Nowadays, everyone thinks that they can take a stab at letting out their property and becoming a private landlord, but are you taking a stab in the dark? On the face of it, it seems quite simple, you have a property, someone moves in, and you get a bit of extra money each month, right?
Wrong! Over the years letting agents have seen an influx of new legislation that they have to follow and essentially letting agents are one big landlord. This means private landlords still, legally, need to follow all of the same legislation, otherwise you’re looking at a dodgy deal. Not only is not following these certain legal guidelines illegal, but it can prevent you, as a landlord, from serving a Section 21 notice in the future. A Section 21 notice is the notice that a landlord must serve to their tenant in order to take possession of the property. Now, if you haven’t followed some or all of the legislation that come along with lettings then the law prohibits you to serve the notice. Simply, if you don’t follow the law, you can’t use it when it suits you!
Here at Northwood Wirral we like to help others as much as we can. This is why we offer free compliance checks for private landlords in which you can bring all of your documents in to our office and we will work with you to make sure you have all the documents and they are all correct. Free advice? You don’t get much better than that!
So, what are the legal requirements?
Overall, there are six legal requirements that need to be followed in order to maintain a smooth sailing tenancy. Not only should these laws be followed, but a copy of each should be given to the tenant when they move in to the property. These are:
- How to rent guide – the How To Rent Guide is a government made guide highlighting the main, key factors of renting calling itself the checklist for renting in England. Talks about the ways you can rent, what the responsibilities of a landlord and a tenant are, what the paperwork should look like and the end of the fixed period.
- The Deposit Protection Service terms and conditions (DPS) – you can’t go wrong with the DPS terms and conditions as it shows you all the different definitions of every word you need to know in order to be protected or protect a deposit. It also clearly outlines what you need to do and how you should do it, giving you many different options to do it. For example, you can get in touch with them online, through a paper based service, through customer service, etc.
- The tenancy agreement – this is crucial as it states everything needed to know and be followed by both the landlord and tenant in black and white.
- Energy Performance Certificate – this is a measure of the energy efficiency of the property and gives both the tenant and landlord an idea of the property’s carbon footprint.
- Gas Safety Certificate – this is an annual requirement in which a qualified gas engineer thoroughly checks any gas appliances in the property to ensure they are safe to use. Think of it as an MOT for your property!
- Selective licensing – when the local authority selects certain postcodes within an area to meet certain requirements, this is known as a selective license. If your property is situated in one of these areas then, as a landlord, you would have to give an additional set of paperwork to the tenant to make sure the property reaches the specific standards set.
What do we do in particular?
Now after all of these laws and legislations you may still want to continue as a private landlord, but if you want the weight taken off your shoulders then you could always let your property out through us. Not only will we deal with all of these laws but we also add additional guides in order to make it the best experience possible for everyone! These are:
- The Property Ombudsman consumer guide – simply, this guide summarises the terms and conditions that we, as Northwood Wirral, have to follow.
- Ventilation advice to prevent damp – damp is one of the most common issues in properties, so to prevent any damp issues further down the line we give additional advice on how to prevent damp in your day – to – day life.
- The tenant guide – this is a pack that offers general advice about the tenancy and any details that you need to know in order to prevent confusion.
- The fair wear and tear guide – this guide highlights the difference between regular maintenance and damage to a property.
With the risk of a heavy fine or further legal difficulties weighing on your shoulders is it really worth trying to cut the corners? Can you afford to not do compliance checks? Well when they are free here at Northwood Wirral, why not? So pop in, grab a seat and let’s get started!
Written by Lauren Jones.
