LANDLORDS

Electrical, gas plumbing, waste, central heating and hot water systems must be safe, sound and in good working order. Repairs and maintenance are at the Landlords expense unless misuse can be established. Interior decorations should be in good condition and preferably plain, light and neutral.

Your property can be let fully furnished, part furnished or unfurnished. Which of these is appropriate will depend on the type of property and local market conditions. We will be pleased to give you advice on whether to furnish or not and to what level. As a minimum you will need to provide decent quality carpets, curtains and light fittings. Remember that there will be wear and tear on the property and any items provided.

Personal possessions, ornaments, pictures, books etc. should be removed from the premises, especially those of real or sentimental value. Some items may be boxed, sealed and stored in the loft at the owner’s risk. All cupboards and shelf space should be left clear for the Tenant’s own use.

Gardens should be left neat, tidy and rubbish free, with any lawns cut. Tenants are required to maintain the gardens to a reasonable standard, provided they are left the necessary tools. However, few Tenants are experienced gardeners, and if you value your garden, or if it is particularly large, you may wish us to arrange visits by our regular gardener.

At the commencement of the tenancy the property must be in a thoroughly clean condition, and at the end of each tenancy it is the Tenants' responsibility to leave the property in a similar condition. Where they fail to do so, cleaning will be arranged at their expense.

It is helpful if you leave information for the Tenant, e.g. on operating the central heating and hot water system, washing machine and alarm system, and the day refuse is collected etc.

You should provide one set of keys for each Tenant. Where we will be managing we will arrange to have duplicates cut as required.

If your property is mortgaged, you should obtain your mortgagee’s written consent to the letting. They may require additional clauses in the tenancy agreement of which you must inform us.

If you are a leaseholder, you should check the terms of your lease, and obtain any necessary written consent before letting.

You should ensure that you are suitably covered for letting under both your buildings and contents insurance. Failure to inform your insurers may invalidate your policies. We can provide information on Landlords Legal Protection, Rent Guarantee Cover and Landlords Contents and Buildings Insurance if required.

We recommend that you arrange for regular outgoings e.g. service charges, maintenance contracts etc. to be paid by standing order or direct debit. However where we are managing the property, by prior written agreement we may make payment of certain bills on your behalf, provided such bills are received in your name at our office, and that sufficient funds are held to your credit.

We will arrange for the transfer of Council Tax and utility accounts to the Tenant. Meter readings will be taken, allowing your closing gas and electricity accounts to be drawn up. All these matters we will handle for you, however British Telecom will require instructions directly from both the Landlord and the Tenant.

When resident in the UK, it is entirely the Landlords responsibility to inform the Revenue & Customs of rental income received, and to pay any tax due. Where the Landlord is resident outside the UK during a tenancy, he will require an exemption certificate from the Revenue & Customs before he can receive rental balances without deduction of tax. Where we are managing the property we will provide advice and assistance on applying for such exemption.

It is most important that an inventory of contents and schedule of condition be prepared, in order to avoid misunderstanding or dispute at the end of a tenancy. Without such safeguards, it will be impossible for the Landlord to prove any loss, damage, or significant deterioration of the property or contents. In order to provide a complete Service, we will if required arrange for a member of staff to prepare an inventory and schedule of condition, at the cost quoted in our Agency Agreement.

From 1 December 2022, everyone who rents a home in Wales will have an ‘occupation contract’. An occupation contract is the agreement between tenant or licensee called the ‘contract-holder’ - and their landlord.

Most people who rent their home from a private landlord will get a particular kind of occupation contract called a ‘standard contract’. This will either be a fixed term standard contract or a periodic standard contract. A fixed term standard contract requires both the contract-holder and the landlord to commit to a minimum term, often the first six months of occupation. After the end of this initial fixed term, the contract-holder and the landlord may agree a new fixed term and the contract-holder will be given a further standard fixed term contract. Alternatively, if the contract-holder remains in occupation (without a new contract) a periodic standard contract is automatically created, and this will continue until either the contract-holder or the landlord brings it to an end.

However, there is no requirement for a fixed term contract, and the contract-holder might start their occupation under a periodic standard contract. A periodic standard contract is one which rolls over from one rental period to the next (e.g. from week to week or month to month).

Annual safety check: Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety at least every 12 months by a Gas Safe registered engineer. They must be maintained in a safe condition at all times, records kept for at least 2 years, and a copy of the safety certificate given to each new tenant before their tenancy commences. To ensure all properties are fit for human habitation, a carbon monoxide alarm must be placed in every room with a solid fuel-burning appliance.

A landlord is required to have the electrical installation of the dwelling tested every five years unless the requirements of the previous EICR indicate a shorter testing interval is required. Where a shorter interval is recommended the five-year period will not apply and a future test must be undertaken at the recommended interval. Failure to do so will mean the dwelling is considered unfit for human habitation.

The current EICR must be made available to the contract-holder within 14 days of the occupation date. Where a PIT is carried out after the occupation date the EICR must be provided to the contract-holder within 14 days of the inspection date.

In addition, a landlord is also required to provide the contract-holder written confirmation of all investigatory and remedial work carried out on the electrical installation. This written confirmation must be provided to the contract-holder within 14 days of the occupation date. Where investigatory and remedial work is carried out after the occupation date the written confirmation must be provided within 14 days of the landlord receiving this confirmation.

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, and certain other items. Non-compliant items must be removed before a tenancy commences.

The presence of smoke alarms is intended to reduce the risk of fire. Without a smoke alarm fitted an occupier is at least 4 times more likely to die because of fire. The FFHH Regulations require a landlord to fit a working smoke alarm on every storey of a dwelling. The alarm must also be connected to the electrical supply and be linked to any other smoke alarms that have to be fitted under the regulations. Smoke alarms should be fitted where they can be heard by the occupier when asleep, usually a hall or landing area.

More than one smoke alarm may be fitted on each storey. If so, it is good to have all alarms inter-linked and hard-wired into the electrical supply. However, if the landlord has met the minimum requirement of one hard-wired and inter-linked smoke alarm on each storey, any additional alarms do not have to be inter-linked and can be battery powered.

Smoke alarms must be present from the occupation date, that is the date the contract-holder moves in. Where the contract-holder is already living in the property when the Act comes into force on 1 December 2022, the landlord must provide smoke alarms no later than 1 December 2023.

If your property is on 3 or more levels and let to 5 or more tenants comprising 2 or more households (i.e. not all of the same family) it will be subject to mandatory licensing by your local authority. Whether mandatory licensing as above applies or not, if there are 3 or more tenants not all related in any property, it is still likely to be an HMO, and special Management rules will apply.

The HHSRS provides an analysis of how hazardous a property is through assessment of 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. The HHSRS is enforced by local authorities.

All deposits taken by landlords and letting agents under Occupation Contracts in Wales must be protected by a tenancy deposit protection scheme. To avoid any disputes going to court, each scheme is supported by an alternative dispute resolution service (ADR). Landlords and letting agents can choose between two types of scheme; a single custodial scheme and two insurance-based schemes.

The DDA 2005 addresses the limitations of current legislation by extending disabled people’s rights in respect of premises that are let or to be let, and commonhold premises. Landlords and managers of let premises and premises that are to let will be required to make reasonable adjustments for disabled people.

Energy Efficiency requirements in Wales

Since April 1st 2020, most rental properties in Wales should have an Energy Performance Certificate displaying a rating of E or above. If this is not the case, the property is likely failing to meet the Minimum Energy Efficiency Standard requirements set by the UK Government.

Landlords who continue to let out rental properties below an E are risking operating illegally and should consider how to secure energy efficiency improvements without delay.

Whilst there is a legal basis for improving low performing homes, you and the tenant will also experience multiple benefits by doing so. They include:

• Cheaper energy bills and added comfort for your tenants
• Potential increase in the value of your rental property
• Reduced impact on our environment
• Less damp and condensation
• Better health for the tenant