An A to Z list of what you should know about Landlord’s Responsibilities and Insurance for residential let properties, let under Assured Shorthold Tenancies.
Gardens
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.
Gas Inspections
It is a legal requirement if the let property has any gas appliances that the appliances, flues and associated pipe-work are maintained in a safe condition and inspected annually, and a safety certificate issued, by a CORGI registered engineer.
Full records must be kept for at least 2 years of the inspections of each appliance and flue, of any defects found and of any remedial action taken.
A copy of the safety certificate issued by the engineer must be given to each new tenant before their tenancy commences, or to each existing tenant within 28 days of the check being carried out.
General Condition
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.
Health and Safety (Electrical Equipment)
Under the Electrical Equipment (Safety) Regulations 1994, and certain other regulations, electrical appliances and equipment provided in tenanted premises must be safe. It is therefore necessary to make a visual check to ensure that all electrical items, plugs and leads appear completely safe and undamaged, and remove or replace any faulty items.
Heave
The upward movement of the ground supporting a building.
Home (Definition for Insurance Purposes)
The house or flat and its outbuildings, used only for domestic purposes.
Home Information Packs
As from the 21st May 2010 for anyone selling their home the requirement for packs has been suspended, with further legislation being required to outlaw them completely. The requirement now being for sellers to provide a simple energy performance certificate, which it is envisaged will cost around £60.
Previously:
Home Information Packs are a set of documents, which provide home buyers with key information about the property that they may wish to buy, such as Land Registry searches, copies of the deeds to a property and a Home Condition Report. The Home Condition Report is a new document required as part of the home buying and selling process. It contains information about the physical condition of a property, including its energy efficiency. Full information and details can be obtained from the Government website www.homeinformationpacks.gov.uk/home.aspx.
Income tax
When resident in the UK, it is entirely the Landlords responsibility to inform the Inland Revenue of rental income received, and to pay any tax due. Where a Landlord is resident outside the UK during a tenancy, under rules effective from 6 April 1996, unless an exemption certificate is held, it should be noted that Letting Agents are obliged to retain and forward to the Inland Revenue on a quarterly basis, an amount equal to the basic rate of income tax from rental received, less certain expenses. An application form for exemption from such deductions is usually available from most Letting Agents, and further information may be obtained from the Inland Revenue.
Information for the Tenant
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.
Insurance (Buildings and/or Contents)
You should ensure that you have suitable Landlord’s (Buy-to-Let) Insurance to cover both your buildings and any contents, however small in value, in the property. If you intend to let out a property previously occupied by yourself, you must inform your insurers as failure to do so could invalidate your policies.
Inventory
It is extremely important that as a Landlord you have an inventory of all contents left in the property and a schedule prepared in respect of the condition of the property, in order to avoid any misunderstanding or dispute at the end of a tenancy. Without such safeguards, it will be impossible for you as the Landlord to prove any loss, damage, or significant deterioration of the property or contents and hold the tenant liable, or alternatively, make a successful insurance claim.
We hope you have found these notes helpful but please note that they are for guidance only. We do not and can not accept any responsibility for any errors or omissions. You should always seek professional advice if unsure on any matter and refer to your actual insurance policy documents for full terms and conditions of your cover. You should always make sure that you fully understand what you are insured against and more importantly, what you are not insured for.
