Landlords

Main and Main offers a comprehensive Letting and Management service run by a team of experienced and friendly staff. As one of the leading Letting Agents in the area, with over 64 years’ experience, this progressive company has a strong interest in quality residential property of all types. We are here to give advice and information about the range of regulations governing Lettings together with general advice for both Landlords and Tenants.

Once you have decided that you would like to rent out your property there are many issues that are required to be handled in order to ensure that your Letting is authorised and safe and that it meets all of the legal requirements in accordance with current legislation governing Landlords in the U.K today. Main and Main are ICO registered Z1558122

Here are some of the important issues that will require to be dealt with prior to Letting out your property

IMPORTANT INFORMATION FOR LANDLORDS

THE ADVICE PROVIDED WITHIN THIS DOCUMENT IS PROVIDED TO ENSURE YOU ARE AWARE OF YOUR BASIC OBLIGATIONS, RESPONSIBILITIES AND RISKS WHEN RENTING OUT A PROPERTY. IF REQUIRED, WE CAN ASSIST WITH FURTHER INFORMATION ON ANY OF THE MATTERS OUTLINED.

CERTAIN OBLIGATIONS ARE HANDLED BY US AS PART OF THE SERVICES WE PROVIDE TO YOU. SEE OUR TERMS OF BUSINESS FOR CLARIFICATION OF WHAT IS INCLUDED WITHIN THE DIFFERENT SERVICES. EVEN IF THE OBLIGATION IS NOT HANDLED AS PART OF THE SERVICE YOU REQUIRE, WE WILL BE ABLE TO ASSIST YOU IN MEETING IT. PLEASE ASK US FOR FURTHER INFORMATION.

Obtaining Appropriate Permissions to rent out a property
Energy Performance Certificate
Energy Performance Certificate
Specific safety requirements
Protecting your own interests
Preparing your property
The tenancy
Tax implications
Security Deposit Scheme Process

OBTAINING APPROPRIATE PERMISSIONS TO RENT OUT A PROPERTY

MORTGAGED PROPERTY

It is essential for formal permission to be obtained from any mortgage lender. If you have an existing mortgage secured against the property you propose to let you must approach your mortgage company before entering into any formal tenancy agreement. Most Lenders publish a list of conditions to be met, including sight of the Tenancy Agreement, before they will grant permission. Most would charge a nominal sum to cover administration costs. We require confirmation from you that permission is, or will be, granted before proceeding to find a tenant. If the mortgage lender imposes any special conditions on the letting of the property you must inform us prior to a tenant being found, because once a tenancy is granted no further conditions can be imposed upon the tenant or inserted within the tenancy agreement.

LEASEHOLD PROPERTY

In the case of leasehold property, the Head Lease may make specific reference to sub-letting which may mean you require permission to sub-let from your Superior Landlord. Also, some management committees require an interview with prospective tenants. Often the lease will contain covenants affecting the tenant so we will require a copy of the lease to pass on to any tenant. If your lease requires consent from the superior landlord prior to letting it is your obligation to obtain consent and to pay any costs incurred to obtain the consent.

MANAGEMENT FEES/GROUND RENT

If you are a Lessee and pay periodical payments to a Landlord or an estate “Management Company” you should arrange to pay these direct. It is not the Tenants responsibility to pay management fees/ground rent on your behalf. You may also need The Lessor’s written permission to let your house and you should check the terms of your Lease for this.

WATER BILLS

We suggest that you register, at the commencement of the tenancy, on Landlord TAP https://www.landlordtap.com/ (tenant address portal for water billing in England and Wales). This can protect you from becoming liable for any unpaid water bills the tenant may incur.

COUNCIL TAX

Whilst a tenancy is active Council Tax is the responsibility of your tenant. However, if your tenancy goes into a periodic contract this may affect Council Tax responsibility. Please use this link to investigate your own personal situation: https://www.gov.uk/council-tax/second-homes-and-empty-properties. The ruling for council tax varies from council to council and you should check to clarify whether you are able to apply for any discounts whilst your property is in a void period.

BUILDINGS & CONTENTS INSURANCE

You should make certain that your property and any contents that you leave as part of the tenancy agreement are adequately insured and that your policy covers you for letting out the property and includes public liability insurance. Domestic household policies will not be sufficient. Check with your insurer. It is your responsibility to make sure this insurance remains in force during the full term of any tenancy.

ENERGY PERFORMANCE CERTIFICATE

EPC

A valid EPC is required for all properties offered for rent. The EPC must at least be commissioned before marketing commences and should be in place within 7 days. If it is not in place within 28 days the property must be withdrawn from the market until the EPC is available. The energy rating of a residential rental property must be at least E rated. Residential Properties rated F or G cannot be rented out, unless you, the landlord, have a personal exemption that is registered on the Private Rented Sector Exemptions Register.

GENERAL SAFETY REQUIREMENTS

HOMES (FITNESS FOR HUMAN HABITATION) ACT 2018

This legislation is linked to the Landlord and Tenant Act 1985 and it places obligations on you to ensure that the property is generally safe and fit for habitation. Failure to meet these general requirements can result in punitive penalties being imposed by local authorities. The general requirements are that the property should -

Generally, be in good condition
Not have damp problems
Not be unsafe
Have enough natural light
Have enough ventilation
Have a supply of hot and cold water
Have adequate drainage
Have appropriate toilet and bathroom facilities
Have adequate kitchen facilities to cook food and wash up

SPECIFIC SAFETY OBLIGATIONS

GAS INSTALLATION

Where the property has a gas supply you must to have all gas appliances and installations inspected prior to an initial tenancy commencing and on an annual basis thereafter. The work must be carried out by a qualified GASSAFE technician and can be arranged by your own fitter or through our us. If it is your own fitter, we will require a copy of his GASSAFE registration and public liability insurance as well as a copy of the safety check certificate prior to the start of the tenancy. Certificates are valid for 12 months after which time a fresh inspection must take place. Tenants must be provided with a copy of the certificate at the start of the tenancy and then annually thereafter.

ELECTRICAL WIRING

You must obtain Electrical Inspection Condition Report (EICR) from a qualified and competent electrical engineer to ensure the electrical installation is safe and meets all legal safety requirements. This EICR report must be renewed at least every 5 years. Tenants must be provided with a copy of the report at the start of the tenancy and then when renewed thereafter.

ELECTRICAL APPLIANCE SAFETY

All electrical appliances included in a tenancy must be electrically safe. We recommend that before the commencement of a tenancy and approximately every 2 years during a tenancy all portable electric appliances included within the tenancy agreement are electrically tested (also known as PAT testing). This confirms they meet the Electrical Equipment (Safety) Regulations 1994 and the Consumer Protection Act 1987.

INSTRUCTIONS FOR THE SAFE USE OF APPLIANCES & EQUIPMENT

For the tenant’s safety and to ensure they look after your property and contents you must provide instructions for the safe use of anything remaining at the property. In particular instructions for use of central heating systems, cookers and other electrical and gas appliances must be provided. Additional guidance notes should be provided detailing where stop cocks, meters and burglar alarm controls are situated.

UPHOLSTERED FURNITURE

Any upholstered furnishings (excluding carpets and curtains) that are left in furnished properties must conform to the Furniture & Furnishing (Fire) (Safety) (Amendment) Regulations 1993 and have the original manufacturers labels attached to them. Where we manage the property, we reserve the right to remove any item from the property and to store or dispose of it at your expense if no label is attached.

LEGIONELLA BACTERIA IN WATER SYSTEMS

You should carry out a legionella risk assessment of the water system in the property. You have a legal duty to ensure that the risk of a tenant's exposure to Legionella is properly assessed and controlled. You can carry out a risk assessment yourself or employ a professional to carry it out for you.

GLAZED DOORS

If internal glazed doors and partitions are fitted it is important that they are either glazed in toughened glass, have safety film over them or the panels are taken out.

WINDOW BLINDS

All internal window blind cords must meet British Standards for safety of children. If children were to reside at the property you would not be permitted to rent it out unless the internal window blinds complied with the minimum breaking point required. Blinds on the market currently do comply, but please ask if you require more information.

SMOKE ALARMS

All properties built from June 1992 must have mains fitted smoke alarms with battery backup. All other older properties must also have smoke alarms fitted in an appropriate place on each floor of the property. These can be mains or battery operated. It is your obligation to be able to show that they were in working order at the start of the tenancy and we assist with that. Instructions on the use of the alarms must also be provided to the tenant. As part of the tenancy the tenant will become responsible for changing the batteries once the tenancy starts.

CARBON MONOXIDE ALARMS

A carbon monoxide alarm is required in any room of the property that contains a solid fuel burning combustion appliance. These can be mains or battery operated. It is your obligation to be able to show that they were in working order at the start of the tenancy and we assist with that. Instructions on the use of the alarms must also be provided to the tenant. As part of the tenancy the tenant will become responsible for changing the batteries once the tenancy starts. We recommend that you also install CO alarms in rooms where there is gas appliance. This will become a legal obligation in the near future.

WOOD/SOLID FUEL BURNING STOVES

These appliances must be safe and as such obtaining a safety certificate provided by HETAS is recommended prior to the commencement of the tenancy.

BANISTERS

Suitable banisters and handrails must be fitted to stairways and be properly maintained so as not to provide a danger to tenants.

POLYSTYRENE CEILING TILES

These are a fire hazard and should be removed before a tenant can occupy the property.

OIL-FIRED CENTRAL HEATING SYSTEM

If such a system is installed in your property, you will need to take a tank reading prior to any tenancy starting, together with the capacity of the oil tank. This and full details of the supplier must be provided to the tenant. We recommend that all oil appliances are serviced and safety checked regularly.

PONDS

If there is a pond in the garden appropriate precautions must be taken to make the area safe.

PROTECTING YOUR OWN INTERESTS

PROPERTY FRAUD

Over the year’s owners of a property has been defrauded by criminals obtaining large mortgages on properties or selling it. To help prevent such instances arising the Land Registry has introduced a system whereby the owner of a property can register up to three addresses with the Land Registry including an email address and an address abroad. You should go to the Land Registry website www.gov.uk/protect-land-property-from-fraud for guidance and the relevant registration form.

INVENTORIES AND SCHEDULE OF CONDITION

An inventory and schedule of condition report is a vital process, where a security deposit is taken. It is your obligation to PROVE that the tenant damaged your property/contents. Therefore, if the tenant causes any damage and you do not have an inventory and schedule of condition report there is little chance of retaining any of the deposit at the end of the tenancy. Furthermore, if the damage repairs cost more than the deposit amount it will be very difficult to succeed with any civil claim against the tenant to recover those costs. Please ask us for more information.

PREPARING YOUR PROPERTY

THE START OF A TENANCY

The property must be clean, tidy, pest free for your tenants to move into. It is therefore recommended that you have the property professionally cleaned before a new tenancy commences. This also encourages tenants to leave the property in the same condition at the end of the tenancy

TELEPHONE

If a telephone service is currently supplied to your property you should terminate the agreement. The tenant will then enter into a new agreement with whichever supplier they choose. It is not, however, possible to require a tenant to maintain a telephone at the property and, since this becomes a private arrangement, the telephone number may be altered by the supplier or tenant without reference to you. Should any tenant not require the telephone service, then the service is terminated and a re-connection charge will be due if you resume personal occupation.

MAIL

Before vacating the property, it is advisable to arrange for the Post Office to re-direct your mail, as the Tenant can be held responsible for your mail, which may go astray.

METER READINGS

Meter readings must be taken at the start and end of any tenancy and provided to the supplier. Suppliers are notoriously poor at reflecting meter readings on accounts. You are advised to check any bills you receive carefully, making sure they are based on ‘actual’ and not ‘estimated’ readings.

GAS-FIRED CENTRAL HEATING SYSTEM

If you have a Maintenance & Service Agreement provide details to the tenant, including the relevant Service Contract number and who to contact. A copy of the contract should be left at the property for use by the tenant in case of emergency.

FURNITURE, DECORATIONS AND FITTINGS

It is possible to let your property either furnished, part furnished or unfurnished. However, fitted carpets and curtains should remain in all properties. The majority of tenants prefer unfurnished properties. If you leave equipment such as washing machine, dishwasher, freezer or similar items these can be included in the inventory with the stated observation that any repair costs due to accidental damage will be at the tenant's expense. Please remember that your property will be subjected to the stresses and strains of everyday living and you may incur costs due to fair wear and tear of any items you include within the tenancy agreement. We must emphasise that it is vital you remove any items not easily replaceable or of exceptional value.

FITTED CARPETS

It is not your responsibility to replace fitted carpets during the period of a tenancy, unless they become worn due to fair wear and tear.

REPAIRS

You have a legal responsibility to keep the structure and exterior of the property in good repair including walls, roof, guttering, drains, external pipes and any flagstones or steps giving access to the property. Any TV aerials, Satellite connections, waste disposal units, door entry systems, lifts, etc, must be working effectively for the duration of the tenancy. You must also ensure that all installations for the supply of hot and cold water, sanitation and heating are kept in good repair and “proper working order”.

GARDEN & HEDGES

Tenants can be poor gardeners and so any gardening beyond mowing the grass and some basic weeding and trimming may not be undertaken. Tenants are not generally expected to trim trees with large branches and hedges more than six feet above the ground. Plants of this size, and larger remain your responsibility. Large or difficult to maintain gardens can be problematic for tenants. Tenants will not generally maintain the garden if it is not in good order when they take up occupation. We therefore recommend the garden is presented in a good order at the start of any tenancy. In certain situations, where specialist equipment is required, it is advisable to include appropriate gardening equipment within the tenancy to assist the tenant and ensure the garden is maintained to a good standard. Alternatively, having a contract for gardening services to be provided can be more attractive to tenants.

VOID PERIODS

In void periods you are responsible for all utilities, council tax and insurance. You are advised during the winter months to ensure that water systems are drained down or leave some form of heating on to avoid burst pipes. It is advisable to check the property once a tenancy ends as tenants may leave the water on; central heating systems running; lights on; and more.

THE TENANCY

TYPES OF TENANCY AGREEMENT

We will advise on the appropriate tenancy

ASSURED SHORTHOLD TENANCY (AST)

Assured Shorthold Tenancies are the most common, as they provide the most protection for you. If appropriate, we will advise you of alternatives. The initial term of the tenancy can vary but it should never be less than 6 months or exceed 3 years. We can advise you the appropriate term depending on your circumstances and requirements. You may wish to consult a solicitor to ensure you are aware of all the legal implications of renting out a property.

COMPANY LET

Company lets can be appropriate, as companies do rent properties accommodation for their staff, for example when on secondment. However, you do need to be careful. A company can close down, for example if it becomes insolvent, in which case it may prove impossible to recover unpaid rent. For this reason, it is often a good idea to take guarantees from the directors. It is appropriate to find out who will be living at the property and, if possible, take references.

INVENTORIES AND SCHEDULE OF CONDITION

An inventory and schedule of condition report is a vital process, where a security deposit is taken. It is your obligation to PROVE that the tenant damaged your property; therefore, if the tenant causes any damage and you do not have an inventory there is little chance of retaining any of the deposit at the end of the tenancy. If the damage repairs cost more than the deposit amount it will also be very difficult to succeed with any civil claim against the tenant to recover those costs. Please ask us for more information.

THE RENT

The rent quoted to a tenant should exclude all outgoings for which you are responsible (i.e. property buildings insurance, ground rent, service charges etc.). You are not responsible for gas, electricity, telephone, water rates including sewerage and environmental charges, energy charges or council tax. All of these are the tenant’s responsibility.

DISABILITY DISCRIMINATION

You may need to make reasonable minor adjustments to the property, if your tenant is disabled in any way and they request changes. For example:

replace signs or notices
change taps or door handles
replace or adapt doorbells or entry systems
change colours to walls, doors or other surfaces

You will not be required to make any changes that would involve removing or changing the physical features of the property, such as, alter the walls, floors or windows.

QUIET ENJOYMENT

Your tenant is entitled to the ‘Quiet Enjoyment’ of the property they rent. This means that you are not permitted to interfere with your tenant; for example, by visiting frequently, or by letting yourself (or a contractor) into the property without specific permission. Failure to observe this condition may result in legal action.

ROUTINE INSPECTIONS

It is recommended that properties are inspected every few months to ensure the tenant is taking care of the property. The tenant should be given at least 48 notice of an inspection or visit to their property and these should not be made too often. If a tenant refuses entry to a property this can be an indication of problems.

Where we manage the property we will undertake this on your behalf and provide a written report for your consideration. Our inspections are always pre-arranged with your tenants, during which time we aim to inspect every room of the house and the exterior of your property. We are not able to check every inventory item, but instead will verify that your property is being cared for in a ‘tenant like manner’ and the general terms of the tenancy are being met. This will provide you with a good overview of how your property is being cared for and to highlight any visible damage or poor maintenance issues.

Our property Inspections are thorough but they do not generally include attics, cupboards and other inaccessible areas and we are unlikely to move rugs, curtains or the tenant’s possessions unless investigating a specific issue. We will not generally, take general photographs of a property during an inspection because it is considered to be an invasion of your tenant’s privacy; we will however endeavour to photograph maintenance issues where appropriate.

LEGAL PROTECTION - RENT ARREARS

No matter how carefully a tenant is vetted, the future cannot be predicted. Redundancy, lengthy illness or matrimonial upset all affect tenants who may then not pay the rent or abscond. Sometimes, these and other problems can only be resolved by legal action and we would recommend you take out a legal protection insurance policy to cover any costs that would be incurred.

ENDING A TENANCY

Unless the tenant voluntarily surrenders possession of the property it will be necessary to serve the tenant with a valid notice to vacate the property. The precise form of notice, length of notice depends upon the type of tenancy that has been granted. Sometimes a tenant will fail to comply with a notice and you will need to commence county court proceedings to obtain a possession order. Where we manage your property we can assist in this area on your behalf.

HOUSE IN MULTIPLE OCCUPATION (HMO)

A HMO is basically defined as a “house occupied by persons who do not form a single household”. If the house is going to be in multiple occupation, it may require a local authority HMO mandatory licence or it may require a non-mandatory or additional licence with the local authority. Local authorities have differing standards depending on a host of issues relating to the property. Compliance is vital and so you should determine what the requirements are for your property before considering making the property available as a HMO. We can assist you if requested. Should you wish to market your property as a HMO through us we will require copies of all relevant documentation and your HMO licence prior to marketing.

TAX IMPLICATIONS

LANDLORDS TAX IMPLICATIONS

The income from letting your property is taxable. It is in your best interest to seek qualified advice from a Tax Advisor or accountant. The Inland Revenue instruct Letting Agents annually to provide details of all Landlords. We provide monthly financial statements to assist you in this aspect of your financial planning.

LANDLORDS RESIDING ABROAD

If you are a member of H.M. Forces you will be responsible for the payment of tax direct to PD5 at Cardiff, subject to us receiving a waiver of liability from that Department. If we do not receive a waiver we will deduct tax at basic rate and send the money to the Inland Revenue quarterly.

If you are a civilian resident outside the U.K. for more than six months in any tax year, whether for work purposes or other reasons then the tax authorities will assess this company for tax due. In these cases, we must retain a portion of the rental to meet this tax assessment, unless we have authority from the Inland Revenue to pay the rent to you without making a retention for tax. You can obtain an approval number from the Inland Revenue. Information and forms can be found online at the non-resident landlord section of the HMRC website: www.hmrc.gov.uk/cnr/nr_landlords.htm

Please note that your tax affairs must be up to date to qualify for this approval. Until that approval number is given to us by the Inland Revenue we are legally obliged to deduct tax from your rental income at the prevailing rate. This money is forwarded to the Inland Revenue on a quarterly basis. If you are not accepted into the Non-Resident Landlord Scheme, we must deduct tax from your letting income. If the tenant pays you direct and he has not received approval from the Inland Revenue to pay the rent gross he must deduct tax and forward that to the Inland Revenue on your behalf. No person is exempt from this scheme.

SECURITY DEPOSIT SCHEME PROCESS

Where a tenant pays a security deposit in connection with an assured shorthold tenancy (“AST”) the deposit must be protected though one of the governments authorised tenancy deposit protection schemes.

The tenant and any Relevant Person must be provided with the ‘prescribed information’ about the deposit and comply with the initial requirements of an authorised scheme within the Statutory Time Limit.

We will handle this obligation unless you advise us otherwise, through the custodial service operated by -

My Deposits which is administered by:

My Deposits
1st Floor Premiere House
Elstree Way
Borehamwood
WD6 1JH
Email: info@mydeposits.co.uk
Website: www.mydeposits.co.uk
Telephone: 0333 321 9401

HOW IT WORKS

1.If we receive an AST security deposit on your behalf, we will serve the prescribed information and comply with the initial requirements of the Tenancy Deposit Scheme on your behalf, unless you have given us instructions to the contrary before we receive the deposit.

2.We must comply with the rules of the Scheme, and this means that we will not be able to act on your instructions with regard to the deposit if those instructions conflict with the Scheme rules.

3.The Scheme rules are available to view and download from their website.

INSURED SCHEME - DEPOSIT HELD BY US

At the end of the Tenancy

1.We will liaise with you to ascertain what (if any) deductions you propose to make from the deposit or have already agreed with the tenant.

2.We will help you to try and resolve any areas of dispute within a reasonable time obtaining quotations, estimates or arranging contractors on your behalf in accordance your instructions.

3.Once you and the tenant have agreed how the deposit should be allocated, we will ask you both to confirm your agreement in writing.

Where there is a dispute about the deposit at the end of the tenancy

1.You must use reasonable efforts to reach a sensible resolution to the dispute as soon as practicable after the tenancy ends.

2.A tenant can ask us to repay the deposit at any time after the tenancy has ended. You must agree to us releasing promptly any part of the deposit that does not need to be held back to cover breaches of the tenancy agreement. We will take your instructions at the time regarding the amount to be withheld.

3.If the tenant asks us to repay some or all of the deposit, and we do not do so within 10 days from and including the date of the tenant’s request, the tenant can notify the Tenancy Deposit Scheme. The Scheme will then direct us to pay the disputed amount to the Scheme. We have 10 days, from and including the date we receive the Scheme’s direction, to send in the money.

4.You authorize us to pay to the Scheme as much of the deposit as the Scheme requires us to send. We will contact you to keep you informed, but we will not need to seek your further authority to send the money to the Scheme.

5.See below for further information on the dispute process.

CUSTODIAL SCHEME - DEPOSITS HELD BY THE SCHEME

At the end of the Tenancy

1.You must use reasonable efforts to reach a sensible resolution to the dispute as soon as practicable after the tenancy ends.

2.To release the deposit at the end of the tenancy the lead tenant should submit a ‘Request for repayment’ indicating how much of the deposit each party should receive. The scheme will notify us of the request and invite us to respond.

3.If you agree with the request, we will repay the agreed amount to the tenant and to you, if any dilapidations are agreed, within 10 days and deposit to the tenant

4.If you do not agree to the request, we will be given the opportunity to raise a dispute and use the alternative dispute resolution (ADR) service to decide how the deposit should be divided.

THE DISPUTE RESOLUTION SERVICE

1.The Tenancy Deposit Scheme will review the tenant’s claim and decide whether it is suitable for independent alternative dispute resolution. Usually, this will take the form of adjudication, but it may involve assisted negotiation or mediation. “Alternative” in this context means an alternative to court proceedings. It is intended to be a faster and more cost-effective way of resolving disputes. The Scheme does not make a charge to landlords or tenants for using the alternative dispute resolution service if it relates to an AST.

2.If the tenant’s claim is referred for alternative dispute resolution, we and you will be invited to accept or contest the claim. You must notify the Scheme whether you agree to submit the dispute for alternative dispute resolution within 10 Working Days from (but not including) the date of the Scheme’s communication to you. If you do not respond to the Scheme by the deadline, you will be treated as having given your consent to alternative dispute resolution.

3.Agents and landlords are permitted to refer a dispute about a deposit to the Tenancy Deposit Scheme. If you or we refer a deposit dispute to the Scheme, the Scheme will contact the tenant to confirm whether the tenant will agree to alternative dispute resolution. If there are joint tenants, all the joint tenants must agree. A tenant who does not reply to the Scheme is NOT deemed to consent to alternative dispute resolution. If the tenant (or all joint tenants) do not agree to alternative dispute resolution, and do not agree to the deposit deduction(s) you claim, you will need to begin court proceedings if you wish to pursue your claim.

4.If the parties agree to adjudication, the adjudicator’s decision is final and there is no right of appeal.

5.If you order any work to be done at the property before a dispute has been resolved, you do so at your own risk. There is no guarantee, if you incur expense, that a dispute will ultimately be resolved in your favour.

WHERE YOU WISH TO PROTECT THE DEPOSIT PERSONALLY

1.If the deposit relates to an AST and you decide to hold the deposit yourself, you must tell us before the tenancy agreement is signed. We will notify you of the date we receive the deposit and aim to transfer the deposit to you within 5 days of receiving it.

2.By law you must then register the deposit with an authorised tenancy deposit protection scheme within 30 days of the date we received it.

3.You must also give the tenant(s) and any Relevant Person ‘prescribed information’ about the deposit.

4.If you do not do both these things within 30 days of us receiving the deposit, the tenant or any Relevant Person can take legal action against you. The court can make an order stating that you must pay the deposit back to the tenant, or lodge it with an approved scheme. The court may then also order you to pay compensation to the tenant of between one and three times the amount of the deposit.

5.You cannot serve notice seeking possession under section 21 of the Housing Act 1988 until you have served the prescribed information. If you have not complied with the initial requirements of an authorised tenancy deposit protection scheme, you cannot serve a s21 notice until you have returned the deposit (or the agreed balance of it) to the tenant or court proceedings relating to the return of the deposit have been disposed of.

6.If you instruct us that you do not want us to protect an AST deposit, we shall not be liable to you for any loss suffered or cost incurred if you fail to comply with your obligations to protect the deposit and give prescribed information. You must pay us for any loss suffered or cost incurred by us if you fail to comply with those obligations.

WHERE THE TENANCY IS NOT AN AST

1.The deposit does not have to be protected by law; however, the deposit can be protected through the scheme and we can handle this on your behalf. This will mean their independent alternative dispute resolution service will be available to you.

2.If a dispute arises you, we or the tenant will contact the Scheme. The Scheme will propose what they consider to be the most effective way of resolving the dispute (assisted negotiation, mediation, adjudication or arbitration).

3.All parties must consent in writing to the proposed method, otherwise the options are to negotiate or litigate.

4.If all parties agree, then each party must pay a fee of £500 + VAT (or such other minimum fee as the Scheme may set from time to time) or 10% of the deposit plus VAT, whichever is the larger amount.

5.The Scheme will not start the dispute resolution process until all parties have agreed in writing to use the Scheme and paid the applicable fee and the disputed deposit to the Scheme.

CONSENT TO USE PERSONAL INFORMATION

1.When you agree to use our services, you agree that we may use information you give us, including information about yourself, for the purposes of performing our obligations to you.

2.You agree that we may supply such information as is reasonably required to the Scheme. You agree that the Scheme, or the government department responsible for the Scheme, may contact you from time to time to ask you to participate in surveys.

OUR DUTY TO PROVIDE CORRECT AND COMPLETE INFORMATION

1.When you agree to use our services, you guarantee that all the information you provide to us is complete and correct to the best of your knowledge and belief. You agree to inform us immediately if it comes to your attention that any information was incorrect.

2.If we suffer any loss or incur any cost because information you have given us is or was incomplete and/or incorrect, you agree to pay us the amount necessary to put us in the position we would have been in if the information had been complete and correct. This clause does not relieve us of our own obligation to use reasonable skill and care in providing our services to you, or to take reasonable steps to keep our losses and costs to a minimum once we realise that there is a problem.

All deposits taken from the incoming tenants are registered with My Deposits with which Main and Main are members they will register the name/s of the landlord and tenants until such time as the tenants vacates the property. There is a £45.00 plus VAT (£54.00 inclusive VAT) fee for tenancy registration. As additional security for landlords/tenants Main and Main are members of the client money protection scheme

Managed Service Costings

This includes the marketing of the property with the use of a ‘To let’ board where applicable, the inclusion of the property in a Residential Lettings list offered throughout the Branches of Main and Main, local advertising where applicable and the listing of the property on the Main and Main internet site. The referencing, drawing up a Tenancy Agreement, preparing an Inventory and schedule of condition where required (fee charged), overseeing the signing of the Tenancy Agreement. The collection of the months’ rent in advance and the deposit on the day of the signing.

Monthly rent collection and the issuing of a monthly statement of account, mid-term and final inspections reporting to the Landlord accordingly. Advising of change of occupancy and meter readings to utility companies at the beginning and end of the Tenancy. The day to day dealing of minor repairs, the overseeing of the end of the Tenancy and the returning of the deposits (if applicable).

Full Management Services:

Application Fee: £45.00 plus VAT (£54.00 inc VAT) Per person over the age of 18
Letting Fee for Managed Properties: £275.00 Plus VAT (Negotiable)
Management Fee: 10% plus VAT (Negotiable)
Inventory Fee: £150.00 plus VAT (£180.00 inc VAT)
Managed Move Out Fee: £125.00 plus VAT (£150.00 inc VAT)
Rent Guarantee Policy: £250.00 plus VAT (£300.00 inc VAT) 12 Month Cover (Not applicable to Let Only Landlords)

Let Only Service Costings:

Application Fee: £45.00 plus VAT (£54.00 inc VAT) Per person over the age of 18
Let Only Letting Fee One month’s rent plus VAT (120% of the first month’s rent including VAT) (Negotiable)
Inventory Fee: £150.00 plus VAT (£180.00 inc VAT)
Renewal of Tenancy Agreement Let Only: £90.00 plus VAT (£108.00 inc VAT)
Let Only Check Out Fee: £125.00 plus VAT (£150.00 inc VAT) Providing there is an inventory

Additional Cost for both services: (if applicable)

Registration to My Deposits: £45.00 plus VAT (£54.00 inc VAT)
EPC/Floorplan: £90.00 plus VAT (£108.00 inc VAT)
Annual Statement of Income and Expenditure: £50.00 plus VAT (£60.00 inc VAT)
In the event of attending contractor’s appointments: £20.00 plus VAT (£24.00 inc VAT)
Court Attendance if required £200.00 plus VAT (£240.00 inc VAT) per day or part thereof
Quarterly tax submission for Non UK resident with no HMRC approval: £100.00 inc VAT (per quarter)
Annual statutory landlord rental income notification on HMRC: £10.00 plus VAT (£12.00 inc VAT)
Annual tax declaration for Non UK resident with HMRC approval: £40.00 plus VAT (£48.00 inc VAT)

Gas and Electric Safety Certificates/Legionella: