Pre-tenancy
Doing our bit for the planet matters to us so we will provide all documentation to you in electronic form unless you specifically request otherwise.
We will happily arrange an Energy Performance Certificate before marketing commences and guide you through any pre-tenancy items that you may need such as a gas safety record, electrical safety checks, smoke alarm or carbon monoxide alarm checks, professional pre-tenancy clean and an inventory and check-in.
A professional inventory is a must and will be used to check a tenant in and out at the beginning and end of a tenancy. Failure to do so may leave you unable to make a claim against the deposit in the event of damage or dilapidation occurring.
Tenancy preparation
To secure the right tenant, and help you meet your legal obligations, we will:
- Prepare a tenancy agreement
- Undertake a reference for each tenant who will be named on the tenancy
- Complete initial Right to Rent checks
- Issue Prescribed Information and register your tenant’s deposit with My Deposits (for Managed and Premium Services only).
While we make every effort to verify that a tenant has the financial means to meet his/ her financial obligations to you, none of us knows what the future may hold. Landlords are advised to seek advice on rent and legal protection. - Tax liability – you are liable for taxation on your rental income and must liaise with HMRC regarding payment arrangements. We advise you to engage the services of a qualified accountant to ensure that you correctly understand your liabilities and allowances before proceeding with a tenancy. They can guide and prepare you for HMRC’s initiative ‘Making Tax Digital’.
If you reside overseas for part or all of the tenancy, you must obtain permission from HMRC (by way of an approval number under the Non-Resident Landlord Scheme) to receive your rental income without tax deducted. If you fail to secure HMRC’s approval for this, we are legally required to deduct tax at source which you may then need to reclaim from HMRC.
Before letting
There are over 150 separate pieces of statutory legislation governing how landlords, tenants and tenancies must operate in England and Wales. Below is a brief overview of the implications of some of the most commonly encountered Acts and regulations, and details of how The Purple Property Shop will help you to comply.
Ahead of letting for the first time you will need to arrange the following, where applicable and of course we will provide further advice if needed:
- Consent from your mortgage lender, freeholder and insurer – A clear understanding of any restrictions placed on the type of let or type of tenant – please confirm this in writing to us before marketing begins.
- A folder containing appliance manuals and instructions for use (including central heating system) for the tenant’s benefit.
- A complete set of property keys (including window, garage and security keys) per tenant, plus a full set for us if we’ll be managing it for you.
- Postal redirection, if you are vacating the property being let.
- Pre-tenancy documentation and certification
Energy Performance Certificate
Agents are not permitted to market properties without a valid Energy Performance Certificate (EPC) and landlords are obliged to provide tenants with a copy of a valid EPC before the start of every tenancy.
We can arrange this for you and provide your tenant with a copy at the start of a tenancy.
Minimum energy efficiency standards for landlords – the government has committed to look at a long term trajectory to improve the energy performance standards of privately rented homes in England and Wales, with the aim for as many of them as possible to be upgraded to EPC B and C by 2028, where practical, cost-effective and affordable. Improvements are usually possible and we work with a number of specialist companies who can advise further.
The Housing Health and Safety Rating System (HHSRS)
This is a risk assessment tool used to determine whether a property is safe to live. Essentially, it outlines the hazards in your property.
HHSRS inspections are not a regular occurrence like an electrical inspection or gas check. They typically take place during a survey of the property if a tenant complains to their local council about the health and safety of their home.. Surveys are available and we work with a number of specialist companies who can advise further.
Right to Rent
Before a tenancy begins, landlords in England have a legal obligation to ensure that their tenant and any permitted occupants have the right to remain in the UK before a tenancy commences. If they have the right, but for a limited time only, follow up checks are also required. We will complete the initial checks for you and, if you appoint us to manage the property, we will undertake a re-check as and when required.
Deposit protection
When a tenant pays a deposit, it must be protected in a Government approved scheme within 30 days of receipt if the tenancy is an Assured Shorthold Tenancy (AST) and we will undertake this (managed and premium services only).
Money Laundering Directive
This requires us to verify the identity of customers on your behalf, but it also requires us to verify your identity too. We will use electronic verification methods whenever possible to improve speed and efficiency.
Gas Safety Regulations
If your property has a supply of gas to it you must check all gas appliances annually and provide a Gas Safety Record to your tenant. Safety records may also be required for proprieties that are supplied hot water or heating from a communal boiler.
A certificate must be provided before the start of any new tenancy and annually thereafter.
We will arrange this for you, if you wish, ahead of a new tenancy but it will be your responsibility to renew this unless you instruct us to manage the property for you.
Where we manage the property on your behalf, we will renew the certificate and provide an updated copy to you and your tenant.
Electrical safety
You have a responsibility to ensure that the electrical installations and appliances in your property are safe. You must complete a fixed wiring test every five years and provide a copy of the certificate to your tenant before the start of any new tenancy.
We will arrange this for you, if you wish, ahead of a new tenancy but it will be your responsibility to renew this unless you instruct us to manage the property for you.
Where we manage the property on your behalf, we will renew the certificate and provide an updated copy to you and your tenant.
Smoke and carbon monoxide alarms
It is mandatory to provide smoke and carbon monoxide alarms in specified locations throughout rented properties. The alarms must be tested and working at the start of every new tenancy and should be replaced at regular intervals. We can arrange these checks for you, if you wish, ahead of a new tenancy but it will be your responsibility to continue checking them unless you instruct us to manage the property for you.
Fire and furnishings
Any furniture provided in a rented property must comply with fire resistance regulations. While some antique furniture may be exempt, labels attached to new furnishings will confirm compatibility and should be left attached.
Separate safety standards deal with internal window blinds and the danger posed by cords and chains to babies and children. Landlords should consider window restrictors with child proof release catches to reduce the risk of a child falling We will be happy to advise further if needed, so please seek our advice before considering furnishing a rental property.
Water and bacterial control
You must ensure that risk from exposure to legionella in water systems is properly controlled. Properties which are left empty or those with open cold-water tanks, swimming pools and hot tubs are particularly at risk. We can arrange risk assessments and offer further advice if we manage the property for you.
Charging of fees to tenants
The Tenant Fee Act 2019 prohibits charging most types of pre-tenancy costs to a tenant.
Charges which are allowed include: –
- Rent – Deposits (capped)
- Up to £50 for administrative changes to a tenancy agreement
- Reasonable costs associated with early termination
- Payments for utility services and local Council Tax
- Interest on late payments of rent (capped)
- Costs for replacement keys if lost
Data Protection
As a landlord, you may have obligations under the Data Protection Act 2018 to register as a data controller with the Information Commissioner’s Office. You can contact the ICO via their website: https://ico.org.uk/rst to find out your responsibilities and whether registration is required.
