Letting Guide

Our agent responsibilities are always the minimum you will receive, regardless of the service you choose at Estates East.

TYPES OF SERVICES

Agents responsibilities

As soon as the Landlord has instructed the Estates East, we will:

  • Receive one set of keys at the time of instruction, or confirm access arrangements to enable us to commence viewings.
  • We will market the property on all portals (Zoopla & Rightmove) and display the property details in our shop window (if appropriate).
  • Organise and conduct viewings. If the property is occupied we will liaise with the current occupiers to ensure viewings are suitable.
  • Provide the Landlord with regular feedback and updates by phone/email and inform the Landlord of all interested parties and all offers received from prospective tenants.
  • Negotiate offers until an offer has been accepted by the Landlord.
  • Apply for and take up references (payable by Landlord) through a credit referencing agency. This includes Right to Rent Checks and all subsequent follow-up checks.
  • Subject to your instruction, Estates East will provide a tenancy agreement (Please see Landlord charges for the tenancy agreement cost). We will draw up a draft tenancy agreement and provide a copy to the prospective tenant and Landlord.
  • Arrange for a comprehensive inventory to be prepared before the start of the tenancy (payable by Landlord). We will not accept any responsibility for the accuracy of the inventory, unless where there has been negligence or breach of contract on our part.
  • Arrange for the keys to be handed over to the tenants at the start of the tenancy, provided clear funds have been received before the date of commencement of the tenancy. If sufficient sets of keys or access fobs are not provided at the start of the tenancy, the Landlord will be liable for the cost of any keys/fobs/locksmith charges we need to arrange.
  • Once tenants move in and funds are cleared, Estates East will provide a financial statement showing monies in and expenditure.

Full Management Service (In additional to the agent responsibility)

  • Estates East will collect the monthly rental payments. Payments will be sent to the Landlord within 5 working days of receipt along with a statement of income and expenditure.
  • In the event of an emergency call out the Landlord will be liable for this cost and any parts needed to resolve this matter. Every attempt will be made to contact the Landlord where possible.
  • Upon signing this agreement, the Landlord agrees that Estates East will not be held responsible for non-payment of rent. Estates East will contact the Landlord to advise of such arrears and will assist in working with solicitors to resolve this matter. The Landlord agrees to pay all costs relating to this process.
  • Estates East will assist the tenants with changing over any utility bills. Please note that Estates East cannot be held responsible for any charges or costs relating to the change of utilities.
  • Estates East will arrange a checkout to take place on the last day of the tenancy agreement (payable by Landlord). This document will be used to establish if any deductions are to be made from the deposit.
  • Upon termination of this agreement Estates East will provide an up-to-date rental valuation upon which a remarketing price can be agreed.
  • When instructed by the Landlord, Estates East will serve 2 months' notice to the tenants to end the tenancy agreement.
  • 2 months prior to the end of the tenancy, Estates East will contact both Landlord and tenants to enquire about their intentions to renew. The lettings team will provide the current market value and upon confirmation from the Landlord Estates East will renew the tenancy agreement. (Please see additional charges for renewal costs).
  • Estates East will instruct works if costs are below £150.00, should approval not be obtained. Where more serious repairs are needed and/or insurance work, the Agent will contact the Landlord for approval or instructions in regards to the work to be carried out.
  • The Agent will advise on and ensure compliance with the Gas Safety (Installation and Use) Regulations 1998 with regard to the inspection, maintenance, and keeping of records in respect of gas appliances in tenanted premises, the Landlord being responsible for all costs involved.
  • The Agent will collect a security deposit for the property and ensure that this is dealt with in accordance with the tenancy deposit legislation. (Please see additional charges for this cost).
  • Estates East will carry out one free inspection throughout the tenancy, therefore Landlord will be contacted for an additional inspection towards the end of the tenancy agreement. (Please see additional charges for cost).

Rent Collection Service (In addition to the agent's responsibility)

  • Estates East will collect the monthly rental payments. Payments will be sent to the Landlord within 5 working days of receipt along with a statement of income and expenditure.
  • Upon signing up with Estates East, the Landlord agrees that Estates East will not be held responsible for non-payment of rent.
  • Estates East will contact the Landlord to advise of such arrears and will assist in working with solicitors to resolve this matter. The Landlord agrees to pay all costs relating to this process.
  • Upon termination of the agreement, Estates East will provide an up-to-date rental valuation to which a remarketing price can be agreed.
  • The Agent will collect a security deposit for the property and ensure that this is dealt with in accordance with the tenancy deposit legislation. (Please see additional charges for this cost).

Let only Service (In addition to the agent's responsibility)

  • The Agent will receive and account for the collection of the first month's rent together with security deposit equivalent to 5 weeks rent, by submitting a statement of income and expenditure to the Landlord.
  • The Agent will credit to the Landlord's nominated bank / building society account within 14 days of the start of the tenancy the total rent for the first month received from the tenant, less commission at the agreed rate.

RULES AND REGULATIONS

As a landlord, you need to know your legislation, or at least have a professional agent, who knows it for you.

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Landlord's obligations

These are determined in Section 11 of the Landlord and Tenant Act 1985. You will be responsible for maintaining the structure and exterior of your property, heating and plumbing installations and dealing with other routine repairs.

Leasehold properties

If your property is leasehold, your lease will specify whether or not it is necessary to obtain permission to sublet from the freehold company or managing agent. It is essential to clarify the situation before marketing your property as some leases place restrictions on the type of sub-letting that will be approved. If your property is leasehold, you will be responsible for paying the service charge and ground rent.

Buildings and contents insurance

All landlords should ensure that they have adequate buildings and contents insurance cover. Tenants are responsible for insuring their own contents and personal belongings.

Please note: standard homeowner insurance policies will not suffice once a tenant is in residence as you are no longer the owner-occupier. It is also important to check on cover periods when the property is empty. We recommend that you check your policy thoroughly. We can supply you with names of specialist insurers if required.

Tenant's obligations

The tenant has a duty to take proper care of your property and use it in a responsible way, pay the rent and keep to the terms of the tenancy agreement. If the tenants cause damage to the property, they are responsible for the cost of repair providing it is not deemed to be fair wear and tear.

Local Authority Private Landlord Licensing Schemes

Every privately rented home in Waltham Forest must apply for a private rented property licence (PRPL) unless an exemption applies. And if you're the owner of multiple rented properties in the borough, you must complete an application for each property. Licence fees covering the application for a PRPL vary across different councils and are issued for a maximum of five years. This fee is non-refundable for submitted applications - or if you sell or stop letting your property. Talk to us and we'll always give you the latest and accurate costs.

What you need to know

Statutory Obligations under the Landlord and Tenant Act 1985. The landlord has a statutory responsibility under Sections 11 to 16 of the Landlord and Tenant Act 1985 which state that landlords must:

  • Keep the structure (including the drains, gutters and downpipes) and the exterior of the Property in good order and repair
  • Keep the appliances for supply of gas, electricity and water in good repair
  • Keep the appliances for supply of space heating and water heating in good repair, and keep the sanitary appliances in good repair
  • Carry out repairs within a reasonable time

If the landlord does not comply with the statutory obligations, the tenant may ask the local authority to issue the landlord with a Notice requiring the work to be done. The tenant also has the right to arrange for the work to be done and withhold rent equivalent to the amount spent.

Gas Safety (Installation and Use) Regulations 1998

Under the Gas Safety (Installation and Use) Regulations 1998, it is a criminal offence to let premises with gas installations pipe-work and appliances that have not been checked by a Gas Safe registered engineer. The landlord should ensure that all gas appliances are serviced and maintained at least once a year and keep a record of such maintenance, which must be undertaken by a Gas Safe registered engineer in order to comply with the regulations. By law, a gas safety check must be carried out once a year and a copy given to the tenant prior to the commencement of the tenancy.

  • Pipe work, appliances and flues provided for tenants and maintained in a safe condition
  • All appliances and flues that are provided for tenants use have gas safety check every 12 months
  • Maintenance and annual safety checks are carried out by a business/engineer www.gassaferegister.co.uk registered on the Gas-Safe register
  • All gas equipment (including any appliances left by previous tenants) is safe or otherwise removed before re-letting
  • Provide a record of safety checks to the tenant within 28 days of completing the check or to any new tenant before they move in
  • Keep a copy of the safety check record for two years

The Furniture and Furnishings (Fire Safety) Regulations 1993

It is a criminal offence, punishable by a fine and/or a prison term, to let premises with upholstered furniture which cannot be proven to comply with the safety regulations. The landlord must ensure that all furniture, soft furnishings, padded beds and headboards, mattresses, pillows and cushions supplied to the property comply with the provisions of the Furniture and Furnishing (Fire) (Safety) Regulations 1993. If labels are not on the relevant items or satisfactory documented proof of compliance is not received prior to the commencement of the tenancy, we reserve the right to remove and dispose of non-compliant items at the cost of the landlord.

Electrical Equipment (Safety) Regulations 1994

The landlord warrants that the electrical installation and appliances in the Property are in safe working order and where appropriate comply with the Electrical Equipment (Safety) Regulations 1994 and the Plugs and Sockets (Safety) Regulations 1994. The regulations also state that instruction books for all items of electrical equipment must be left at the Property, otherwise the item will not be deemed safe and must be removed. The landlord is responsible for ensuring that all electrical appliances within the Property comply with the above regulations and are tested to ensure compliance. It is best practice to ensure an electrical safety check is carried out annually.

Part P Building Regulations (Electrical Safety in Dwellings) 2005

These state that any person having certain types of hard wiring work, known as “notifiable works”, carried out at a property must use a contractor who is part of an approved scheme. Any other person carrying out such work must obtain consent from the building inspector prior to starting the job and have the finished work inspected and approved by the inspector. All electrical contractors carrying out work instructed by the agent on behalf of the landlord while the agent is managing the property will be members of an approved scheme. The agent can only use the landlord's preferred contractor if proof is provided that the contractor is a member of an approved scheme, has current public liability insurance and is easily available.

Smoke Detectors Act 1991

Although it is deemed best practice, there is no legal requirement to install smoke alarms in a property unless it was newly built from 1992 onwards or it is a house in multiple occupation when the alarms must be wired into the mains electricity system (HOM), with a battery backup. If the landlord has installed any type of smoke alarms, fire extinguisher, or fire blankets in the property they must be regularly checked to ensure they are in working order. In particular the landlord must ensure they are tested prior to the start of a tenancy and be noted as in working order. Failure to do so could mean liability for any injury suffered by a tenant or other visitor to the property. By signing this agreement the landlord gives the agent authority to replace any item that the agent believes is not in working order at the landlord's expense.

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

An Energy Performance Certificate (known as an EPC) details the energy and efficiency rating of a property and gives landlords and prospective tenants information on how much the average cost is to heat and light the property for a year. An EPC is valid for ten years. Please note that EPCs must be arranged and the certificate given to tenants prior to any new tenancy agreement being signed and as soon as possible after our instructions to market the property. There is currently no legal requirement for EPCs to be given to tenants of properties whose agreements (fixed term or periodic) commenced prior to October 2008. Estates East can arrange an EPC on your behalf at a cost to you of £75 plus vat.

Sections 47 and 48 of the Landlord and Tenant Act 1987

In accordance with Section 47 of the Landlord and Tenant Act 1987 any rent demand, which includes the tenancy agreement, must state the landlord's actual address. Should the actual address of the landlord not be shown, the rent is not lawfully due from the tenant. In accordance with Section 48 of the Landlord and Tenant Act 1987, the landlord must provide an address in England and Wales where a Notice of issue of proceedings may be served upon them by the tenant. Please note that the rent is not legally due to the landlord unless this requirement of the Act is satisfied.

Discrimination

We will not discriminate against any person under the definitions of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 2005 or the Equality Act 2006. We will not discriminate, or threaten to discriminate Against any prospective tenant of the landlord's property because that person is, will not be, or is unlikely to be accepting services that the agent will (directly or indirectly) provide.

Data Protection Act 1998

We take all reasonable care to prevent any unauthorized access to or use of your personal data. We have a responsibility to keep your information confidential and will only use it:

  • In the event of non-payment of fees to a debt collection agency
  • Where specifically required to do so by law
  • When instructing solicitors
  • To change account details for council tax
  • When a contractor's invoice has not been settled by you

Deregulation Act 2015

If the deposit was received before 6 April 2016 and is held against a statutory periodic tenancy, which also began before 6 April 2007:

  • The landlord is NOT required to protect the deposit under the Housing Act 2004. BUT from March 26 2015, if the landlord wishes to gain possession of the property under section 21 Housing Act 1988, the deposit must be protected and prescribed information must be served before a valid section 21 notice may be issued. No financial penalty applies for late protection. If the deposit was received before 6 April 2007 and is held against a statutory periodic tenancy which began after 6 April 2007:
  • Unless the landlord has already done so, the landlord must protect the deposit and serve prescribed information by 23 June 2015 or if earlier, before a court decides on proceedings under s21 Housing Act 1988 (for possession) or s214 Housing Act 2004 (for failure to protect a deposit). If on 26 March 2015 the tenancy no longer exists or no deposit is being held, the deposit protection requirements are deemed to have been complied with. If the deposit was received on or after 6 April 2007 and was correctly protected at the time the deposit does not need to be re-protected nor prescribed information served again renewal (or at the start of a statutory periodic tenancy) if:
  • The tenant(s), landlord(s) and premises remain the same
  • The deposit is held in the same scheme Prescribed information can include details of a person representing the landlord. The Act confirms that where an agent has protected the deposit on behalf of the landlord, the agent's contact details may be provided in place of the landlord's.

Accounts

Estates East will ensure that rent is paid on the due date 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 Estates East client account and this is then transferred into your account each month.

Inspections

We carry out routine visits to the property during the term of the tenancy on our fully managed properties.

Extending or terminating the tenancy

Many tenants extend their tenancy and in some cases for several years. If no notice is served on the tenant, the tenancy automatically continues on a statutory periodic basis. The landlord can terminate the tenancy at the end of the initial tenancy period or at any time thereafter by giving the tenant a minimum of two months notice on the rental due date. The tenant can either leave on the last day of the initial tenancy period or can give one month's notice at any time thereafter.

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-compliance with these regulations is a fine of £5,000 or 6 months imprisonment.

Smoke 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 Estates East strongly recommend that at least one smoke alarm is fitted to each floor of your property.

Energy Performance Certificates

Energy Performance Certificates (EPC) have been introduced to help improve the energy efficiency of buildings. Landlords need to provide an EPC with an E+ rating, which will be valid for ten years, to prospective tenants, the first time they let or re-let a property.

Taxation of Rental Income

Overseas landlords are responsible for obtaining their exemption certificate and the appropriate forms should be submitted as early as possible as they can take several weeks to process. The Team at Estates East can advise you on how to sort this out.

Estates East advise 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 imprisonment so tenants are not allowed to occupy a property without a certificate.

UK & Non-UK 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 taxpayer, tax will be payable at the higher rate. The normal method of reporting your taxable assets to the Inland Revenue is a Self-Assessment Tax Return form. We strongly advise that you take independent advice from a tax specialist. The following deductions can be made from your rental income to arrive at the net income, which is subject to tax:

  • Interest on mortgage
  • Property repairs
  • Letting and management charges
  • Buildings insurance
  • Ground rent
  • Service charges

Non-UK resident landlords

The Non-Resident Landlord (NRL) scheme is for taxing the UK rental income of persons whose "usual place of abode" is outside the UK. If you are treated as a nonresident landlord you still have to pay UK income tax on rental income from your UK property.

Unless the landlord can provide Estates East with a current Inland Revenue exemption certificate, the law obliges us to deduct basic rate tax from rents received and for us to account to Inland Revenue quarterly. Any landlord named on the tenancy agreement, when living overseas, requires a separate exemption certificate.

All legislation here was correct at the time of printing, Estates East keeps a constant monitor on the above and updates landlords of any changes.

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