On receipt of your instructions to market your property whether under full management or let only, Bush & Co will advertise your property in our Mill Road office. This will take the form of window advertising and also a regularly updated property list which is available to all visitors to our office. In addition, the property will be placed on our company website which immediately feeds to Rightmove, Zoopla.
On determining which service you wish to instruct Bush & Co to undertake, you will be required to sign the relevant agency agreement. This details the service we agree to provide and also the responsibilities you, as a landlord, will have while the property is let. Neither agency instruction of Bush & Co can be cancelled whilst a tenant introduced by Bush & Co remains in tenancy unless jointly agreed in writing by Bush & Co and the landlord following receipt of the required notice. In the unlikely event that Bush & Co wishes to terminate our agreement on your property, a minimum of one month’s written notice will be provided.
The agency fees agreed will be stated in the agency agreement relevant to the service you choose. The fee for our Full Management Service is 10% + VAT of the collected rent and is deducted from the monthly rent received from the tenant. The fee for our Let Only Service is 50% of one month’s rent + VAT. This is taken from the first month’s rent, the only rent handles by Bush & Co under this service. Following the Tenant Fee Act 2019 there will also be a letting fee only chargeable when there is a new tenancy. All fees are subject to VAT at the standard rate applicable.
On 20 December 2019 the UK Government introduced the Fifth Money Laundering Directive into UK law. The law requires us to follow procedures to prevent criminals from being able to use our services to launder money or to finance terrorism. As a result we are required to carry out customer due diligence and to recognise and report suspicious transactions. We, therefore, request identification and proof of address from both tenants and landlords.
In order for the rent to be paid to you as efficiently as possible, we make payments by BACS transfer and we will ask you for your nominated UK bank account details. It is a good idea to open a separate bank account so that rents and any outgoings can be easily monitored. A form will be provided to you so you are able to supply us with your bank details for the nominated account. Any changes should be put in writing to us at your earliest convenience.
Should your tenants’ default on their rent payment or breach their agreement at any time, we will immediately contact you to discuss the options regarding repossession of your property. Once a decision has been made, we will do our utmost to make repossession as easy as possible but you should be aware that all tenancy agreements are between landlords and tenants and therefore any subsequent legal proceedings would need to be initiated and paid for by you. Thankfully due to the extensive referencing undertaken before a tenancy is granted, this situation is rare.
To help create a standard by which inventories and schedules of condition can be set, we strongly recommend that the property is professionally cleaned before the start of the first tenancy and that carpets are professionally steam cleaned. This also helps to let the property and makes it easier to insist that the property is left in the same condition as it was at the start of the tenancy.
This is the responsibility of the tenant. You, as the owner, will only become liable should your property become vacant. Empty properties, whether furnished or not, no longer have exemption to Council Tax.
In a competitive letting market it is essential that the property is presented to a good standard in a clean and contemporary state of decor. Neutral colours are advisable as these are universally popular and easiest to obtain cheaply if re-decoration is required. Modern kitchens and bathrooms are also advisable both from a safety and marketing standpoint.
We take a deposit equal to five weeks’ rent. Government legislation now dictates that all deposits need to be held in compliance with a deposit protection scheme. As agents, Bush & Co will hold the deposit as ‘stakeholder’. In the event of a dispute regarding the deposit that cannot successfully be mediated on your behalf by us as agents, the tenants have the right to ask for the case to be independently arbitrated by the deposit scheme. If a landlord instructs Bush & Co in a Let Only capacity they are entitled to hold the deposit themselves but must join a deposit protection scheme in order to do so. Bush & Co will not transfer the deposit to them without proof of this membership. Bush & Co are members of the Tenancy Deposit Scheme. On a general point, landlords are reminded that some wear and tear must be expected and taken into account when considering the return of the deposit.
Recent legislation now requires that all landlords have an electrical safety check (EICR) carried out on their property by a qualified electrician prior to letting the property and that this is renewed every five years. Certification must be made available to provide to tenants. We will be pleased to arrange this on behalf of managed landlords at their request with the costs incurred being deducted from the rent.
It is a legal requirement for all rented properties to have an Energy Performance Certificate with a minimum rating of E. This gives the tenant an idea on how energy efficient a property is and estimates possible utility bills. All properties must have the certificate in place when initially marketed and the rating shown on all advertising. Bush & Co can arrange this on your behalf and will be unable to advertise a property without it.
At the end of the initial fixed period of tenancy two options are open to the landlord and tenant to agree on with the mediation of Bush & Co. The first is another fixed term contract of six or twelve months. The alternative and one that has become increasingly popular, as it allows more flexibility for both parties, is the statutory periodic tenancy. This tenancy can occur only after the initial fixed term has ended and allows the tenancy to continue on a month to month basis from the rent due date. If at the end of a fixed term tenancy a new fixed term is not created, the tenancy will automatically become a periodic tenancy under which a tenant must give one months’ clear written notice to leave from a rent due date and the landlord must provide two months’ notice.
Landlords must ensure that all soft furnishings (e.g. mattresses, bed bases, sofas, cushions) in the property comply with the UK fire regulations (Furniture & Furnishing (Fire Safety) Regulations 1988. Any item manufactured in the UK after 1994 will be so as standard, all furnishings must have a label attached to show they comply and identifying the fabric as being fire retardant. Letting a property with items that do not comply is a serious offence.
The garden should be presented in a simple and uncluttered manner. Low maintenance is advisable and basic garden tools and a lawnmower, if applicable, should be provided even for an unfurnished property. A ‘gardener’s dream’ while appealing on a property for sale is rarely an advantage on a let property where the majority of professional tenant’s request something that is functional but not a burden to their time. Tenants are required to mow the lawn and keep gardens tidy but are not required to prune or cut back larger shrubs or climbers.
All gas appliances at the property must receive an annual Landlords Gas Safety Certificate carried out by a Gas Safe registered engineer. This is required by the Gas Safety (Installation & Use) Regulations 1998. Bush & Co will organise this, at the landlord’s expense, unless provided with documentary proof that it has already been done. Let Only landlords are relied upon to arrange this themselves but similarly a tenancy will not be created on their behalf without a copy of this legally required document being on file.
Income tax is applicable to all owners. If you reside in the UK we will leave you to deal with your own tax affairs. However, it is your responsibility to inform Bush & Co if you are resident abroad or intend to live overseas. If this is the case you will need to contact HM Revenue & Customs (HMRC) to inform them of your details and complete a NRL1 form and return it to them. They will then process your application and, if successful, provide Bush & Co with non-resident landlord (NRL) authorisation which will enable our accounts department to forward the full balance of the rent to you. Without this authorisation, we, as agents are legally obliged to withhold tax at source at a rate set by HMRC and enforced by them. With this in mind UK care of addresses are unacceptable and recently HMRC have also come under this ruling. If you are in any doubt as to your status, e.g. if you are planning to travel, please contact HMRC for clarification. The longer you can allow for this process the better as without the authorisation reaching us, we will have no choice but to withhold the tax, and reclaiming it once permission is received can be a lengthy process. The NRL1 form and information is available on HMRC’s website.
If instructed on a Full Management basis, Bush & Co will undertake periodic property visits and where requested, provide you, as the landlord, with a report. These visits are to identify obvious and readily apparent problems and maintenance. Bush & Co cannot accept responsibility for any structural or specific specialist issues not obvious to the untrained eye or maintenance that the tenant fails to adequately bring to our attention. If managing the property yourself, these visits will be your responsibility.
Landlords must inform their buildings and contents insurers that the house is to be let. Certain companies will not agree to insure let property, others may ask for a higher premium to be paid. Properties managed by Bush & Co will require proof that the relevant insurance is in place and that the insurance company is aware that it is a tenanted property. Bush & Co is an Introducer Appointed Representative of One Broker (Cambridge) Ltd who are authorised and regulated by the Financial Conduct Authority. One Broker (Cambridge) Ltd is a local independent Insurance Broker specialising in insurance policies designed specifically for the rental market. They can be contacted on 01223 792290 or email them at lettings@onebroker.co.uk. They can also offer Rent Guarantee Insurance which offers protection to landlords from defaulting tenants. For more information, please go to their website www.onebroker.co.uk.
If Bush & Co manages a property, we insist that as part of the instruction, the landlord allows us to organise a professional, independent inventory clerk to create an inventory and schedule of condition. The separate charge for this will depend on the size and content of the property. The landlord will be charged for the inventory at the start of the tenancy and the checkout at the end of the tenancy. It is vitally important to have a very detailed record of the condition of the property at the start of the tenancy in case there are queries or a dispute at the end of the tenancy. The fact that an inventory is in place means that deposit issues can usually be rectified without many problems. If any deposit issues are forwarded to the Tenancy Deposit Scheme, the absence of an inventory will almost certainly result in them deciding in favour of the tenant. Let Only landlords are also therefore strongly advised to instruct an independent inventory. Please note that loft areas cannot be checked.
If a property is jointly owned both owners details will need to be used in respect of the contract, both parties will need to sign the agency agreement and, if overseas, both owners will need to apply to HM Revenue & Customs (HMRC) for tax exemption (see Income Tax).
The landlord should provide sufficient sets of keys for each contracted tenant (i.e. at least one complete house set and a front door key for each tenant). Instructions can be given to Bush & Co to have sets cut at the owner’s expense. For Managed properties it will also be necessary to provide Bush & Co with a complete set of house keys for maintenance and inspection purposes. These keys are held in a safe, locked cabinet with a code system so that property addresses are not linked to keys.
The Health & Safety at Work Act 1974 and the Control of Substances Hazardous to Health 1999 provided guidance covering the control of bacteria in water, including hot water, cold water, cooling and heating systems. These issues applied in the main to industrial facilities but recent changes to the control of Legionella bacteria in Water Systems Approved Code of Practice (ACOP L8) has now been extended to include residential let properties. As a result, it is now a requirement that all landlords of residential properties have a Legionella Risk Assessment completed every two years. The relevant legislation can be viewed at
www.hse.gov.uk/legionnaires.
The risk assessment survey must be carried out by a ‘competent person’ with the knowledge to identify any hazardous risks and administer the correct control measures. Bush & Co can arrange to carry out the risk assessment and produce a report.
Tenants are encouraged to report any maintenance issues to us as soon as they arise. It is important that repairs are carried out without delay. Bush & Co will discuss all maintenance with owners prior to taking any action and will follow instructions given. In an emergency, if we are unable to contact an owner, we will take whatever action is necessary.
If your property is subject to a mortgage you will need to inform the lender of your plans to let it out and obtain Consent to Let. Certain companies will have conditions or charges in relation to this and failure to inform them could cause the tenancy to be invalidated at a later date regardless of any tenancy agreement. This could prove extremely costly to you legally.
It is extremely helpful to both tenant and agent if the owner can leave a file in the property containing any service agreements and instruction manuals for any appliances supplied with the property. A further benefit to tenants, particularly those from out of the area or from overseas is to include any useful information about the house and local area. (Bin days, allocated parking spaces etc)
On receiving a tenancy application references on all prospective tenants over 18 will be sought through a specialist referencing company. Checks carried out include bank referencing, credit history/County Court judgements, employer’s reference and previous landlords/agents comments. Tenancy will not be entertained, without your written instructions to the contrary, unless suitable approval from the referencing company has been received.
Rent, minus fees and any maintenance invoices, are forwarded to your nominated account on receipt from the tenant. While company policy dictates that tenants pay by standing order, delays whether by accident or design are possible. Bush & Co endeavour to rectify any late payment issues efficiently, however, if your property is subject to a mortgage, the monthly payments should not be reliant on the rent as even the normal banking procedure delays can cause you to incur costs. After each payment made to your nominated account a statement detailing income and expenditure will follow.
There is provision in the tenancy agreement for the rent to be reviewed annually. Bush & Co will discuss the rent with the landlords and obtain their agreement before implementing any change to the rent level.
Whether managed or let only all properties are subjected to stringent safety regulations. Managed landlords are required to allow Bush & Co to arrange safety checks and other precautions that are or may be required by law.
A working smoke detector must be fixed on each floor of the property where there is a room used wholly or partly as living accommodation, with a carbon monoxide detector in any room containing a gas boiler or solid fuel appliance. A fire blanket is recommended for the kitchen.
If your property is a leasehold property, you as the owner will still be responsible for the service charges and ground rent. You must also initially seek the permission of the freeholder or the management company or residents’ association to let the property as there may be stipulations imposed by them.
It is the landlord’s responsibility to cancel any telecommunications contracts they may have before the house is let. The physical connection to the property should remain and it is the tenant’s responsibility to organise their own contract at the inception and termination of their tenancy. Bush & Co cannot become involved in this process as telecommunications companies do not accept third party instruction. The provision of a television service to a property capable of receiving a digital signal is considered essential for most tenancies. The tenant is responsible for obtaining a television licence.
The standard tenancy agreement used under the Housing Act 1996 is an Assured Shorthand Tenancy (AST) agreement. This is can be set up for an initial period of six or twelve months. A copy of this can be provided on request. During the tenancy a copy is kept on file. If the property is let to a company rather than an individual the appropriate Non-Housing Act tenancy agreement will be used.
To terminate an Assured Shorthold Tenancy, whether fixed term or periodic, a minimum of two months written notice must be served to the tenant. If a tenancy is under a fixed term contract this must be no more than two months before the end of the fixed term and if the tenancy is periodic the two months can be served at any time. It is therefore necessary for a landlord to inform Bush & Co ten weeks in advance in writing if they need to re-occupy or re-possess the property in order that the appropriate notices can be served.
If for any reason the landlord withdraws the property prior to a move in date after having agreed to a tenancy application being processed, a fee of £200.00 + VAT will be payable Bush & Co.
It is the tenant’s responsibility to pay for all utilities during the tenancy. Meter readings are taken at the beginning and end of the tenancy by the inventory clerk and forwarded in writing to the relevant companies. It should be noted that since the utilities were de-regulated it can be a common problem lodging information with them. However, any debts at the end of a tenancy stay with the tenant and not the property. If there is no water meter, it is a good idea to install one as this makes billing accurately far easier. If the property is oil heated, please leave contact details for the company who supplies the oil and ensure there is a means of measuring the level of oil at the start and end of a tenancy. Landlords who manage their own properties are responsible as with the inventory for taking meter readings and dealing with utility companies.
All charges listed are subject to VAT.
