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Frequently Asked Questions

What do I do with the tenancy deposit?

From 6 April 2007 landlords or agents can only take a deposit from a tenant if that deposit is protected by a Tenancy deposit scheme. The landlord will have to provide the tenant information about the scheme safeguarding the deposit within 14 days. At the end of a tenancy both landlord and tenant must agree on the amount of deposit to be returned. The scheme must then repay the agree amount within 10 days of the agreement.

Do I have to tell my mortgage provider that I am going to rent out my property?

You need to advise your mortgage provider if you intend to rent out your home as most mortgages have a clause preventing you letting out your property without the approval of the lender.

Do I need to let my insurance company know I am renting out my house?

You must tell your insurance company you will be letting out your house. If you don't your policy will be void and your property will not be insured. You will also need to advise your insurer when your property is empty.

What could happen if I do not get a tenancy agreement signed when I let out my property?

It is best to get an agreement signed because it will be difficult to prove the terms of tenancy without one. If you don't have a signed agreement a short-hold tenancy will be created, which means the tenant will have a fixed term of 6 months within which you cannot ask him to move out unless he breaks the terms of tenancy

Can I inspect the property to see its state of repair and how the tenant is looking after it?

Most tenancy agreements allow the landlord access to a property once giving reasonable notice (at least 24hrs and in writing).

The tenancy agreement has expired do I need to get another agreement signed?

If the initial fixed term has expired you do not have to get another agreement signed unless you want to lock the tenant in for another fixed period. If another agreement is not signed the tenant then becomes a "statutory periodic tenant" meaning the rights and obligations of both landlord and tenant remain the same.

Who is responsible for repairs to the property?

The tenancy agreement should state who is responsible for repairs and maintenance. Under section 11 of the Landlord and Tenant Act 1985 and other safety legislation such as the Defective Premises Act 1972 there are certain items which the landlord is responsible for:

  • Gas appliances and flues must be tested annually by a CORGI registered installer and a certificate issued to the tenant
  • Heating and hot water systems.
  • Water, gas, electricity, drainage, sewerage and toilets
  • The electrical appliances and system should be safe.
  • The landlord must provide safety operating instructions for all equipment and appliances and locations for stop taps and isolator switches.
  • Hard wired smoke alarms if fitted
  • Furniture and furnishings must meet fire safety standards.

Do I need to get the gas appliances serviced?

  • Gas appliances should be serviced by a CORGI registered installer annually. You must check that this will be sufficient to meet maintenance regulations for the appliance. Always ask your CORGI installer and follow his instructions.
  • A safety check on all gas appliances must be carried out within one year before any new lease starts.
  • Give a copy of each safety check to your tenant within 28 days of completion or a new tenant prior to them moving in.

What gas appliances am I responsible for?

You are responsible for any portable or fixed gas appliance in the property unless it is owned by the tenant.

How do I know the gas installer is CORGI registered?

The will have a current CORGI photo ID. This will show a photo of the installer, GORGI registration number, expiry date of card and registered trading name. You can also go to the CORGI website www.corgi-gas.com

What if an appliance fails a safety check?

The safety check record will list any defects and the appropriate action required. You must rectify any defect before it is used again. This must be done by a CORGI registered installer.

 

 

 

What will happen if I don’t maintain the gas appliances?

You can be prosecuted which could result in imprisonment or a fine. You also risk that your lack of maintenance could result in a death.

Can I delegate this responsibility to my tenant or managing agent?

The responsibility remains the responsibility of the landlord.

Who pays council tax?

An owner occupier or tenant over the age of 18 is usually responsible for paying council tax. If there are tenants renting the property with the use of shared facilities e.g. kitchen then the landlord is generally responsible for payment of council tax.

What should I do if my tenant appears to have moved out?

You must obtain a court order to enter the property; you cannot assume they have moved out.

Who pays for the TV licence?

If you own the TV then you are responsible for the licence, if the tenant owns the TV then they should obtain the licence.

Can I just increase the rent my tenant pays?

You cannot increase the rent during an assured short-hold tenancy. If it is an assured tenancy then you can increase the rent but must follow a legal procedure which requires you to serve a notice to the tenant allowing them the chance to object. If you cannot agree then the rent assessment tribunal will inspect the property and make a binding decision.

I want to rent out a room in my house what should I know?

Your tenant is a licensee; this means they do not have security of tenure. You will still need to give them a reasonable notice (usually 4 weeks) if you want them to move out.

Do I have to declare my rental income for taxation?

You will need to declare rental income from rental properties within the UK and abroad, there are severe penalties if you do not.

My tenant wants to get out of his tenancy early, can I ask for all the rent owing till the end of agreement?

If the tenant just walks away you can sue them for the rent owing, speak to your tenant and ask them to come to an agreement for payment. They could pay the rent until a suitable replacement is located (you can ask the existing tenant to cover the cost of locating their replacement) or you could decide on a cash settlement for some of the rent remaining.

 

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