LANDLORDS GUIDE TO SAFETY REGULATIONS
It is our opinion that the service provided by ‘Manley Properties’ should include
information and guidance on the most recent changes or additions to Government
legislation as it applies to residential lettings. For this reason, we are bringing to your
attention the following points that may be relevant to letting property.
Statutory Instrument No. 1886-November 1994
GAS SAFETY INSTALLATION & USE
Although many of our clients have ongoing arrangements for the annual servicing of the gas
boiler, this legislation now places onus on the landlord’s to take full responsibility for the
safety of all gas appliances. An annual safety check is now required for all gas appliances in
rented property, including cookers, fires, central heating boilers and water heaters. Your
should be aware that this check known as a CP12 can only be undertaken by a C.O.R.G.I.
registered engineer and must not be confused with regular servicing. Please note that the
penalties for failing to comply with this requirement are severe. Please call us for more
SMOKE DETECTORS ACT 1991
Whilst this act only specifically requires the mandatory fitting of mains powered alarms to
all new buildings, the absence of any form of alarm in existing residential tenanted property
may possibly breach the Landlord’s ‘Duty of Care’. Several County Fire Prevention Offices
have taken the view that the Landlord’s should now install some adequate smoke detector
especially if their property has tenants in multiple occupation. Bearing in mind the relatively
small cost, it is our recommendation that as a minimum requirement all rented properties
shall have installed a battery operated smoke alarm in accordance with the British Standard
CRIMINAL JUSTICE & PUBLIC ORDER ACT 1994
Part of this act tries to re-address what the government considered to be the imbalance
unfairly weighted against the property owner and in favour of ‘unlawful’ occupiers. Wideranging
powers have been given to the police, which include procedures to deal with
Trespass and Nuisance.
Public Order: Collective trespass of Nuisance on Land (Part V)
Sections 61 & 62 (Trespasses) Gives the senior police officer ‘at the scene’ the power to
remove trespasses from the land if they are intending to reside on the land providing that
the present occupiers have asked them to leave and damage has been caused or
threatening behaviour has been used (or there are at least six vehicles involved). If the
trespasses fail to leave, an offence has been committed. Police have the power to seize
vehicles on the land.
Sections 63 & 64 (Raves) The police have the power to prevent ‘unlawful’ raves by removing
people attending or preparing for the event and seizing sound equipment.
Sections 72 to 75 (Squatters) This section amends the criminal law act 1977 in so far as now
it is lawful for a residential occupier (or someone who is intending to be) to enter property
even if opposed by squatters. A squatter who fails to leave when asked to do so by the
residential occupier is guilty of an offence leading to a fine or imprisonment.
Note: It is also an offence to enter, or to be present on any premises where a legal court
possession order is in force. However, no offence is committed by a person who leaves
within 24 hours of service of the order.
FURNITURE AND FURNISHINGS (FIRE) (SAFETY) REGS. 1988
(AND AMENDMENT REGS.) 1993
In simple terms, the regulations apply to all upholstery and upholstered furniture, loose
fittings, permanent and loose covers manufactured since 1950. With effect from 1st March
1993 it is an offence to ‘supply’ furniture, which does not comply with the fire Resistance
Requirements (Reg. 14-’88) if that furniture has been first provided or required since 1st
March 1993. A transitional period-allowed furniture supplied and already in the same letting
property before March 1993 to continue to be used until 31st December 1996 even if there
was a change of tenants. This transitional period of relief did not apply to furniture offered
for the first time after 1st March 1993.
Supply includes hiring out as part of a letting (i.e. furnished letting). Section 46 (Consumer
Protection Act 1987) states that the supply must be in the course of business. Clearly the
letting Agent and the professional landlords are included within this definition although
probably not the owner/occupier temporarily letting his/her
home. After 1st January 1997 all furniture supplies whether new or old and whether or not
previously included in a letting must comply with the 1988 regulations unless manufactured
before 1950 (all furniture previously manufactured to the required fire resistant standard
will be labelled). The ‘offence’ can carry a punishment of up to six months imprisonment, or
a fine of £5000 (or both).
ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994
The Landlord and Tenant Act 1985 requires the Landlord to ensure that the installation is
safe when the tenancy begins and that it is maintained in a safe condition throughout the
tenancy. The best way of ensuring safety is to undertake an inspection of the installation at
the beginning of each tenancy and at regular intervals during the tenancy if it is a long-term
let, looking for any obvious signs of damage such as damaged cables, sockets showing
scorch marks, etc. In addition, the Institution of Electrical Engineers recommends a formal
inspection and test is carried out at least once every ten years. Inspection and testing should
be more frequent where the risk is found to be greater, for instance where the installation is
very old, where damage is regularly found during inspections, etc.
From 1st July 2008, it is compulsory for every rental property throughout the U.K. to have
an electrical safety check carried out by a qualified electrician to ensure that all wiring is
safe. Please note that the penalties for failing to comply with this requirement are severe.
Please call us for more information.
ENERGY PERFORMANCE CERTIFICATE
Regulation Change 1st October 2008
The Energy Performance of Buildings (Certificates & Inspections) (England & Wales)
Regulations 2007 (no. 991) describes in detail when each property type is subject to these
regulations. The Regulations came into force starting as from the 19th April 2007, and will be
fully effective from the 1st October 2008.
Regulations of the Energy Performance Regulations confirms that an EPC needs to be
produced for all properties that are to be sold or rented. This regulation will apply to all
properties that are to be sold or rented, including private sales and rentals, from the 1st
TERMS & CONDITIONS
At ‘Manley Properties’ our main objective is to differentiate ourselves from other lettings
agents by providing a service to landlords that is second to none. Our aim is to completely
satisfy the client’s requirements in order that we may forge a long and lasting relationship.
A landlord’s ambition when letting a property is to achieve the best rental possible for as
great a proportion of the year as is feasible. Not only this, but they must have the
reassurance that the tenant is suitable for their property. ‘Manley Properties’ aim is not just
to find tenants for properties, but find the right tenant for the right property.
This guide has been compiled to inform landlords, prior to letting, of the basic information
they may require regarding the ‘ins and outs’ of the letting process. However, it will not
answer all the questions you may have and should you require any further information, no
matter how basic or complex it may be, please do not hesitate to contact us. With a
dedicated team of letting agents, estate agents and financial advisors we can provide a
complete service and ensure sound advice.
The First Step – Valuation
We would need to visit your property and carry out a valuation and initial inspection to
provide a general assessment of the property. Basic information such as the location, style
of property, the number and size of rooms, the general style of furnishings and any facilities
or details likely to affect the selection of a suitable tenant are recorded. We will advise you
of any decorating, general maintenance and repairs, which we believe, would benefit the
letting potential. We will also advise you of any furnishings, fixtures or fittings, which, in our
opinion, should not be left in the property.
Our initial rental appraisal of your property (or properties) and advice on the letting market
is unbiased, without obligation and free of charge. We believe a landlord should have no
reservations in fully exploring the letting market and the potential of their property prior to
putting their property on the market or investing in rental property. Our estimate of the
achievable rental of your property will be based on our experience and knowledge of the
prevailing marketing conditions at the time. Generally, rather than hold out for a higher rent
and have little or no response. This is particularly true when the property is available in the
Preparing the property for renting
Should you wish, we will provide a quotation for any decorating, general maintenance and
repairs that you may want to undertake prior to renting. We can also provide a quotation
for a general “spring clean” of the property and gardens if required. We will then schedule
and supervise any such work that you wish to be carried out. Once we have instructions we
will prepare a description of the property for circulation to prospective tenants.
As a landlord we would require a copy of your passport and a copy of a utility bill. We may
carry out a land registry check to confirm that you are legal owner of the property.
Should I seek permission from anyone to rent?
If you have a mortgage on the property you should seek permission to rent from your Bank
or Building Society. Your Bank or Building Society will ask for certain criteria to be met. We
will provide the information needed and, if you wish, deal with them directly on your behalf.
If the property is leasehold, consent to underlet may be required. Further details can be
obtained from your head leaseholder or the management company that looks after your
development, mostly in the case of flats.
Should I advise anyone of the let?
Your insurance company will need to be informed of the proposed letting. Some insurers
charge higher rates for rented properties or may refuse to insure altogether. The insurance
of the property structure and of your contents is your responsibility and you should obtain
written acknowledgement from your insurers that they are happy to continue insuring the
We are able to offer landlords comprehensive Buildings and Contents insurance cover,
specifically designed for rented properties. Full details are available on request.
It is likely that you will require the services of an Accountant to assist in the declaration of
your property income, especially if you are to be resident overseas and we strongly suggest
that you check the tax implications of renting with an accountant or financial adviser.
Income from property is taxable at standard rates, though your expenses in letting the
property are generally tax-deductible (these often include mortgage interest payments, but
will exclude capital expenditure such as furniture/appliances etc). The taxation of income
from renting need not be a problem provided that professional advice is sought and timely
action is taken.
If you are living abroad we have a legal obligation (Taxes Management Act 1970) to retain
tax on your rental profit. You must complete an Inland Revenue NRL1 form to enable an
agent (whether professional or not) collecting rent on your behalf to transfer this rent on to
you without deducting tax at basic rate. Please ask us for more information.
In order that your accountant can prepare your tax returns promptly, you should retain all
statements received from us and forward them to your accountant together will all
supporting invoices immediately you receive our statement covering income to 5th April.
The Post Office
You should make forwarding arrangements with the Post Office throughout your absence.
Inevitably some mail will slip through the net and we will request the tenant to pass any
such mail to our offices to be forwarded to you.
Marketing your property
Your property will be marketed to local and internal business, relocation agents and private
applicants. The property details will feature on our web site allowing anyone in the world to
access the information. The nature of the agency business determines that the duration of
this process can vary greatly according to market conditions and demand for particular
property types prevalent at the time of marketing. We are very conscientious regarding
finding quality tenants but we also recognise the importance of good applicant/tenant
When a suitable tenant is found we will negotiate the terms of the tenancy (price, term,
inclusions, exclusions, special clauses, break clauses, options to renew, deposits etc) and
apply for references prior to drawing up the Tenancy Agreement. Needless, to say, this
process varies greatly in many instances so please call us to discuss any permutations and
‘what-if’ queries you may have.
We believe that the selection of a tenant is the most important aspect. All prospective
tenants are carefully interviewed to establish their suitability and we carry out enquiries to
substantiate the tenant’s claims. All tenant’s information is carefully verified by the credit
referencing agency. Checks and references are as follows: –
- Voters roll registration at current and previous address/s
- Details of any bankruptcy in the last 10 years
- Details of other searches made and financial transactions
- Employers reference
- Previous/current letting agent or landlord report (where applicable)
- Character reference
References (for private and company applicants) are taken via a professional referencing
and credit Check Company. You will also be issued with a quotation for Rent Guarantee
Insurance from the Reference Agency for extra peace of mind, if required.
Tenancy Agreement Preparation
Once we have agreed that the tenant is suitable we will arrange a moving in date and
prepare the Tenancy Agreement for signing. All our Tenancy Agreements comply with
relevant legislation and Housing Law and have been prepared in conjunction with our
solicitors. In most cases we will use the Assured Shorthold Tenancy agreement, which is a
fixed term agreement. The minimum period is six months, although this can be for longer if
required. During the first six-month period the tenancy cannot be terminated without the
agreement of both parties. After the initial term has expired the tenant may give one
month’s written notice of their intention to vacate even though they may have signed
another fixed term agreement. If you wish to move back into the property, you may give the
tenants two months notice to expire no earlier than the expiration date of the tenancy.
It is in everyone’s interest to have a full inventory and Schedule of Condition report at the
beginning and at the end of the tenancy, no matter whether the property is furnished or
unfurnished. We will always employ a completely independent, professional Inventory Clerk
to perform this task with the aim of avoiding any disputes regarding the condition and
contents of the property pre and post tenancy. The inventory is a detailed document which
will highlight not just the contents of the property, but also the condition and cleanliness of
a property and its contents prior to the commencement of the tenancy. It is therefore a
good idea to have the property in the best possible shape prior to letting – a tenant will only
be expected to maintain a property in the condition in which it is found.
We highly recommend that a professional clean is carried out on your property prior to the
tenants moving in. This often avoids any disputes that may arise at the end of the tenancy,
as it is hard to define a domestic clean. For further details on prices etc, please contact our
First month’s rent and security deposit
We will collect this from the tenant prior to the commencement of the tenancy. The deposit
is equivalent to one month’s rent or six weeks deposit and is held with The Deposit
Protection Scheme. At the end of the tenancy, agreement must be reached between
landlord and tenant regarding the amount (if anything) to be withheld from the deposit for
damages, breakages, cleaning etc – the Inventory Check-out Report here is vital in order to
give a fair and impartial account of the condition of the property at the end of the tenancy.
We ask that bankers, draft, building society cheque or cash should make payment of the
initial monies. The tenant will then have seven days to report any defects in the property
and return the inventory.
Whereby a security deposit is paid to the landlord. It is important to inform the agent of
their chosen deposit scheme. The following link will help guide you through your obligations
as a landlord https://www.gov.uk/deposit-protection-schemes-and-landlords/overview
Tenants are responsible for the payment of all bills at the property with the exception of
ground rent and maintenance charges (in the case of flats). It is a tenant’s responsibility to
register directly with the relevant utility companies. When you leave the property we would
ask that you notify the appropriate offices to advise that you are vacating the property and
to arrange for a closing account.
During the tenancy
The tenants are informed that all rent payments must be paid to us, preferably by standing
order. During the course of the tenancy we will make quarterly inspections at the property.
Where necessary the tenant will be advised of any repairs for which they are responsible,
and follow-up visits will be conducted to ensure that any repairs are carried out to a
satisfactory standard. We will then contact you itemising any deficiencies and recommend
any necessary maintenance. Where costs of the necessary maintenance fall within agreed
limits we will carry out the work directly.
Whilst the property is let you are still responsible for the ‘fabric’ of the property. You are
legally responsible for the maintenance, servicing and repair of all appliances and fixtures in
the property. There are a multitude of day-to-day problems that can arise with the property.
With this in mind, as part of our agreement with you to manage the property we suggest we
agree a maintenance financial limit to permit us to carry out on your behalf those repairs
and replacements which we consider to be absolutely necessary.
When advised by the tenant, or otherwise notified of the need for general maintenance
repairs, we will initially confirm the report, and then establish the likely cost of the required
remedial action. When the cost of necessary repairs falls within agreed limits we will carry
out the necessary works directly. When the costs are in excess of the agreed limits we will
provide a quotation for your approval prior to work being started. In the case of
emergencies we will carry out the necessary work immediately to avoid any further damage
to the property.
Renewing the tenancy
About two months prior to the end of the tenancy we will write to the tenant asking if they
want to renew (subject to the landlord’s approval). If they do we will then ask the landlord
for approval and negotiate any rent increase and supply the relevant paperwork to each
party. If the tenant intends to vacate at the end of the term we will contact the landlord to
confirm that the property should be re-marketed for letting.
At the end of the tenancy the property will be inspected to check the inventory and
condition. From this inspection a report is produced itemising any replacement or repair
actions required to restore the property to the agreed condition at the start of the tenancy
(fair wear and tear accepted). Should any works be necessary, costs will be deducted from
the tenant’s dilapidation deposit.
Letting your property, whether it be an investment property or your home, can be a
successful and profitable exercise.
Whilst acting as management agents for your property, ‘Manley Properties’ will be on hand
to assist and advise on all aspects of renting your property to minimise the likelihood of any
problems arising during the term of the tenancy.
We realise that renting your home, or an investment property, can be a decision of concern
to you and we will always ensure that you receive the best possible advice. This will give you
peace of mind that your most valuable asset is being marketed, let and (where applicable)
managed to the highest standards by a friendly team dedicated to their job.
What are our Fees for these services?
Bronze Service: Tenant Introduction Only,
Our fee for this service is a one-off payment for each let which is equal to 1 weeks rent,
NO VAT, (limited period only).
This service is aimed at landlords who have experience and a general knowledge of letting
property. It includes: –
- Advertising the property in the local press, Manley Properties website and property
portals eg, (Rightmove, Onthemarket.com, etc).
- Accompany all viewings and find and reference the tenants (s)
- Set up the relevant Tenancy Agreement
- Collecting the first month’s rent and deposit (deposit held by Landlord)
- Setting up a standing order for future rent
Silver Service: Rent and Collect
Our fee for this service is 7% of monthly rent received.
In addition to the service outlined above, this package includes: –
- Checking the tenants into the property and taking their first meter readings
- Informing the relevant utility companies of the meter readings, we will only do this if
a schedule of conditions/inventory is done
- Informing local Council Tax office & Water Authority of new tenant/s
- Collect and demand rent on a monthly basis
- Arrange for a Gas Safety Certificate to be carried out by a Corgi Registered Plumber
and any works that may be necessary to enable the plumber to issue a ‘Pass’
Certificate (details of cost can be supplied upon request)
Gold Service: Fully Managed
Our fee for this service is 8% of monthly rent received.
In addition to the service outlined in both the packages above, this package includes: –
- Effect minor repairs to the property
- Be the point of contact for any tenant enquiries
- To renew the Tenancy Agreement
- Inspect the property every 6 months
- Deal with any discrepancies regarding the deposit, this will only be done if a schedule of conditions/inventory has been done
- In general to perform every act as normally performed by an agent when the landlord has requested a managed service
In addition to the above we can also carry out a Schedule of Condition/Inventory (additional
charge). This is carried out by an independent clerk, which includes taking final meter
readings. A final check out of the property is carried out and a full report is available upon
Platinum Service: Fully Managed to include Rent Guarantee
Our fee for this service is 12% of the monthly rent received and subject to rent insurance
This service is very similar to full management, but includes rent guarantee insurance and
legal expenses, up to £15,000. For further details please contact us, so that we can refer you
to our advisor who can fully explain the benefits to you.
The services we can offer are the highest standards with a competitive fee. We have a
choice of 4 services as follows; please “X” boxes as appropriate.
TENANT INTRODUCTION ONLY
Fee deducted from first payment 1 Weeks Rent
RENT TO COLLECT
Fee deducted on monthly basis on receipt of 7%
Rent (NO finders fee will be charged)
Fee deducted either in advance or on a monthly 8%
basis, on receipt of rent
(No finder’s fee will be charged).
Fee deducted either in advance or on
A monthly basis, on receipt of rent 12%
(no finders fee charged). Rent insurance
included, subject to quotation.
ANNUAL GAS SAFETY CHECKS
Price dependent on number of gas appliances
COMPULSORY ELECTRICAL TESTING
Price dependent on size of property
ENERGY PERFORMANCE CERTIFICATE
TERMS & CONDITIONS
I understand that if essential works need to be carried out due to a legal or safety issues
then ‘Manley Properties’ will carry out these works without my authority if necessary.
I understand that ‘Manley Properties’ will only manage my property during the term of the
I understand that if I am an overseas Landlord I need to provide ‘Manley Properties’ with a
I understand that Fees will be due to ‘Manley Properties’ from the landlord for as long as
the Tenant introduced by ‘Manley Properties’ remains in occupation of the property. I
understand that if the tenant introduced by ‘Manley Properties’ chooses to purchase the
property then 1.25% of the sale price will be payable to ‘Manley Properties’ subject to
I understand that if ‘Manley Properties’ has referenced suitable tenants on my instruction to
do so, and I decline them although their references have come back satisfactorily, I will incur
a charge of £180.00 for each person referenced.
In the event that you wish to terminate your contract with us, we would be grateful if you
could provide us with 2 weeks’ notice in writing.
PROPERTY ADDRESS TO BE LET: –
OWNER/ JOINT OWNER / POWER OF ATTORNEY