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LAND ESTATES
Sales, Lettings & Management

Landlord Responsibilities

Welcome to Land Estates

Estate and Lettings Agents in and around Dartford

Regulations seem to exist around every corner when you become a Landlord and it can be hard to stay in line. We have been helping landlords and tenants for many years, so feel free to ask us at any time if you need help. 

As a landlord of residential property, you have a duty of care to your tenant and a legal obligation to comply with relevant Health and Safety legislation. Failure to meet these obligations may lead to criminal and civil proceedings.

You must be aware of the current safety regulations before you sign the Terms of Business thereby creating a contract with us. We require all properties to meet relevant legal safety standards before the tenant moves in, safeguarding you from any potential legal action. Please find below a simple check list of your legal responsibilities:

Right to Rent

It is a legal requirement to thoroughly check a tenant’s right to rent a property in the UK. All prospective tenants over 18 years of age must be legally checked.

We have technology that enables us to quickly check a tenant’s eligibility but it is also important that either you or your agent meets the tenant in person.

right-to-rent
passport

Anti-Money Laundering

Standard checks performed to confirm the identity and authenticity of any funds involved in a transaction.

AML is a legal requirement for all estate agents. With HMRC are targeting any criminal activity in the property sector. Every time you market a property with an estate agent you will need to provide a valid photo ID and a recent utility bill.

We will perform these same checks on your prospective tenants.

Structure of the property:

You must keep the exterior and structure of the property in good repair. This includes heating, drains, gutters, external pipes, and installations for gas, electricity, water and sanitation.

structure
gas-safe

Gas Safety Certificates

A compulsory test proving that gas appliances and supply points in the property are safe.

GSCs must be renewed every 12 months by a registered engineer who will check the flue and appliance. Even if we do not manage your rental portfolio, we can assist you with arranging these checks. Please ask us for further details.

Also, remember to give your tenants a copy of the new GSC within 28 days of the check.

EPC

An EPC is a compulsory review of how energy efficient a property is.

The EPC lasts for 10 years, but new legislation states that properties can now only be let on a new term or renew on a fixed term if the property’s EPC rating is E or better. From April 2020, landlords will not be allowed properties rated at F or G. Listed buildings are exempt.

Contact us for advice on renewing or improving your EPC rating.

epc
pat-testing

The Portable Appliance Test (PAT)

All electrical appliances in your property should be tested and approved as safe to use.  This action is chargeable and is carried out by a qualified electrician and should be conducted every 12 months.

Electrical Installation Condition report (EICR)

The Electrical Installation Condition report (EICR) assesses the internal electrics in your property. This must be completed every five years and ensures that all fixed electrical equipment is in safe working order. This is currently mandatory for all HMOs and is soon to be made mandatory for all lettings. In addition to this, all electrical appliances in your property should be tested and approved as safe to use. This action is chargeable as is carried out by a qualified Electrician and Assured Short-Hold Tenancy.

To find a qualified Electrician please contact Land Estates.

Smoke & Carbon Monoxide Alarms

All rental properties must have a smoke alarm fitted on each floor which consists of living space. Under new legislation which is being introduced in October 2022, all rental properties will require a carbon monoxide alarm to be fitted in any room that has a gas burning or solid fuel-burning appliance. 

When new tenants move into your property you should document that alarms have batteries fitted and are in good working order. Fire safety and carbon monoxide regulations are being tightened regularly as the government pushes for higher standards across the rental secto

smoke-alarm
legionnaires

Legionnaires' Disease

A form of pneumonia that is caused by inhalation of droplets of water containing the Legionella bacteria. While uncommon, it is the responsibility of all landlords to assess their properties for risk.

A very simple initial assessment will show if water systems in your properties are at risk. Most normal domestic systems are considered low-risk due to the regular usage and flow of water, limiting standing water.

Contact us for advice on minimising risks and how to arrange an assessment.

Houses in multiple occupation (HMO)

The purpose of licensing, especially for HMOs, is to ensure that residential accommodation within the Private Rented Sector (PRS) is safe, well managed and of good quality with a particular focus on safety.

If the tenancy created results in the property becoming a House in Multiple Occupation (HMO) as defined by the Housing Act 2004, (The Act) the Landlord warrants that:

A House in Multiple Occupation (HMO) is any residential property occupied by three or more people sharing facilities like a bathroom and/or kitchen who form two or more ‘households’.

A ‘household’ is either a single person or members of the same family who live together. A family includes people who are:

  • Married couples or couples living together as married (including people in same-sex relationships)
  • Relatives or half-relatives e.g. grandparents, aunts, uncles, siblings, nieces, cousins
  • Step-parents and step-children and half-relatives
  • Foster parents and foster children

Some domestic staff would be included in the household if they are living in the house because of the terms of their contract e.g. an adult carer and up to three people receiving care are a single household.

There are three types of property licensing:

  • Mandatory licensing of large HMOs
  • Additional licensing
  • Selective licensing

Before granting a licence, the local authority must be satisfied that the owner and any managing agent of the property is fit and proper to hold a licence and that the property meets required physical standards.

If you are unsure whether your property requires a licence, please contact the local Borough Council directly to obtain clarification.

hmo
clean

Clean and Check-in

Rental properties must be clean when a tenant moves in, and a check-in records the state of the property at the time.

This makes both the move-in and move-out process run smoothly and minimises disagreements and delays when claiming for cleaning or damages at the end of a tenancy.

We advise a professional clean before the move-in date and an inventory at check-in to record the exact condition of all spaces inside and outside the property.

For any further queries, please contact Land Estates on 01322 413 501

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Steven Hall Mortgage Advisor

Steven Hall

Hi, my name is Steve and I am a Mortgage & Protection adviser covering the south-east of England.


I have personally been involved in the Mortgage and protection industry for over 15 years, with 13 of those as an Adviser.

Here’s just some of the types of scenarios we can help with:
• Residential Purchases and Re-mortgages
• Buy to Let Purchases and Re-mortgages
• Let to Buy Re-mortgages
• Help to buy mortgages
• Right to buy mortgages
• Shared Ownership Mortgages
• Capital raising for home improvements or deposit on investment properties

I am always more than happy to discuss any enquiries you may have. We offer a very personal service and pride ourselves on taking the time to find the perfect solution for your requirements.

So how does it work? We normally start with an initial call that lasts 5-10 minutes to establish if your expectations are realistic and if we are likely to be able to help you. If that goes well we can then look to set up a full mortgage appointment. Normally this is via a video meeting. Our aim then is to give you an idea of the likely costs, how much you can borrow and ultimately working towards providing you with something called a ‘decision in principle’. A decision in principle is a certificate from a prospective lender that confirms that your credit history is acceptable and how much you can borrow. This will give you the confidence that you are in a position to make an offer on a property and ensure that you are taken seriously by an estate agent and the vendor. Note that many estate agents will not even allow a viewing until you have a decision in principle. Lastly, once you find a property and your offer is accepted, we then guide you through the whole mortgage application process with the aim of making it as simple as possible for you.

THE FINANCIAL CONDUCT AUTHORITY DOES NOT REGULATE MOST BUY TO LET MORTGAGES

We typically charge a fee of £399 payable at the point of application for a purchase or on completion for a re-mortgage, however this will be dependent on your personal circumstances.

YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE

Expert Financial Services Ltd is an appointed representative of PRIMIS Mortgage Network. PRIMIS Mortgage Network is a trading style of Personal Touch Financial Services Ltd which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales No.9617865 3 Greystones Road, Bearsted, Maidstone, Kent, ME15 8PD. Head Office: 25 Nightingale Avenue, Whitstable, Kent, CT5 4TR