Lettings and Property Management Agent Based in Canterbury Providing Advice for Landlords, Tenants and Students. 01227 765008 Enquiries@iconnltd.co.uk
Posts tagged legislation for landlords
First Aid Training, iConn Property Management, Canterbury
May 7th
Tanya Macleod, Property Manager at iConn Property Management writes;
In April, two members of staff attended their annual First Aid Training Course and I’m pleased to announce that they both passed with flying colours! Congratulations to Iris O’Connell, Managing Director and Sam Douglas, Accounts Coordinator! We are in safe hands for another year!! 
Important Safety Alert! iConn Property Management
Mar 20th
Sam Douglas, Accounts co-ordinator for iConn Property Management writes;
I came accross an article from LetRisks which I think may be an interesting an useful read.
Important safety alert
March 21, 2013 By Ben Leave a Comment
In a recent claim a landlord suffered over £100,000 worth of damage to his property and loss of rent following a fire from a faulty fridge freezer. This case highlights the number of potentially dangerous brand new appliances in rented property and the action that letting agents can take to protect their landlords and tenants.
Over the past few years there have been hundreds of fires involving white goods, particularly fridge/freezers, tumble dryers and dishwashers, with more than a dozen blazes deemed “serious”. According to recent press articles, almost half a million potentially dangerous dishwashers are still being used in households because their owners cannot be traced. As an example, a batch of faulty Bosch dishwashers, made over a seven-year period, are at risk of catching fire. Just one in four has been traced.
Although manufacturers issue product recalls, via national advertising, letters and phone calls to consumers there are difficulties in tracing the purchasers, particularly if tenants have moved address or landlords have appointed an agent.
The Electrical Safety Council (ESC) found that the average success rate of recalls is just 10-20%. With 266 electrical product recalls in the last six years and manufacturers often producing hundreds of thousands of units, there are likely to be millions of dangerous products threatening safety every day. Following a survey, they claim that 2 million adults have purposefully ignored a product recall notice, a third won’t return an item if it seems too inconvenient and a fifth would not go without a luxury product such as a television or hair straighteners.
LetRisks has put together a checklist to help you protect landlords and tenants:
- Register your contact details with the manufacturer for any new appliances when purchased. This is not just for marketing purposes – it may save a life.
- Property management staff and inventory clerks should record the make and model numbers of each of the landlords appliances and check them against the Product Recall information websites (see below).
- Ensure that appliances are checked regularly: The law surrounding Portable Appliance Testing (PAT) simply requires you to ensure that their electrical equipment is maintained in order to prevent danger. New equipment should be “supplied in a safe condition”. The Health and Safety Executive (HSE) provides guidance on how to maintain equipment including the use of PAT.
- Remind tenants to check that any electrical appliances are safe and refer them to the Product Recall information websites. It is a condition of most tenancy agreements that the tenant must not bring on to the premises anything that might be a fire hazard.
- Retain forwarding addresses for tenants and arrange for mail to be forwarded, if possible. It may include product recall information.
- Use the Product Recall information websites (see below)
- Electrical Safety Council (ESC): www.esc.org.uk/recall. You will need to enter a model number, brand name or description of a particular item. If the product has been recalled, the website will advise on next steps.
- RecallUK is the primary product recall site that lists all UK product recalls, for all product types, announced in the last few weeks: www.recalluk.com/default.aspx
- White Goods Help – Archives for Safety Warnings & Appliance Recalls: www.whitegoodshelp.co.uk/category/safety-warnings-recalls-houshold-appliances
- Arrange appropriate insurances, for both the structure of the building (that includes fixtures and fittings), and contents. Make sure that the insurance is suitable for let property and includes Property Owners Liability. Even if you are letting an unfurnished flat, we recommend that you arrange cover for limited contents (covering carpets, curtains and white goods) which will also come with cover for liability to the public and injury to tenants.
Landlord advice regarding The Green Deal – from iConn Property Management, Canterbury Lettings
Nov 15th
Iris O’Connell, Managing Director of iConn Property Management writes:
I am writing to advise you of a Government initiative which takes effect from January 2013.
In order to detail and explain the initiative clearly, I have taken abstracts from literature from The Department of Energy & Climate Change for your information.
The Green Deal is a government initiative to improve energy efficiency in UK households; its aim is to encourage people to make their homes more energy efficient in a cost effective way. The scheme will be available to home owners and tenants (with the consent of their landlords) and has also been extended to businesses.
The scheme lets customers pay for some or all of the improvements over time through their electricity bill. A home assessment will be undertaken by a Green Deal assessor who will create a report recommending the best improvements to minimise the utility bills in your home. If you are interested, you will be able to choose a Green Deal provider who will offer you a quote for a Green Deal Plan and access to the finance. The financial package is not a loan; although interest is added to the final total. The debt is attached to your property rather than you or the tenant, so it will not be means tested, therefore credit checks will not be undertaken.
In order to have any improvements undertaken, the improvements must be eligible under the Green Deal and recommended for your house following your home assessment. These measures will be expected to be able to show real savings over the repayment period. This is the Golden Rule of the Green Deal which states that the expected savings made from the home improvement must be the same or greater than the total cost of implementing the improvement itself. This rule protects the property owner, ensuring that they are not paying back more money as a result of the Green Deal scheme than they are actually saving on their energy bills.
Once the home improvements have been undertaken, the Green Deal will be paid back in installments attached to the electricity bill. The repayments will be affordable to everyone as they will be based on the savings made by the household as a result of the new home improvements.
In order for the home improvements to be beneficial, the Golden Rule states that you should not be paying more money on your repayments than you are saving on your utility bill. For example, if you have had new insulation fitted, and this gives you a saving of £25.00 on your heating bill each month, then you will be expected to pay less than £25.00 on your repayments.
Additionally, the length of time for the repayments should not exceed the expected lifetime of the home improvements itself. For example, if solar panels were to be installed and they have an expected lifespan of 30 years, then the repayments should not last any longer than 30 years.
Your tenant needs your permission before taking out a Green Deal. If your tenant wishes to take out a Green Deal Plan, they will first need your agreement to both the improvements and the financial aspects of the plan, If you do not agree to all, some or any of the assessors recommendations; the tenant is not permitted to proceed.
Click on the link for the official brochure provided by The Department of Energy & Climate Change for a comprehesive guide:
If you require any further information, please feel free to contact me.
Common Questions from Tenants (Canterbury Lettings)
Oct 14th
Sam Macdonald, Lettings Negotiator for iConn Property Management writes:
ARLA (Association of Residential Letting Agents) supplies lots of answers to common questions which tenants might need to know.
This link takes tenants direct to their website: https://www.arla.co.uk/information/tenants/rights-of-access/
Here is one of the questions I spotted earlier which I thought would be useful to know:
What About Rights Of Access To The Property, What Are The Rules?
A landlord, or his agent, or someone authorised to act on his behalf has a right to view the property to assess its condition and to carry out necessary repairs or maintenance at reasonable times of the day. The law says that a landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally, if the tenant agrees, on specific or odd occasions to allow access without the 24 hours prior written notice, that is acceptable. [A clause in the tenancy agreement which tries to diminish or over-ride a tenant's rights in this respect would be void and unenforceable.]
Elvis has entered the building!! :)
Aug 18th
Iris O’Connell, Managing Director for iConn Property Management writes:
We are pleased to welcome the new member of our team….. Elvis!!
He’s all shook up in his new heartbreak hotel fish tank but I’m sure he will settle in soon.
Feel free to pop in to say hello!
Key Collection Procedure for Students 2012 – iConn (Canterbury Lettings)
Aug 15th
Vicky Cranthorne, Office Manager for iConn Property Management writes:
For new students for 2012:
Hope you are all enjoying your summer; Just so you are all aware what is required from you in order to collect keys for your student property in September, I have included a tick list for you to use to check, below.
Obviously, if you have already collected your keys you can just ignore this message.
Key collection is available from the 1st September 2011 from our office 26a Castle Street, Canterbury, Kent CT1 2PU.
Our office hours on a Saturday are 9am – 1pm. If you are going to arrive later please contact me, in advance, and we will see if we can arrange something for you.
- If your property keys are issued by your landlord you will be emailed separately to confirm this but you must still attend the office before going to the property to collect your welcome packs
- If your tenancy is starting after the 1st September your keys will be available from the date on your tenancy agreement.
If any of you have any questions or queries please contact me.
Kind regards,
Vicky
|
TERMS |
ACTION |
TICK BOX |
CONSEQUENCE |
|
GUARANTOR AGREEMENT |
Each tenant must have a signed guarantor agreement in place. |
|
NO KEYS RELEASED TO ANY TENANT |
|
RENT AND ADMIN FEES |
There must be no arrears on ANY tenants account. This includes Summer rent, Admin fees and September rent. |
|
NO KEYS RELEASED TO ANY TENANT |
|
TENANCY AGREEMENT |
Can be signed in the office on key collection |
NO KEY RELEASED FOR INDIVIDUAL TENANT |
|
|
STANDING ORDER FORM |
Complete in office on key collection. Those without one already in place will be asked to pay their September rent or prove payment. (see above note for Rent and Admin) |
NO KEY RELEASED FOR INDIVIDUAL TENANT |
|
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PHOTO ID |
Photocopy will be taken on key collection. |
NO KEY RELEASED FOR INDIVIDUAL TENANT |
Budget Announcement 2012 – How it Applies to Landlords & Tenants (Canterbury Letting Agent)
Mar 23rd
Iris O’Connell, Managing Director for iConn Property Management writes:
ARLA has recently created this great article to help explain what this years budget announcements will mean to us; definately worth a read: ARLA Budget News
TDS Changes of Legislation – Timescale for Registering Deposits. (Canterbury Letting Agent)
Mar 20th
Sam Douglas, Accounts Co-Ordinator for iConn Property Management writes:
The Localism Act comes into force on April 6th 2012 and makes an important change to the timescale for protecting deposits.
The timescale for registering deposits and serving Prescribed Information has increased from 14 to 30 days – but the 30 days is an absolute deadline.
Our prescribed information will be updated in our current tenancy agreements and terms of business and this change will only really affect tenancies created after the 6th April but current clients may wish to take note of these changes for any future tenancies.
Changes to EPC Legislation (Letting in Canterbury)
Mar 16th
Vicky Cranthorne, Office Manager for iConn Property Management writes:
EPC legislation changes - April 2012
The DCLG (Department for Communities and Local Government) have proposed changes to the legislation regarding energy performance certificates (EPC’s) for properties are due to come into force on 6th April 2012. This is the legislation that was originally due to be implemented last October but was subsequently delayed and revised.
In simple terms it will mean that instead of just advertising the graph images on the property advert we will need to include the first two pages instead. It will mean that we must hold the full certificate on file for the property and not just the numbers on the graph. It is also mentioned that the EPC graphs must now cover any outbuildings included in the tenancy and not just the main property.
Key points in the new legislation:
- This only applies to properties coming to market after 6th April.
- The current asset ratings (EPC graphs) are no longer applicable in isolation. They are to be replaced by the first page of the new style EPC (typically an A4 document which contains the graphs and additional information).
- The EPC legislation is extended to apply to non-residential and rental transactions.
- Where property marketing does not include the full property address the legislation does allow for the address to be redacted in the EPC used for marketing purposes. It is still required on the full EPC document. NB. Although this is clearly indicated in the legislation, there is currently debate as to whether this only applies to commercial properties.
- Note: At this time of writing the format of the revised EPC is still subject to approval and release by DCLG.
- Further to this, we have gained confirmation that:
- The EPC does not have to be an integral part of the printed particulars. It can be provided as an attachment or insert.
- If sending details electronically as an attachment, the EPC can be provided via a clickable url.
For the majority of clients this is not a major issue they will need to be concerned with and more impacts the way the agent advertises but we will advise all clients who the legislation effects.
Have Yourself a Very Green Christmas!! :)
Dec 24th
Vicky Cranthorne M.A.R.L.A, Office Manager for iConn Property Management writes:
The local council have released some useful information for recycling over the Christmas period so that we all have a green Christmas……
Green Christmas
This year, like every other, we want to make sure that you not only have a great Christmas, but get rid of your Christmas waste on the appropriate day in the appropriate way. So please take note of the following points:
Check your calendar for your collection dates - some of them may have changed
In bad weather conditions put your waste out on your usual day and leave it. We will collect it soon as we can.
Garden Waste won’t be collected between 23 December 2011 and 09 January 2012
Don’t forget we will collect your real Christmas tree for free – if you leave it out for collection on recycling day. Place it next to your clear sacks not in the garden waste bin.
Old trees can be taken to the Household Waste Recycling Centres and placed in the green garden waste containers for composting. Your local council may also be able to take your real Christmas tree for composting if they provide a kerbside green garden waste collection service.
Alternatively, why not buy a Christmas tree in a pot or with a root that can be planted in the garden for use the following year! Some companies now also hire real Christmas trees which are re-planted after Christmas!
Recycle your Christmas cards and non foil wrapping paper in the clear recycling sack, or look out for one of the high street charity schemes.
Flatten and secure your cardboard boxes for collection. These can be put out for collection next to your recycling sacks.
To clear space give unwanted clothes and toys to charity shops and clothing banks.
Recycle your glass bottles at the bottle banks and the Household Waste Recycling Centres
Think about what you buy and who you are buying for. We all like to put on the best Christmas Day spread for family and friends, but afterwards, without a bit of pre plannng, we can still be eating the brussel sprouts four days later!!
Make use of any left over food, visit http://www.lovefoodhatewaste.com/ for recipes and ideas.
Although our contractor can sort most plastics, many of them have a negative value and black plastic cannot be sorted at all, so please only give us your clear or opaque plastic bottles over the christmas period.
Remember you can take your unwanted plastic bags back to a major supermarket for recycling, they all now provide in-store banks.
If you are not sure about collections over the Christmas period, then please call Serco on 0800 031 9091.
Here’s hoping you have a very happy Christmas.
Advice for Potential Landlords looking to invest in property…
Nov 16th
Vicky Cranthorne, Office Manager for iConn Property Management writes:
ARLA (Association of Residential Letting Agents) provides this useful article for potential Landlords looking to invest in property…
http://www.arla.co.uk/buy-to-let/dos-and-donts/
- DO
- Think of buying to let as a medium to long term investment.
- DO
- Seek advice from an ARLA letting agent on local market demands.
- DO
- Get your sums right. Will the rent cover borrowings and costs, after allowing for void periods?
- DO
- Decorate, fit out and furnish to high quality standards, especially kitchens and bathrooms, to attract the best tenants and let quickly every time.
- DO
- Use an ARLA member as your letting agent. They are bonded, hold Professional Indemnity Insurance to required standards, have staff trained to ARLA’s competency standards and are kept up to date with the latest legal and regulatory requirements.
- DON’T
- Let personal taste cloud your judgement. Be sure the property you choose meets market requirements.
- DON’T
- Purchase anything with potential maintenance problems like a lot of woodwork or large gardens. It will add nothing to the rental value and cost a lot to keep up.
- DON’T
- Think that the running of an investment property to let can be left to friends or relatives in your absence. Tenants require a full management service.
- DON’T
- Use off-the-shelf tenancy agreements from HMSO or law stationers, or forget to issue the right notices or fail to have a proper inventory and condition report made before a tenant moves in. Leave all documentation to a professional agent.
- DON’T
- Furnish with second hand furniture or cast-off soft furnishings. These will probably contravene the Furniture and Furnishing Regulations.
Tenancy Deposit Service
Nov 11th
Vicky Cranthorne M.A.R.L.A, Office Manager for iConn Property Management writes:
Most landlords and tenants are aware of the change in legislation in April 2007 which requires landlords to hold their tenants deposits within a secured scheme. At iConn we use the Tenancy Deposit Scheme – (TDS).
Our tenants and landlords may find this website useful as it provides the guidelines and processes involved when using the TDS.
http://www.thedisputeservice.co.uk/landlords-faqs.html - For landlords
http://www.thedisputeservice.co.uk/tenants-faqs.html - For Tenants.
Digital Switchover and Television Aerial Updates – Landlords Responsibility
Nov 10th
Sam Douglas, Accounts Co-Ordinator for iConn Property Management writes:
With all the promotion recently, most people are aware in some way or another about the Digital Switchover; the plan is that all Analogue transmitters will be switched off and Analogue Aerials will be phased out and replaced with the new digital transmission.
The switchover date for South and East Kent has recently been announced as 13th June 2012 – when the BBC 2 Analogue will be switched off followed by all analogue channels being turned off completely on the 27th June 2012.
As a Landlord you will be responsible for the television aerial on the roof of your property being upgraded from analogue to digital, if you have not already done so.
We would strongly suggest that you complete this upgrade sooner rather than later as I am sure that the closer to the digital switchover we get, the more expensive the upgrade will be!
On average costings are coming in anything from £65.00 to £200.00 depending on upgrade works required.
I have spoken with Alexandra Aerials and CHP Electrical and Maintenance and both companies pricing are about the same. They have both said that if only the aerial needs replacing its £50.00 for the aerial plus labour (normally an hours work) but if the wiring also needs to be updated too, then you will be looking at between £150.00 – £200.00. They would then replace the aerial and all cable and then rewire this into the property.
Please contact me on 01227 765008 if you would like me to arrange this upgrade for your property or alternatively to set up a payment plan for the next few months to cover this expense next year.
You may wish to source your own quotes or complete the work yourself so please let me know if you need access to your properties at any point.
Tenancy Notice Periods in your AST Tenancy Agreement
Nov 9th
Sam Macdonald, Lettings Negotiator for iConn Property Management writes:
Tenants and Landlords often get confused by the notice clause in their A.S.T (Assured Shorthold Tenancy) Tenancy Agreements when it comes to needing to give notice.
Commonly the confusion comes when deciding how much notice should be given and how to give notice.
Here are the basics:
If your tenancy is in a fixed term contract:
This means that your contract is still within its initial fixed period, dated on the contract ie. 1st January 2011 – 31st December 2012. Whilst within a fixed term you are unable to give notice. Instead you will need to wait until the contract expires. The Agent or Landlord must serve a Section 21 noticeto end the contract, otherwise the contract will roll over and then both parties will be subject to the Statutory Periodic notice terms (See below). The notice must be served two months before the end of the tenancyand in most cases they are accompanied will an offer to renew the contract if possession is not required from the landlord.
If it is the tenants intention to leave they need to confirm this to the agent or landlord when they receive the section 21 notice.
This also applies to tenancy agreements which have been renewed using a fixed term addendum as a new fixed contract has been agreed to be extended by certain dates and so the landlord and tenant are liable for the term again, until it expires.
If your tenancy is Statutory Periodic:
This is when your fixed term has expired and you are now on a rolling contract.
In this case you are able to provide notice and the standard notice lengths are one month notice from the tenant to vacate the property or two months notice from the landlord for possession of the property. The notice from the tenant must be provided in writing to either the agent or landlord. The notice from the landlord must also be in writing and should be accompanied with a section 21(4)(a) notice. The notice from both parties must be in line with the rental date. So, for example, if you pay your rent on the 5th of the month your notice will be in force from the 5th of the month, even if you provide a written letter before this date it will not come into effect until you pay your last months rent.
Full and further information regarding to notice periods under the Housing Act 1988 are available from this website: http://www.legislation.gov.uk/ukpga/1988/50/contents
Boiler Flues – Changes to Safety Checks
Nov 8th
Vicky Cranthorne M.A.R.L.A, Office Manager for iConn Property Management writes:
There is a major change to the gas safety certificate requirements which will be coming into effect from 31st December 2012 which some landlords will need to be aware of.
If the boiler in your property is situated on an outside wall and you can see the flue then you will not be effected BUT if your boiler flue is concealed and runs behind walls or ceilings before reaching an outside wall then this change will effect you.
Gas Safe Engineers need to be able to inspect the flue all the way along to ensure that there is no carbon monoxide (CO) danger and in order to be able to complete a gas safety certification. If they can not see the whole flue they will need to install inspection hatches.
Landlords will need to prepare for this added required expense and so we will be writing to our current clients whose properties will be effected to offer a payment plan and advice on contacting development managing agents if the proprety is in an apartment block.
The legislation comes into effect on the 31st December 2012 which will means that any certifications due after the 31st December 2011 will need to be brought up to the new requirements so that they are not invalidated when the changes are enforced.
This websites confirms the changes in more detail: http://www.gassaferegister.co.uk/advice/flues_in_ceiling_spaces.aspx
and further information can be found on the HSE website : http://www.hse.gov.uk/safetybulletins/fluesinvoids.htm