance required and arrange for this to be
completed unless otherwise instructed.
We will also administer the renewal of the gas and electrical
safety checks where applicable and at the end of the tenancy
check the tenants out and advise on the apportionment of
the security deposit in accordance with the TDRSA.
2 - Let and Rent collection Service:
In addition to the let only service we collect the rent, usually
on a monthly basis, pay this into the landlord’s designated
account and provide a statement of account. If rent is not
paid we will make immediate contact with the tenant and
follow set procedures to collect arrears.
We will serve necessary notices and negotiate a new
agreement where appropriate, reflecting rent increases if
applicable. At the end of the tenancy you will be responsible
for checking the tenant out of the property and we will
disperse the security deposit when the landlord and tenant
have reached agreement on dilapidations or in accordance of
with the terms of the TDRSA.
3 - Let Only Service
We begin with a Comprehensive on-site meeting with you to
discuss your requirements, advise on current demand and
rental levels, advise on your property’s presentation and
relevant safety regulations and decide upon a marketing
Strategy.
Marketing commences with your property being listed and
advertised within our prominent office, on our website and
in the local property press. Details are circulated to corporate
and private tenants, viewings conducted and preparations
for letting the property completed.
Once a prospective tenant has been found and tenancy
terms have been negotiated on your behalf, references are
carried out which include credit checks. If these are
satisfactory then the tenancy agreement and the inventory
are prepared. Only once the tenant has signed up and paid
the first month’s rent and security deposit, usually equal to
one and a half month’s rent (which we hold under the terms
of the TDRSA), can keys be handed over.
At this stage we hand over legal documents to you as the
landlord and the tenancy, rent collection and management
of the property, including compliance with safety regulations
and the checkout become your responsibility.
www.macintyers.co.uk
6
Marketing
Effective Marketing
As soon as Macintyers receive your written instructions
to proceed, our lettings team will commence the process
of finding a suitable tenant and prospective tenants will
be contacted. A description and photograph of the prop-
erty will be distributed to prospective tenants and added
to our property list, our macintyers.co.uk website, and
other websites such as rightmove,co.uk and On the Mar-
ket.com .A selection of properties are displayed in the lo-
cal press every week and in our office windows. Macin-
tyers will continue this active line of promotion until a
suitable tenant has been secured.
Macintyers invest heavily in press and internet advertising
in order to generate constant enquiries from potential
tenants.
Our high profile, strong reputation and innovative
marketing generates considerably more enquiries than
most other local letting agents. All this works towards
getting your property let as quickly as possible.
Internet
The internet has become an essential tool in the marketing
of rental properties. Over 70% of people moving home use
the internet to search for property. Available 24 hours a
day, prospective tenants can view homes that are currently
available from wherever they are in the world. Because
property lists can be updated daily and contact can be
made online, the whole letting process is accelerated.
Our internet advertising generates daily enquiries from
individuals, military personnel, companies and relocation
agents.
All of our rental properties are featured on the following
websites, as well as on our website,
www.macintyers.co.uk:
Macintyers 01280 701001
7
Table of Services
Full Management
14.5% inc. vat
+£300 initial set up fee (inc vat)
Let & Rent
Collection
12% inc vat +£300 initial set up fee (inc vat)
Let Only
100% of the first months rent inc. vat
Initial visit including Legal & safety advice & marketing strategy
Marketing Including web sites, newspapers and mailings
Direct advertising to corporate tenants and relocation agents
Interviewing tenants and matching to your property
Accompanying all viewings of your property
Referencing of tenants including credit search and employer
Covering tenancy with Guarantor if necessary
Preparing tenancy agreement & inventory
Obtaining and holding a substantial deposit subject to TDSRA rules
Receiving rent and paying it to you by electronic transfer First month
only
Chasing tenant for overdue rent and serving the appropriate legal notices
Monthly statements sent by mail or e-mail
Checking the tenant into the property and agreeing the inventory Chargeable
Transfer utility accounts
Regular property visits throughout the tenancy & report to you by mail or
Arranging for routine repairs and maintenance to be carried out Chargeable
Arranging access for you or contractors with tenants Chargeable
Managing tenants’ queries and difficulties throughout the tenancy Chargeable
Responding to all mail regarding the property and tenancy Chargeable
Paying bills relating to the property from the rental income Chargeable
Yearly rent appraisals
Serving the appropriate notices for annual rent reviews
Arranging safety checks in line with your statutory obligations Chargeable
Serving the appropriate notices for repossession due to arrears
Serving the appropriate notices for repossession for any other reason Chargeable
Negotiating an agreement for the deposit return with you and your tenant
Preparing the case for TDSRA if a deposit dispute goes to adjudication Chargeable Chargeable
Remarketing the property during the notice period Chargeable Chargeable Chargeable
Returning the tenants deposit as agreed by tenant and yourself
Selecting the right
Tenant
A significant proportion of applicants are
unsuitable as tenants either because of their
financial situation, their age, or their inability
to look after a property carefully. The success
or failure of a letting agent rests on their
ability to make the correct judgement of an
applicant.
There is always an element of risk with letting,
but an experienced agent will know when to
refuse an applicant. The most appropriate
type of tenant will also depend on the type of
property and your own specific circumstances
and requirements. Macintyers will discuss
your particular needs in detail and strive to
find the most suitable tenant.
Different landlords make different stipulations regarding
what they will and will not allow. Typical exclusions
include the following, but remember, the stricter you are,
the more difficult it becomes to find a tenant:-
✔No pets
✔ No smokers
✔No children
Reference and Financial Checks
When a tenant has been found we employ stringent
referencing procedures which gives us an understanding of
their personal and financial circumstances. When it comes
to tenant selection we cannot guarantee to always get it
right, but out of the many lettings with which we deal, we
get very few problem cases.
8
Selection
Macintyers 01280 701001
9
Setting up the Tenancy
Setting up the Tenancy
Tenancy Agreement
Once we are satisfied with the choice of tenant, we will
proceed with preparing the tenancy agreement.
Macintyers use a comprehensive tenancy agreement which
has been carefully designed to protect your rights to
possession, to control the tenant’s activities, ensure that
you have redress if your property is not looked after
carefully and comply with standard building society
requirements. Tenancy agreements are normally for an
initial term of six months and thereafter six/twelve months
with your permission.
The Housing Act 1988 (as amended by the Housing Act
1996) specifies the types of tenancy and whilst there are
several types, it is likely that the tenancy of your property
will be an ‘Assured Shorthold Tenancy’
Inventory
We prepare a schedule of condition/inventory for each
tenancy. At the end of a tenancy the property is inspected
and any damage or deterioration of the condition of the
property is noted. The tenant is responsible for the cost
of rectifying any damage caused by them at the property
and this cost is deducted from the tenant’s deposit.
Wear and Tear
Please bear in mind that people will be living in the
property and reasonable wear and tear must be taken into
account. Depending on the length of time your property is
let, you must be prepared for some redecoration and other
work at the end of the tenancy.
Macintyers 01280 701001
10
Property Maintenance
www.macintyers.co.uk
Property Maintenance
We have staff on hand to deal with any maintenance
issues, oversee any essential repairs and arrange payment
of the contractor. Our prime concern is to ensure that the
property is maintained on your behalf, in the same
condition as that in which it was first let, allowing for fair
wear and tear. When appropriate we will advise you of
any improvements that may be needed in order to attract
quality tenants. Unless you have preferred contractors,
Macintyers will use one of a group of contractors who
have proved their reliability and good workmanship.
Accounting
Macintyers accounts team will ensure that rent is paid on
the due dates and passed on to you as quickly as possible.
They prepare statements of rental income and expenditure
every month to ensure that you have full information for
yourself and for your tax return.
The tenant pays rent into the Macintyers client account
initially and this is then transferred into your account each
month.
Our accounting complies fully with both the RICS and
ARLA bylaws and our bonded client accounts are
independently audited annually.
Interim Property Visits
We carry out routine visits of the property about every
three to five months. We do not carry out a survey of the
property but do check that care is being taken and check
the condition of the property. We then write to you on
maintenance required and arrange for this to be
completed unless otherwise instructed.
Extending or Terminating the Tenancy
Although our tenancy agreements are usually for an initial
term of six months or one year, many tenants extend their
tenancy and in some cases stay for several years. Towards
the end of the term of the tenancy we will contact you and
confirm your instructions and then either serve notice on
the tenant (minimum two months) or negotiate a new
tenancy for a further fixed period. Occasionally no notice is
served and the tenancy becomes “periodic” on a month to
month basis. In this case the landlord can end the tenancy
by giving a minimum of two months’ notice which must
expire on the same day of the month that the tenancy
commenced. The tenant can give one month’s notice.
11
Useful Numbers
Company Registration Number: 04824677
Oven & General cleaning Sparkles—Pete Brookes 07970 097744
Gardening Design Grow—Jane Jarvis 07976 155611
Builders and Repairs Simat—Simon Hemmings 07780 610700
G.S Building Solutions 01280 704566
Andy Price 07979 353465
General Maintenance RSJ—Roy Jenkins 07917 711198
Mobile Caretaking Services 07716 404914
Painting & Decorating Martin Hirons 07814 458506
Nigel Lumsdale 07785 375335
Windows & Doors Brackley Glass 01280 703277
Carpets Home Move Carpets 07831 500221
Electrical M Mumford Electrical 07920523662
Steve Valentine 07917 571197
Plumbing Lovell Plumbing 01295 711333
Champion Gas 07974 088785
Maxheat 07850 867939
Appliance Repairs Chris Brady 07778 330108
Locksmith ALS 01295 568068
Chimney Sweep John Underwood 07973 502269
Tree Services James Handford 07971 569697
Pest Management Pestwatch 07947 029280
Useful Numbers
12
Safety Regulations
www.macintyers.co.uk
Safety & Regulations
The following information is intended only as a guide for
landlords and should in no way constitute a detailed
interpretation of the complete regulations. Whilst the
regulations might appear onerous, they are designed to
ensure the safety of the property and tenants. Landlords
should note that the maximum penalty for non compli-
ance with these regulations is a fine of £5000 or 6 months
imprisonment.
Gas Safety (Installation and Use) Regulations 199 These
cover all gas appliances, flues, meters and associated pipe
work and require landlords to get an inspection carried
out by a Gas Safety Registered Engineer (formerly CORGI
registered) to check any gas installations. Once the engi-
neer is satisfied that the installations are safe, he will sup-
ply a Gas Safety Certificate, a copy of which must be held
by the managing agent and also given to the tenant be-
fore they move in. This certificate must be renewed once a
year. It is worth arranging the inspection before a tenant is
found, to avoid delaying the start of the tenancy. Breach
of this regulation can result in heavy fines or even impris-
onment so tenants are not allowed to occupy a property
without a current certificate.
Landlords are also responsible for ensuring that either the
operating instructions are shown on the appliance or that
an instruction booklet is supplied.
Oil Boilers and Chimneys
We require chimneys to be swept and oil boilers to be ser-
viced annually.
Furniture and Furnishings (Fire) (Safety) Regulations 1988
(Amended 1989 and 1993) This act covers all upholstery
and upholstered furniture supplied by the landlord in a
rented property, including; beds, footstools, pillows,
headboards, mattresses, sofa beds, futons etc. Furniture
manufactured since 1950 cannot be supplied to a tenant
unless it has been professionally re-upholstered with con-
forming materials. Compliant furniture will always carry a
label indicating that it complies.
The Electrical Equipment (Safety) Regulations 1994 As a
landlord you must be able to demonstrate that the fixed
wiring electrical installation and any electrical appliances
are safe. There is also an obligation in accordance of Sec-
tion 11 of the Landlord and Tenants Act 1985 to make the
property safe. Supplying unsafe electrics in a rented prop-
erty that result in injury or death could result in a landlord
being prosecuted. To ensure that the electrical installation
is safe our professional body, The Association of Residen-
tial Letting Agents (ARLA) recommend that before the
property is let, a competent qualified electrician who is a
member of one of the approved professional bodies,
carries out an “electrical installation inspection re-
port“ (EICR.)
Necessary updating highlighted by the “EICR” will need to
be completed by a qualified electrician prior to tenants
moving in and copies of certification provided to our
office.
Periodic inspections of the fixed wiring installation will
need to be repeated every five years. However, you will
generally find that once an installation has been brought
up to standard most will only require more minor
improvements after five years to stay up to standard.
An Energy Performance Certificate will be required before
marketing can commence.
Portable appliances (usually defined as those that are
plugged in) should be tested before each tenancy. Some
landlords choose not to leave any portable appliances in
their let properties, however not having appliances in the
kitchen can make a property less attractive to tenants and
increase void periods. As a landlord you are also responsi-
ble for ensuring that operating instructions are shown on
appliances or that instruction booklets are left at the
property.
Smoke & Carbon Monoxide Detectors
All new homes (built after June 1992) must be fitted with
mains operated smoke detectors. There are no specific
regulations governing older buildings, however,
Macintyers insist that at least one smoke alarm is fitted to
each floor of your property. We also recommend that a
carbon monoxide detector is supplied.
13
Rental Income Taxation
www.macintyers.co.uk
UK Resident
Landlords
If you are a landlord resident in the UK, your net
income from your investment property is subject to
income tax. The level of tax depends on your other
income. If you are
already a higher rate tax payer, tax will be payable at
the higher rate. The normal method of reporting your
taxable income to the Inland Revenue is by a self assess-
ment tax return. We strongly recommend that you
instruct an accountant to advise you on the implications
and allowable expenses before you start letting your
home or buy a property to let.
The following deductions can usually be made from
your rental income to arrive at the net income which
is subject to tax:-
Interest on mortgage (subject to conditions)
Property repairs
Letting and management fees
Building insurance
Ground rent
Service charge
Non UK Resident
landlords
The non-resident landlords (NRL) scheme is for taxing the
rental income of persons whose ‘usual place of abode’ is
outside the UK. If you are treated as a non resident land-
lord you still have to pay UK income tax on rental income
from UK property.
Unless the landlord can provide Macintyers with an
exemption certificate from the Inland Revenue, we are
obligated by law to deduct basic rate tax from rents
received and account to the Inland Revenue on a quarterly
basis. Exemption certificates are required by any person
named on the tenancy agreement who lives overseas.
Landlords are responsible for obtaining their own exemp-
tion certificate and the appropriate forms should be
submitted as early as possible as they take several weeks
to process. The majority of landlords apply for and are
granted an exemption certificate.
Details on taxation are correct at the time of printing.
Further information for non resident landlords and owners
tax advisor exemption application forms are available from
Macintyers or the Inland Revenue at:-
Centre for Non Residents Landlords,
Fitz Roy House,
P O Box 46,
Nottingham.
NG2 1BD
www.gov.uk/government/organisations/hm-revenue-customs
Our reference is NA012206 1502
14
Contact Us
www.macintyers.co.uk
Macintyers Residential
Lettings
Hartley House
29 Market Place
Brackley
NN13 7AB
Tel: 01280 701001
Ben MacIntyre
Director
Roger Tyers
Director
Yvonne Jones
Lettings Manager
Gill Hirons
Lettings Manager
Lyn Norris
Lettings Administrator
Sarah Tallon
Letting Agent
Julie Lovell
Lettings Agent
The Team