Rent Your Home

This guide has been written by the RICS (Royal Institution of Chartered Surveyors) and explains the basic legal and practical issues involved in letting a flat or house, giving you a checklist of the process you will go through. It also explains how RICS members such as Birt & Co can help if you need any professional advice.

Questions for would-be landlords

Whether you have let a property before, or this is your first time, when you let a home there is a lot to think about:

• Is my property suitable to let?
• What is an Assured Shorthold Tenancy and when should I use it?
• What if the tenant doesn't pay?
• Can I get possession if the tenant does not want to leave at the end of the tenancy?
• Will the deposit be covered by the Tenancy Deposit Scheme for Regulated Agents?
  You are advised to ensure that:
  • Your property is covered by the Tenancy Deposit Scheme for Regulated Agents. Many RICS members belong to this voluntary scheme which ensures that the deposit is protected during the tenancy; and that any dispute over its return will be resolved quickly and independently without any further cost. For more details please see the Tenancy Deposit Scheme for Regulated Agents or the TDRSA website. New legislation will require that all deposits are covered by such a scheme from April 2006.
• Which bills are my responsibility and which are the tenant's?
• What should I insure?
• How can an RICS member help with letting and managing my property?

Is your property ready to rent?

Before you let your property you must make sure, by law, that it and its contents comply with various safety regulations, including:

• Furniture and Furnishings (Fire) (Safety) Regulations 1988, as amended 1993
• Gas Safety (Installation and Use) Regulations 1998
• Smoke Detectors Act 1991
• Electrical Equipment (Safety) Regulations 1994.

You will also need to make sure you have:

Certificates meeting these regulations where appropriate

• An inventory of all items left in the property and a property condition report We can undertake this inventory for you prior to the tenancy commencing
• Carried out a Portable Appliance Testing (PAT) for all electrical appliances. If needed we can instruct a qualified electrician to carry out the test.
• obtain permission from your mortgage lender, if you have a mortgage on your property, or told your freeholder
• Told your insurers.

Using an agent such as Birt & Co

You can advertise and manage your property yourself, but it can be a lot of worry and hassle. Many landlords use an agent to market and/or manage their property. We will give you written confirmation of our terms, conditions and costs for acting on your behalf.

Most tenants look for properties through letting agents. Agents who are RICS members follow the right legal procedures to find a suitable tenant. They have a letting code and management code to protect your consumer rights.

As your letting agents we will:

• Advise on the right length of tenancy and rent to charge
• Advise whether to let out your property unfurnished, partially furnished or furnished
• Promote your property to potential tenants
• Handle the letting process
• Prepare the all important tenancy agreement
• Collect the rent and account to you
• Hold the deposit. (RICS members follow regulations for holding clients' money, which includes consumer protection)
• Make occasional visits
• Arrange repairs up to an agreed budget.
• Arrange safety certificates.
• Arrange the end of the tenancy
• Advise you on how to get any outstanding rent and retake possession at the end of the tenancy.

Whose responsibility is it?
Who looks after the property and its tenancy will depend on the terms of the tenancy agreement you have. But here are a few of the more usual responsibilities:

Yours to:

• Pay the building insurance
• Pay any ground rent and service charge where applicable
• Insure any items, such as furniture and kitchen equipment, you leave in the property.
• Not discriminate on the grounds of sex, race, sexual orientation, age, religion, marital status or disability.

Birt & Co to:

• Get written references for the prospective tenant. Usually these include:
  • Credit referencing check
  • Current and previous employer(s) to confirm both if the tenant is a permanent employee, and their salary
  • Current and previous landlord(s) to confirm whether the rent was paid on time, is not outstanding and that the property was kept in good condition
  • Where needed, guarantor's references.

The tenants to:

• Pay the rent and deposit
• Pay or make a contribution towards the bills, as well as any other costs agreed and stated clearly in the tenancy agreement, such as:
  • Responsibility for Council Tax, water rates, gas, electricity, telephone charges, television license fee, etc
• Return the property to you at the end of the tenancy in the same condition as at the start of the tenancy allowing for fair wear and tear.

Contact our Residential Property Letting Department to discuss your property and potential letting.

Contact us for more information