Section 22 of the Immigration Act 2014 requires all Landlords in England to carry out Right to Rent checks for new tenancies to determine whether occupiers aged 18 and over have the right to live in the UK legally. Smith Melzack will collect the relevant documents from the tenant and occupier;
Confirm the tenant’s Right to Rent with the landlord and store copies of the documents in line with the regulations.
Where the initial check shows that a person has the right to be in the UK for a limited time, a follow up check must be made prior to the expiry date of the tenant’s right to be in the UK, or 12 months after the original check.
Acceptable documents include a UK passport, a permanent residence card, or a travel document showing indefinite leave to remain in the UK. The full list of documents can be found here:
Smith Melzack will inform you that the prospective tenants have passed the checks. We will prepare the tenancy agreement and collect the deposit and first month’s rent from the tenants.
Deposits are held by the Deposit Protection Scheme (DPS), unless you request otherwise.
Smith Melzack strongly advises landlords to carry out an Inventory and check-in prior to the new tenant moving into a property.
An inventory will consist of an independent contractor itemising contents, condition of the property and any fixtures and fittings there in, with photographs.
If a check-in is carried out this will act as an extra safeguard. The tenant and landlord should agree the contents of the inventory and both should sign and keep a copy.
At the end of the tenancy, in a managed property the tenant and the agent will review the original inventory with a view to having the full deposit returned in the event of the property being returned in a reasonable condition. If the property is unmanaged then the check-out should occur between the landlord and the tenant.
If instructed, Smith Melzack will arrange a professional inventory and check in and check out on your behalf, the cost of which is borne by the landlord.
If the landlord has a mortgage, it is normal for mortgagees to require notification of any proposed lettings and the landlord should seek their initial consent. In the case of leasehold premises, the consent of the head lessee or freeholder will be required. The landlord should also advise his insurance company of the proposal to let the property as this could either invalidate the insurance altogether or increase the premiums. You should obtain written documentation of these consents prior to letting.
The tenant will be responsible for the payment of gas, electricity, water, telephone, council tax and television licence. (Unless otherwise agreed and stated)
As the landlord, you are still responsible for the payment of service charges and ground rent in leasehold properties and buildings insurance on freehold properties.
Most tenancies are Assured Shorthold Tenancies. Under the Housing Act 1998 (as amended 1996) landlords have more rights to possession than with tenancies commencing prior to the Acts and procedures for possession are now quicker and simpler (provided the process is carried out correctly).
There is no minimum period for an Assured Shorthold tenancy; however, we recommend that the tenancy has an initial period of six months.
Most tenancies are drawn up for a period of twelve months, some have break clauses. A break clause allows either party to terminate the agreement with two months’ notice after an initial period of four months the notice may be served.
Once the funds have cleared and the tenancy agreement has been signed by both the landlord and the tenant both should receive a copy of the document.
Congratulations the property has been let!!
Click here for Landlord fees and service guide:
