Residential Lettings Landlord · Letting checklist 10 4.1 Property boundaries and covenants 10 5....

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Residential Lettings Landlord modern thinking, traditional values

Transcript of Residential Lettings Landlord · Letting checklist 10 4.1 Property boundaries and covenants 10 5....

Page 1: Residential Lettings Landlord · Letting checklist 10 4.1 Property boundaries and covenants 10 5. Property and Landlord information 11 6. Terms of Business 12 -13 ... All viewings

Residential Lettings

Landlord

modern thinking, traditional values

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Contents

Page

1. About BCM

1.1 Specialists in rural property 3

1.2 Portfolio management 4

1.3 Our wider business 4

2. Our Lettings Services 5

2.1 Our fees 5

2.2 Further services and charges 6

3. Renting your property 7-9

4. Letting checklist 10

4.1 Property boundaries and covenants 10

5. Property and Landlord information 11

6. Terms of Business 12-13

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Specialists in rural property

BCM are specialists in rural property operating throughout southern England and the Isle of Wight.

We provide a tailored service applying modern systems and procedures, whilst continuing to

observe the traditional values of client service and integrity in what we do.

We understand that renting a family home or an investment property can be demanding. However,

we pride ourselves on our knowledge and experience making the process as smooth as possible.

BCM are regulated by both the RICS and ARLA.

The combination of our excellent local and regional knowledge together with a robust internet

presence means we cover the market locally, nationally and internationally.

The interaction with BCM’s other rural services broadens the advice we can give our lettings clients.

Our lettings team at BCM are dedicated to finding the most suitable tenant for your

property. Our rural focus and personal approach sets us aside from other letting agents.

All viewings are carried out by members of our lettings team and not third party viewing

firms

Our bespoke IT platform allows us to closely monitor all aspects of the lettings process

including regular online activity reports

Our experience in rural lettings allows us to advise on any works that may improve letting

potential

We pride ourselves on our tenant matching ability to find the most suitable tenant for your

property.

Thorough references are taken in house with direct contact with referees. We do not use

third party referencing agencies

Our management fees are fully inclusive with no hidden extras

We offer a flexible service ranges from fully managed to finding a tenant only.

Regular property inspections help to build a relationship with our tenants and to gain an

understanding as to their future plans

We have a team of reputable and reliable local contractors at our disposal

Our bespoke service includes agreeing a client communication profile allowing us to keep

our clients informed as often as they direct

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Portfolio management

We manage portfolios of rented properties for private individuals, larger estates and investment

funds. In addition to our normal lettings offering, this service includes regular reporting and

accounting. We also provide strategic advice on optimising return and identifying opportunity within

the portfolio.

Our wider business

Rural asset management

We act for landlords, tenants and owner occupiers. We specialise in protecting and enhancing the

capital value of our clients’ assets whilst driving forward optimum returns. Our advice includes all

forms of farm and estate management.

Sales and purchases

We have specialist knowledge in the sale and purchase of rural property. We combine detailed local

knowledge with excellent exposure to the national and international markets.

Valuation services

We are able to provide a wide range of valuation services, drawing on our detailed knowledge of

freehold sales and values in our area. All valuations are carried out by RICS qualified valuers.

Architecture and design

BCM offer a one stop shop from initial design through to planning and project management ensuring

a smooth and successful process. We have advised on prestigious rural developments often in

conjunction with our rural asset management team.

Planning and development

We advise clients on a range of projects in the residential, commercial and leisure spheres. Using the

services of RTPI qualified planners we have detailed technical knowledge of national planning policy

which we are able to marry with our in-depth local knowledge.

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Our letting services

Letting

only

Letting and

rent

collection

Full

management

Advice on lettings, legal duties and market conditions ● ● ●

Managing an empty house between tenants or prior to letting ○ ○ ○

Arranging Energy Performance Certificates ○ ○ ○

Producing property details and particulars ● ● ●

Marketing using online services and newspaper advertising ● ● ●

Conducting viewings ● ● ●

Negotiating offers, terms and agreements ● ● ●

Preparing all documentation ● ● ●

Registering tenancy with Tenancy Deposit Scheme ○ ○ ●

Independent inventory and check-out clerks ○ ○ ○

Produce tenant Welcome Pack ●

Gas safety certificates and boiler servicing ○ ○ ○

Transferring utilities and council tax ● ● ●

Liaising with contractors and instructing minor works

Payment of invoices

Submitting statements of accounts to landlord

● ●

Carrying out property inspections on a 6 monthly basis ○ ○ ●

Serving relevant notices and ending tenancies ○ ○ ●

Instructing solicitors for repossession of property ○ ○ ○

Negotiating deposit deductions ○ ○ ●

Returning deposit and informing Tenancy Deposit Scheme ● ● ●

Our fees

Letting only 10% of the rent paid over the fixed term Minimum fee of £500 + VAT

Letting and rent collection As above, plus a maximum of £100 + VAT per calendar month

Full management 13% of the monthly rent + VAT

Our packages are tailored to suit the individual needs of our Landlords. Please see next page for full

breakdown of charges and fees.

● denotes included with fee

○ denotes optional or provided at

additional cost or subcontractor fee

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Further services charges

Item Fee Notes

TDS

£50 + VAT Included with Full Management package

To register the deposit with the TDS and issue certificate and prescribed information when necessary

Energy Performance Certificate (3

rd party)

£45 + VAT Contractors charge for carrying out an EPC

Tenancy agreement renewals

£100 + VAT Included with Full Management package

To draw up new tenancy agreements and have them signed by the relevant parties

Property inspections

£60 + VAT Included with Full Management package

To carry out a full property inspection and write a report

Rent review

£60 + VAT Included with Full Management package

To carry out a rent view of the property and write a report

Inventory (3

rd party)

£84 for 1 bedroom to £108 for 5 bedrooms Larger properties will be quoted

To file a full inventory report. The tenant will pay 50% of this cost

Check out report (3

rd party)

£78 for 1 bedroom To £102 for 5 bedrooms Larger properties will be quoted

To file a full check out report The tenant will pay 50% of this cost

Negotiating deposit £60 + VAT per hour Included with Full Management package

To negotiate between the landlord and the tenant any deductions from the deposit at the end of the tenancy

Organising any additional works for the property

£40 + VAT per hour plus 3rd party contractors charge or cost of item

For example, Gas Safe Certificates, chimney sweep, Legionella Risk Assessment, cleaning, boiler service, electrical inspection

Serve notice £60 + VAT Included with Full Management package

We will serve the relevant notice to the tenants

Additional services £40 + VAT per hour

This work may include additional visits to the property, submitting tax returns to HMRC, check contractor works

The quoted fees are correct at time of printing and are subject to change.

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Renting your property

Cleaning

The property should be professionally cleaned throughout including the carpets, windows and oven

Curtains and Blinds

Safety regulations published by the British Standards Institution address certain risks posed to

children in regard to internal curtains and blinds. It is essential that any window coverings at a let

property are safe for both occupant and visiting children. The Standards apply to any cord, chain or

hazardous loop that creates a hazard. New curtains and blinds must contain a label confirming that

the item is compliant with the regulations. Old curtains or blinds with a long cord or loop must be

fitted with a connector

Deposit

The deposit must be registered with a government approved scheme. BCM use the Tenancy Deposit

Scheme (TDS)

Electrics

All electrical equipment must comply with the current regulations. It is strongly advised that the

electrics are fully tested every 5 years. Failure to comply with the Electrical Equipment (Safety)

Regulations 1994 and The Consumer Protection Act 1987 is a criminal offence

EPC

Energy Performance Certificates are mandatory for rental properties and are required to be carried

out every 10 years. It is likely that future regulation will state that in order to let a property it must

be a Grade E or higher

Furniture

Most properties outside of London are rented unfurnished. Should the property be let with furniture

you must ensure it complies with the Furniture and Furnishings (fire safety) Regulations 1988

Gardens

Gardens should be left neat and tidy with the grass cut. All rubbish should be removed. Tenants are

responsible for maintain the garden but if the garden is particularly large or you would like the

garden maintained to a certain standard, you may wish to instruct a gardener to visit at your own

expense.

Gas

All gas appliances must comply with Gas Safety (Installation and Use) Regulations 1998. Gas Safe

Certificates must be issued annually by a qualified Gas Safe engineer. Gas boilers must also be

serviced annually. Failure to comply with the regulations is an offence. BCM require a copy of the

Gas Safe Certificate and boiler service certificate.

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House in Multiple Occupancy

If your property is on 3 or more levels and let to 5 or more tenants comprising 2 or more

households, the property is a HMO (House in Multiple Occupancy). It will be subject to mandatory

licencing by the local authority. If this is the case please ask us for more information or contact your

local authority.

Insurance

All rented properties should have buildings and contents insurance- this is usually a condition of a

mortgage

Inventory Report

We organise an independent inventory clerk to file a report on the condition of the property at the

start of the tenancy. This acts as essential evidence should there be any disputes at the end of the

tenancy beyond fair wear and tear

Keys

You should provide the tenants with two full sets of keys. Should we be instructed to manage the

property please provide an additional set of keys to retain in our office

Legionnaires Disease

Legionnaires Disease is caused from inhaling droplets of water contaminated with legionella

bacteria. This bacterium is found in water systems, such as boilers, water tanks, hot tubs, and ponds

and thrives in warm stagnant water. It is the landlord’s responsibility to take appropriate action if

there is a risk and to conform to the relevant health and safety regulations. BCM require a copy of

the risk assessment.

Maintenance

It is the responsibility of the landlord to maintain the property during a tenancy. This includes

general structure, roof, central heating, boiler and any white goods

Mortgage

Ensure that permission is granted from the mortgage company to let the property

Permission to let

Ensure that terms of a leasehold are checked and necessary consent gained prior to letting.

Furthermore, all joint owners will need to instruct an agent or Power of Attorney must be shown to

act on behalf of additional owners

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Smoke Alarms and Carbon Monoxide Alarms

Under the 1991 Building Regulations all properties built since June 1992 must be fitted with a mains

operated smoke detector/ alarm on each floor. There is currently no legal requirement for smoke or

carbon monoxide alarms to be fitted at a let property. However, a landlord does have a duty of care

so it is advised that both types of alarms are fitted. Tenants are responsible for testing the alarms

and replacing the batteries. From October 2015 the law is changing to state that rented properties

must have a smoke detector on each floor and a carbon monoxide alarm in each room where solid

fuel is burnt

Tax

All resident and non-resident landlords are liable for paying income tax on rental income. Various

costs can be offset including mortgage interest, maintenance, insurance premiums and agency fees.

Advice should be sought from an accountant or property tax specialist to ensure the correct level of

tax is being paid. Non-resident landlords should gain an Approval Code from HMRC before letting

the property

Utilities

Tenants are liable for paying council tax, electricity, phone and internet and usually water, sewerage,

gas and oil. Rather than have mains pipework, rural properties tend to have private water supplies

and sewerage. Prospective tenants must be made aware of the set up at the property.

Wood Burning Stoves and Open Fires

Used chimneys should be swept prior to tenancy commencement and annually thereafter. Any new

installation must be carried out by a qualified HETAS engineer, a certificate provided and a carbon

monoxide alarm fitted. A copy of the certificate will be required

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Checklist

Item Done Received certificate/ confirmed To be completed by agent

Gas Safe Certificate

Boiler service

Legionella Risk Assessment

Chimney sweep

Smoke detector and carbon monoxide alarm installed

Electrics tested

Energy Performance Certificate

Oven cleaned

Windows cleaned

Carpets cleaned

Property cleaned

Garden in good order

Please confirm the ownership of the property boundaries and any covenants

↑ Front

↓ Rear

Property

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Property and Landlord information

Please complete the below form for landlord and property information

Property to be let

Address:

Postcode:

Owner Name: Mobile number: Landline number: Email address:

Bank details Bank: Branch: Account name: Sort Code: Account number:

Insurance Company: Telephone number: Account number:

Contractors (should you have your own preferred tradesman)

Electrician Name: Contact number:

Plumber Name: Number:

Handyman Name: Number:

Other Name: Number: Job description:

Sewerage Cesspit or mains drainage:

Water supply Mains or other (please state):

Heating Oil, gas or electric: Source (mains or tank): If tank, size of tank:

Stopcock location(s) Water: Gas:

Alarms Alarm code: Contractor: Membership number: Is the alarm connected to police/ fire service:

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The Old Dairy, Sutton Scotney, Winchester Hampshire SO21 3NZ t 01962 763900 f 01962 763901 e [email protected] www.bcm.co.uk

Residential Lettings and Management Terms of Business

PROPERTY:

1. APPOINTMENT

1.1. This agreement contains the terms upon which you (‘theClient’) appoint us Bays Curry McCowen LLP (‘BCM’) as your agent in the letting and\or management of your property (‘theProperty’) detailed above

2. LETTING SERVICES

2.1. Finding a tenant

2.1.1. BCM will visit the Property and take all reasonable steps to find a tenant

2.1.2. advise you as to rental value and the best means of promoting the Property

2.1.3. promote the Property, arrange and accompany prospective tenants on viewings

2.1.4. take up references on the strict understanding that BCM shall not be held liable for the suitability of the tenant

2.1.5. prepare tenancy agreements for signature in our standard form

2.1.6. collect a sum equal to one & a half month’s rent as a rent\damages deposit (‘the Deposit’)

2.1.7. prepare a non-expert schedule of condition and inventory

3. MANAGEMENT SERVICES

3.1. Termination of a Letting

3.1.1. BCM upon receipt of written instructions from you will prepare and serve a notice to terminate the tenancy

3.1.2. at the end of the tenancy release the Deposit in accordance with your and the tenants written instructions or if no agreement is reached refer the matter to the Tenancy Deposit Scheme (‘TDS’)

3.1.3. arrange for the Property to be cleaned in preparation for a new tenancy at your expense, if not met by the former tenant, such expense to be agreed with you

3.2. Collections

3.2.1. BCM will collect rent and all other sums due from the tenant of the Property to you and notify you in writing when any sum is overdue by 28 days

3.2.2. arrange for utility meters to be read and advise utility companies accordingly

3.2.3. in order to meet the costs and liabilities referred to in clauses 3.3.1.1 to 3.3.1.3 below, retain from sums collected on your behalf a float at a level to be agreed with you in writing

3.3. Payments

3.3.1. BCM will pay from available funds held in respect of the sums retained under clause 3.2.3 above, outgoings in respect of the Property including but not limited to:

3.3.1.1. the cost of maintenance of the Property authorised by you

3.3.1.2. the wages of all persons employed by you in connection with the Property

3.3.1.3. the cost of any emergency work in connection with the Property which BCM deem necessary in accordance with the principles of good estate management

3.3.2. except in the case of clause 3.3.1.3 above, we will only make payments on your written instruction and when funds are available and you have supplied full details

enabling such payment. We will not check the accuracy of such payments

3.4. Maintenance

3.4.1. BCM will, during the tenancy and at least every 6 months, carry out a non-expert inspection of the state of repair and condition of the Property to identify necessary works of repair and maintenance

3.4.2. except in case of emergency, to seek your authority to instruct competent contractors to carry out any necessary works exceeding £ 300 and to supervise such work

3.4.3. in respect of works of repair estimated to cost less than £300 to instruct & supervise competent contractors to carry out such works provided that BCM will only be liable to the extent that retained funds are available

3.5. Statements Records and Retained Funds

3.5.1. BCM will prepare monthly statements of account showing all receipts and all expenditure by us in respect of the Property for the relevant period

3.5.2. advise as to the float that should be retained to meet the obligations in this agreement

3.5.3. notify you immediately if we are unable to discharge any liability in respect of the Property or to pay any sum pursuant to clauses 3.3.1.1 to 3.3.1.3 above or are unable to instruct contractors in respect of works within clause 3.4.3 above on account of insufficiency of retained funds

3.5.4. to maintain all records reasonably required to enable all necessary notices under any lease of the Property to be served and to enable your accountants to compile statements of account and tax returns in respect of the Property

3.5.5. BCM will hold any deposit monies in a separate client account. All interest accrued will be payable to BCM. If applicable BCM will register the deposit with the TDS.

4. CLIENT’S OBLIGATIONS

4.1. You warrant and guarantee to us:

4.1.1. that you own the Property and have authority to let it

4.1.2. that all consents and permissions necessary to let the Property (e.g. co-owner; mortgage company; head landlord; insurance company etc.) have or will be obtained prior to the signing of any letting agreement, and that, if applicable, you have the written authority of your co-owner(s) to instruct us and to sign this agreement and any letting agreement on behalf of such co-owner(s)

4.1.3. that unless otherwise advised by you in writing we should obtain our instructions from you using the contact details shown at the end of this agreement

4.1.4. that the Property, all appliances, fittings, furniture and equipment in or about the Property are in good working order, comply in all respects with all relevant legislation

4.1.5. that you and any co-owners of the Property are ordinarily resident in the United Kingdom for taxation purposes, see clause 7.2

4.2. You agree that as signatory to this agreement you will be personally liable to meet our charges under clause 0 of this agreement and you hereby authorise us to deduct such amounts from sums paid to us on your behalf and, in the event of such sums being insufficient to discharge monies due, you will pay the same within 14 days of receiving our invoice therefore

5. MONEY LAUNDERING REGULATIONS 2007

Prior to commencement of working for you, we need to

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The Old Dairy, Sutton Scotney, Winchester Hampshire SO21 3NZ t 01962 763900 f 01962 763901 e [email protected] www.bcm.co.uk

establish your identity in accordance with the Money Laundering Regulations. We need to establish your identity and evidence of your address. Please refer to us for a list of suitable documents.

6. FEES AND CHARGES

6.1. BCM’s fees are calculated as follows:

6.1.1. Letting services only: 10% of the total rent payable during the term or the sum specified in clause 6.1.3. below whichever is the greater

6.1.2. Combined Letting and Management services: 13% of the total rent reserved during the tenancy or any extension of this period or the sum specified in clause 6.1.3 below which ever is the greater

6.1.3. The minimum sum referred to in sub-clauses 6.1.1 and 6.1.2 above is £500

6.1.4. In addition to the sums detailed in clause 6.1.1 to 6.1.3 BCM shall be entitled to charge for advertising, inventories, schedules of condition and holding deposit, monies. Inventories and schedules of condition will be quoted for individually and £50 will be charged for holding deposit monies

6.1.5. All sums payable under this agreement are exclusive of VAT

6.2. Payments

6.2.1. Commission fees detailed in clause 6.1.1 are payable on the signing, renewal or extension of any tenancy agreement

6.2.2. Commission fees detailed in clause 6.1.2 are payable monthly until the tenancy is terminated

6.2.3. Additional charges detailed in 6.1.4 are payable on presentation of our invoice to you

6.2.4. By signing this agreement you are authorising us to deduct all sums due under this agreement from any monies received by us from the tenant of the Property and confirming that in the event of such monies being insufficient to meet such payments you will make them in accordance with the terms of this agreement

6.2.5. We reserve the right to charge interest at 4% per month over the base rate of Barclays Bank on any sums remaining unpaid after the due date

7. OUR LIABILITY

7.1. BCM will not be liable or responsible to you for the acts ordefaults of any third party including, but not limited to, any tenant, contractor or credit reference agency or referee withwhom checks about a tenant were made

7.2. BCM will not be required itself to take or fund any legalproceedings against a tenant who breaches its tenancyagreement

8. GENERAL

8.1. Vacant Periods and Property Security

8.1.1. BCM will not provide a management service in respect of the Property whilst it is vacant

8.1.2. You agree that you are primarily responsible for the security of the Property.

8.2. Income Tax

8.2.1. If you are ordinarily resident in the United Kingdom rental income will be paid to you without tax being deducted

8.2.2. If you are not ordinarily resident in the United Kingdom then, to comply with our legal obligations, basic rate income tax will be deducted from rental income and paid to the Inland Revenue

8.3. Term and Termination

8.3.1. This agreement commences upon the date the second of us signs it and shall continue until terminated by either of us giving to the other three months notice in writing

8.3.2. Upon termination all sums due to us shall be paid and shall remain due and owing until they are so paid

8.4. Third Party Rights

8.4.1. A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement

8.5. Entire Agreement

8.5.1. This agreement supersedes any prior agreements and comprises the entire agreement between us and neither you nor we shall rely on any oral or written representation made to or by the other

8.5.2. Any alteration or variation of this agreement shall be made in writing and signed by both of us

8.6. Assignment

8.6.1. Neither of us shall be entitled to assign this agreement without the consent of the other

8.7. Applicable Law

8.7.1. The agreement shall be subject to English Law and to the exclusive jurisdiction of the English Courts

LANDLORD’S SIGNATURE

Name

Email

Phone (h)

Phone (o)

Phone (m)

Address

Date

BCM SIGNATURE

Name Sue How (Lettings Manager)

For BCM Bays Curry McCowen LLP The Old Dairy Sutton Scotney Winchester SO21 3NZ

Date

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www.bcm.co.uk

[email protected]

01962 763900

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