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Relevant regulations and checklist before letting your property out

Letting your property isn’t necessarily difficult but it's important that you know what to expect before you embark on your property letting journey.  That's why we have put together a list housekeeping items you will need to be aware of and regulations that you will need to comply with before any Tenant moves in.  Of course, when you let your property through Yooodle, we’ll be with you every step of the way, prompting you as to when to do what!

CONSENTS

  • Mortgage Consent To Let (if applicable):  If the property is mortgaged, you should obtain consent from the mortgagee before any Tenant moves in.  It is advisable to apply for consent to let at marketing stage latest to avoid any delay when a Tenant is found.
                                                                               
  • Management Company Consent (if applicable):  If your property is leasehold, you may have to seek consent to let from the Superior Landlord.  

INSURANCE

  • Landlord's Insurance:  Before a Tenant moves in, you should organise some Landlord's buildings and contents insurance and this should incorporate Landlord liability which will protect you in the event that an accident occurs on your property. It is worth noting that for some lenders, having adequate Landlords insurance may be a requirement of your Buy-To-Let mortgage.
 
  • Legal Cover and Rent Recovery Protection (optional):  Should non-payment of rent be a concern to you, Yooodle offer products that will cover you for the total monthly rent of up to £2500 for up to 15 months or until possession has been obtained (whichever comes first) as well as legal expenses of up to £100,000.  Legal expenses include service of notice, evicting Tenants for a breach of tenancy that gives rise to a claim for Possession in accordance with Schedule 2 of The Housing Act 1988 (as amended).  Also covers 50% of the monthly rent after vacant possession for a maximum of 2 months once vacant possession has been obtained.  Please ask for more details including costs and T’s and C’s.  

RIGHT TO RENT CHECKS

  • Right to Rent Checks:  You must carry out the required checks including obtaining the relevant original documents required to show that a tenant or lodger can legally rent your residential property in England.  We will carry out these checks on your behalf when we act as your agent.

SAFETY CHECKS

  • Gas Safety Check:  If there is gas at the property, a gas safety check must be conducted by a Gas Safe registered engineer to confirm that all gas pipework, installations and appliances in the property are safe.  They will issue a Gas Safety Record which we need a copy of prior to any Tenant taking up occupation.  Thereafter the Gas Safety Record will have to be renewed annually.
  • Electrical Check:  It is mandatory for five-year electrical installation checks (EICR’s) to be carried out for all new tenancies.  We will require a copy of this before any tenancy starts.  Should this check flag up any non-compliances, the remedial works will need to be carried out so that satisfactory certificate can be provided to the Tenants at the beginning of the tenancy. We can assist with organising this if required.  
  • Energy Performance Certificate (EPC):  All properties marketed for let or for sale need a valid Energy Performance Certificate (EPC) which shows how energy-efficient your property is, helping residents to budget for their energy bills.  The EPC is valid for ten years once carried out no matter how many times you change tenants within that period.  If your property has previously been on the market for sale/let, it may therefore already have one and we can download a copy from the central register. Since the introduction of the Minimum Energy Efficient Standard, all rental properties must be rated E or above and it is illegal to let a property with a rating of F or G.
  • Legionella Check:  Landlords are now required to undertake an assessment on their rental properties to identify the risk of legionella. They can instruct a professional to do this or undertake to do this themselves.
  • Furniture & Furnishings (Fire) (Safety) Regulations 1988:  With furnished properties, you must ensure that all upholstered furniture complies with Furniture & Furnishings (Fire) (Safety) Regulations 1988.  All furniture with soft fillings must meet all the fire resistance requirements. Regulations apply to beds, headboards, mattresses, sofas, armchairs, sofa-beds, futons, cushions, seat pads, pillows, loose and stretch covers for furniture to name but a few. Furniture made before 1950 is excepted.  Furniture manufactured after 1st March 1990 in the UK should comply but must bear the appropriate label to illustrate compliance with the regulations, i.e. that it is ignition resistant and cigarette resistant. Furniture which has no permanent label should be assumed not to comply and should therefore be removed.
  • Smoke Alarms and Carbon Monoxide Testers:  Regulations require smoke alarms to be installed on each floor in rented residential accommodation and carbon monoxide alarms in rooms with a solid fuel appliances . However it is advisable to have a carbon monoxide alarm for any property with gas too.  
  • Chimney Sweeping (if applicable):  You will be responsible for ensuring that at the start of the tenancy the chimney, flues and fireplace are in good order and repair, with the chimney swept and in a safe condition.

OVERSEAS LANDLORDS

  • Non-Resident Landlord (NRL1):  If you are going to be an overseas Landlord, each owner will each need to complete an NRL1 (Non Resident Landlord) form online at http://www.hmrc.gov.uk/ We will require confirmation of your NRL number before a Tenant moves in as otherwise, we are legally obliged to withhold 20% of the rental against any tax liability.  This takes about a month from the date of application so best to do it at least one month in advance. Our Agency Number is:  NA060734
  • Requirement of an address in UK and Wales:  Under Sections 47 and Section 48 of The Landlord and Tenant Act 1987, a Landlord must provide an address in England and Wales on any rent demand (in this instance the Tenancy Agreement) and also so that the Tenant can serve notice on the Landlord if they need to.   If you are going to be overseas and have the property managed by us, we would provide our address on the Tenancy Agreement for these purposes. If you opting to manage the property yourself, you must provide a suitable address in England and Wales for this purpose along with your address wherever you may be in the world which must be listed in the main part of the Tenancy Agreement.  The penalty for not providing such an address is that the rent may not be deemed lawfully due.  
 
PRE-TENANCY PREPARATION

  • Inventory Make and Check In (optional):  We would recommend you opt to have an inventory drawn up and a check out carried out by a professional inventory company.  This is for your own protection as it will be an impartial record of the property, it's fixtures, fittings and condition as it is handed over at the start of the tenancy.  We can organise this for you but please note it should be done by a third party who are a member of the appropriate body (AIIC) and this will be chargeable.
  • Cleaning (optional):  We recommend that you have a full professional clean including appliances, windows, carpets and curtains prior to the commencement of the tenancy. Once this has been carried out, it should be noted on the inventory and the Tenant is responsible for handing it back in the same condition at the end of the tenancy or you can look to make deductions from the Security Deposit towards the cost of remedying any cleaning oversights.

Expert Advice

The team at Yooodle are highly all very experienced and will always be up to date with current legislation, offering you support and guidance along the way.  When we are acting as your agent, we can assist with arranging all of the above to ensure the process is as hassle free as possible for you. To find out more, or for anything else to do letting your property, get in touch today on 01932 212 880.