2. General Information & Landlords' Responsibilities
We agree to take on your property on the understanding that the following conditions have been met:
The Property
Unless other arrangements have been made and are written into the Tenancy Agreement it is the Landlord's responsibility to maintain the property in good order throughout the letting period. An inspection of structure, roof, plumbing, wiring etc is always recommended and repairs should be completed prior to the property being let. The property should be in good decorative order throughout and windows, curtains and carpets should be clean. If the property has a garden this should also be left tidy and the appropriate tools provided should the tenant be required to maintain the garden.
Consent
If you are a tenant or a lessee it is essential that i) the intended lettings is permitted by the head lessor and ii) your Landlord/Freeholder's written permission is obtained for sub-letting. Those property owners with mortgages are strongly advised to obtain the consent of the mortgage company to let or sub-let and there may be a small administration fee payable.
Insurance
It is the Landlord's responsibility to insure the property and its contents for the entire period of the Tenancy. The policy will not cover the Tenants' belongings and they will be advised accordingly. This cover should extend to the periods during which the property may stand empty. It is important to inform your insurance company of your intentions to let your property as your policy may subsequently be void.
Absentee Landlords
Should you be out of the country prior to the finalisation of the tenancy agreement then arrangements should be made for someone to sign on your behalf. If Evans Baker is not managing your property it is important that there is someone for the tenants to contact easily and who is familiar with not only the property but with their responsibilities. It should be noted that there would be a small administration charge to landlords who have opted for the "Introduction and Letting Service" should Evans Baker be requested to organise maintenance or other service in line with a managing agent's duty. For those landlords going abroad please also refer to Section Four regarding taxation.
Keys
Keys to your property must be readily available and each tenant should be given one full set and a full set to the person managing the property. Please note in the event that extra keys are required by Evans Baker or the tenant, the necessary written authority should be provided for security keys to be copied e.g. Banham, Ingersoll etc.
Viewing
Once instructed, Evans Baker shall commence organised viewing for your property. Prospective tenants are interviewed at our office before being shown the property. All viewings are accompanied by a member of staff and appointments giving notice can be made. Depending on accessibility we recommend a set of keys to be left with Evans Baker.
Rent
The rent quoted to the tenant by us on your behalf must be inclusive of all outgoings for which you are responsible e.g. ground rent, building and own contents insurances, service charges etc with the exception of gas, electricity, telephone and Council Tax (unless otherwise agreed by all parties). Tenants are responsible for paying the Council Tax, however, it is the Landlord's responsibility to inform the Council that they are letting the property, informing them of their forwarding address and to ensure that the correct rating band has been allocated.
Mail Redirection
Landlords should make the necessary arrangements for their mail to be re-directed to a forwarding address. The Post Office can arrange this for a small fee. Landlords should not expect tenants to forward mail and Evans Baker cannot accept responsibility for Landlord's mail.
Rent Remittances
We collect the monthly rent on your behalf which can be remitted directly to your bank or building society. Due to current banking procedures up to ten days must be allowed for rent cheques to be cleared. Statements showing rents remitted will be sent to the Landlord's forwarding address on a monthly basis.
Deposit and Dilapidations
The tenant will be required to pay a deposit against possible dilapidations and any unpaid rent - usually six weeks depending on the property and its contents. The landlord holds the deposit as stakeholder. In the event of any dilapidations at the end of the tenancy the amount, if any, intended to be deducted from the deposit must be agreed directly between the Landlord and the Tenant.
Inventory and Schedule
We strongly recommend an independent inventory clerk prepares an inventory on your behalf. It is essential that an inventory of furniture, items and fittings plus a schedule of condition is made and signed by both parties at the completion of the tenancy. This ensures the best possible protection for you and your property. Tenancies require all furnishings to comply with the Furniture and Furnishings (Fire)(Safety) Regulations 1988, Gas and Electric Regulations - these are explained in detail later in this section - a record should be kept showing that items comply with the regulations.
Appliances - including Electrical and Gas Regulations
All appliances including central heating should be checked and serviced before the tenant occupies the property. We advise that where possible operating manuals and maintenance contracts are arranged and details left with tenants, or with Evans Baker if we are appointed managing agents. It is the landlords responsibility to repair all electrical items left in the property unless misuse by tenant is the cause.
In our experience, we recommend the British Gas Service Care (or manufacturers equivalent) for gas central heating. For an annual sum they offer a 24 hour, 365 day protection against the expense of emergency call outs.
Under The Gas Regulation 35 the law states that all gas appliances must be checked annually by a Corgi registered engineer and accurate records kept of work carried out. Further details are available on request. It is the Landlord or Managing Agents responsibility to ensure that these checks are carried out and Evans Baker will require confirmation as to who will be taking this responsibility.
There are also regulations concerning electrical equipment and general wiring in rented accommodation (The Electrical Equipment (Safety) Regulations 1994/ The Plugs & Sockets etc. (Safety) Regulations 1994).
The regulations state that all portable electrical equipment included within residential let accommodation (such as electric heaters, lamps, televisions, radios, vacuum cleaners, irons, toasters, microwaves, refrigerators and other kitchen equipment) must be free from faults that could cause injury , e.g. burns, cuts, electrocution.
Items should be examined before each new tenancy and the best policy is to instruct a qualified electrician and have the records incorporated in to the inventory. To ensure correct use of these items instruction manuals must be provided for electrical equipment.
A further information leaflet is available at the office or upon request.
We would recommend as an additional safety measure to provide smoke alarms for each level of the property.
** All regulations for the letting of residential accommodation carry a serious penalty if the landlord is found negligent so it is very important that you are aware of your responsibilities. If in doubt, please discuss it with us.**
Unfurnished property
Unfurnished property is extremely popular with more and more tenants wishing to use or acquire their own items. This option tends not to affect the rental value but as each property is different, please discuss this with our representative. The property should be left with floor covering, curtains/blinds, kitchen units, cooker, fridge, washing machine (if possible), heating/hot water, bathroom fittings, light fittings and, as with furnished property, in good decorative order and clean.
Furnished Property - Basic Guidelines
It is always advised not to leave personal items and only a moderate number of ornaments and pictures to create a comfortable environment but avoiding unnecessary clutter. The following could be used as a basic outline as to what items should remain in the property:-
Kitchen: cooker, fridge, washing machine (if possible), floor covering, fitted units, curtains/blinds, iron and ironing board, vacuum cleaner, dustpan and brush, broom, bucket and the following essential basics: 24 piece cutlery set, crockery set, kettle, glasses (wine, tumblers), set of saucepans, baking tins, serving dishes, range of cooking utensils,. It is advisable to leave matching crockery and replaceable breakables.
Dining Room & Reception: curtains/blinds, floor covering, table and chairs, sofa, coffee table or occasional table, lampshades.
Bedrooms: suitable size bed, bedside unit, floor covering, wardrobe, chest of drawers, curtains/blinds and it is recommended that mattress protectors are provided.
Bathroom: curtain/blinds, floor covering, bathroom cabinet and fittings, mirror.
Household Linen: it is not essential to leave linen but if required, 1-2 sets of bedding for each bed, tea towels, table cloth or protection if necessary.
Garden: to assist the tenants in the upkeep of the exterior the following utensils should be left: lawnmower, hedge-cutters, rake, broom, spade, watering can or hose.
Furniture and Furnishings (Fire)(Safety) Regulations 1988
From January 1st 1997 all furniture in rented properties must fully comply with the Furniture and Furnishings (Fire)(safety) Regulations 1988.
The items included under these regulations are basically all soft furnished items:
Furniture intended for private use in a dwelling, including children's furniture, beds, headboards of beds, mattresses, sofa-beds, futons etc, nursery furniture, garden furniture which is suitable for use in a dwelling, scatter cushions and seat pads, pillows.
The Regulations also apply to loose and stretch covers for furniture.
The Regulations do not apply to: Bed clothes (including duvets), loose covers for mattresses, pillowcases, curtains and carpets. Such items must pass the appropriate cigarette test, fillings must be fire retardant and the covers must pass the match test. Furniture made before January 1st 1950 is excluded from the controls.
Upholstered furniture meeting safety standards will normally carry a permanent label with the heading "carelessness causes fire". These labels will be fixed to the underside or back of items.
Pillows, Scatter Cushions and Seat Pads
The Regulations apply only to the filling material. Foam fillings must pass the specified test. When non-foam fillings are used either the filling material itself must pass the appropriate test or, if the item has a primary cover, then the filling material together with that cover must pass the specified test. The Regulations do not apply to the decorative cover of scatter cushions or seat pads or to covers for these items which are sold separately.
Mattresses and Bed Bases
In the case of mattresses and bed bases there is an exemption form labelling but there is a standard required for the filling materials. New beds that were manufactured after March 1st 1989 or sold by a retailer after March 1st 1990 have to comply with the Regulations, therefore a receipt or other evidence of purchase from the supplier may show compliance with the regulations.
If in any doubt about your furniture and you are unable to locate a label there is a good possibility that the furniture will not comply. In this case, replacement will be necessary. For further information, please contact the office. Failure to comply with these regulations can result in a heavy fine.
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