Lettings Guide for Neilson & Bauer

We have used many marketing options over the years, and PR and editorial sit firmly among our war chest of marketing options. Where possible, we will secure local and national press coverage for your property. James and Graham have been quoted extensively in national newspapers, property journals and magazines including the Sunday Times, The Times, The Evening Standard, Metro, The FT, Country Life and other print and online publications. Effective PR and editorial rely on having a personal angle or a property having some special characteristic or history. We would be happy to discuss this further with you.

We will use alternative marketing options where it is prudent to think outside the box in order to get results. We promise to never treat you like a number – you will always be treated as an individual.

Once you instruct us, we will update our website with details of your property.

We also have the option to offer a 360° degree/virtual tour of your property, to help promote it to potential tenants at the same time; this will ensure minimal disruption to your current tenants.

We advertise all properties on our website and on online portals Rightmove, Zoopla, On The Market and Primelocation.com.

Within seconds of being uploaded, your property will be available to be seen throughout the world via these portals.

Although it may seem rather old fashioned to some, we still find a having a ‘to let’ board up outside the property can achieve great results. This isn’t always appropriate, though, and there may be occasions when we advise against this. The decision will depend on what is right for you and the let of your property.

We aim to have an attractive, inviting and interesting window display, located on Upper Street that stands out from the crowd. As well as a selection of our available properties, you may also see the display props from The Little Angel Theatre’s latest production, for example, or something else featuring the local community that will appeal to the high volume of foot and road traffic that passes our window.

You only get one chance to create a first impression and as my mum would say: “First impressions count!”

So, to ensure you make the right first impression we would advise you to look at your whole property with a critical eye.

If your property is rented and your tenant/s aren’t too house proud, you may wish consider getting a cleaner to pop round once a week before viewings. This is something Neilson & Bauer could arrange for you.

We would ask you to provide us with a good key (and not the tricky one that you loathe to use). Once again, it’s about ensuring that we work together to create the right impression.

If your property is currently rented out, we would recommend a three day gap between your current tenant/s leaving and your new tenant/s moving in. This will enable you to check and arrange any further cleaning or light remedial works that may be necessary. This will create an excellent and lasting first impression for your new tenant/s.

Neilson & Bauer will also go through a list of what is needed to prepare your property for market. This will include:

• Helping to arrange an EPC (Energy Performance Certificate) for your property (which is a legal requirement)
• Gas Safety Certificate
• Electrical Safety Check

We will only show applicants your property at times suitable to you or your current tenants, if your property is rented out (furthermore we will ensure to provide the current tenants with at least 24 hours’ notice of any potential viewing and will not turn up unannounced after all its their home). Needless to say, we will lock up as we find and make sure your property is secure when we leave.

Although this may be tricky in terms of timing, especially if your property is currently tenanted, you may wish to take out the paint brush and give your property a touch up, if required. It’s amazing what a lick of paint can do in terms of revitalising your property. Also, if your property is offered to the market in excellent condition, it is more likely that your tenant/s will wish to enter into a long-term tenancy.

Also, if possible, try to create as much floor space as possible. This may even require some things going into storage or asking your current tenant/s to have a tidy up. Although it may seem like a burden, this can significantly enhance your chances of letting your property swiftly.

Neilson & Bauer will put all offers to you promptly and keep you informed of negotiations. Once we have found you a tenant/s, we will ask the tenant/s to fill out our online pre-qualification offer form.

Wonderful news! Once you have accepted the tenants’ offer, we will require the tenant/s to put down a holding deposit of one week’s rent. At this stage, we will obtain references for the tenant/s and make sure they are eligible to rent your property.

We will ensure the tenant/s fill out our online application form, which requires them to upload a copy of their passport and, if applicable, details of their visa status.

Once the tenant/s have completed their online application form and passed referencing, the next step will be signing the tenancy agreement. Please note, this is a legally binding contract and if you have any specific clauses you wish to add to the tenancy agreement, this must be done promptly (and before the agreement is sent to the prospective tenant for approval).

We will ask the tenant/s to pay the balance of their move in monies at least 48 hours prior to the tenancy beginning. This will equate to four weeks’ rent and one month’s rent in advance. The initial one week’s deposit that the tenant/s placed at the offer stage can be added to the four weeks’ rent. Therefore, the tenant/s will be putting up a five week deposit, which will be held under the Tenancy Deposit Scheme (TDS).

For further information regarding the TDS, please visit their website. If you are registered to hold the deposit, then we will forward the deposit directly to you.

Exciting times! We will arrange for the inventory to take place on the property on the day the tenant/s move into the property. Once this has taken place, we will hand over the keys to the tenant/s. Subsequently, you will receive a copy of the inventory, which we would advise you to check and keep safe. The inventory is a comprehensive document that takes a couple of days to draft, but, needless to say, we will send this to you as soon as we receive it.

If you intend managing your property yourself, we will pass on your details to the tenant/s and vice versa.

Under the provisions of the Money Laundering Regulations 2017, Proceeds of Crime Act 2002, and subsequent related regulations, it is a legal requirement that estate agents must be able to identify their clients. All vendors must provide proof of ID and proof of current address. Therefore, we require a minimum of two documents to comply with HMRC regulations and this will be held on file in accordance with The General Data Protection Regulation 2016/679.

Where there are joint landlords, a copy of the relevant identity is required for each landlord. Where the landlord is a company, Neilson & Bauer requires a least two directors or a director and company secretary to provide us with the relevant identification.

Neilson & Bauer use the services of Veriphy and other professional companies for anti-money laundering, international ID, PEP, and company checks.

BELOW IS A LIST OF ACCEPTABLE DOCUMENTS (FOR INDIVIDUALS), AND WHERE AND HOW, THESE CAN BE CERTIFIED

• Passport
• Photocard driving licence – this can be used as photo- ID or proof of address but not both
• National ID card
• Council tax demand
• Utility bill, no more than three months’ old
• Current UK and EU bank statement or credit card statement can be accepted

BELOW IS A LIST OF PEOPLE WHO CAN CERTIFY YOUR DOCUMENTS

• A bank or building society official
• A councillor
• A minister of religion
• A dentist/doctor
• A chartered accountant
• A solicitor or notary
• A teacher or lecturer
• The Post Office

THE PERSON YOU ASK MUST NOT BE:

• Related to you
• Living at the same address
• In a relationship with you

The third party must have seen the original and must write above their signature that the copy is a true replica of the original and (if applicable) that the photograph bears a true likeness. They must print their name, state their capacity, contact details and the date of signature. A company stamp is desirable, but not essential, unless from a solicitor’s or accountancy practice. A solicitor should also print their name and SRA number and phone number.

Once you have decided to which service to go for, we’ll go through our terms of business with you in full and answer any questions you may have. All the owners of the property (or their authorised attorney) will need to sign and date our terms. These can be sent in paper form or electronically, if easier.

If you have a mortgage on the property you are letting, you should obtain consent to the letting from your lender. The lender may require an additional clause in the tenancy agreement and, if this is the case, you must inform us of it.

If you are a leaseholder, you must check the terms of your lease and, if necessary, obtain written consent from your freeholder before letting the property. A copy of the lease should be provided to us in case any additional clauses need to be added to the tenancy agreement. It is also good practice for you to inform us of any restrictions or covenants which you and your new tenant must adhere to. Typically your freeholder will require a copy of the tenancy agreement and contact details of the tenants; this is a service Neilson & Bauer are happy to help with upon your instructions.

The Gas Safety (Installation and Use) Regulations 1998 gives directives in relation to rental properties, including that the landlord is responsible for ensuring that the gas supply to the property and all gas appliances are safe. This is proved by having an annual gas safety check carried out by a registered Gas Safe Engineer. The Gas Safety Certificate must be updated if a new or replacement appliance is installed.

Neilson & Bauer can arrange the Gas Safety Certificate for you, subject to our terms. Previous certificates must be kept for at least two years by the landlord or their agent. Breach of the regulations is a criminal offence as failure to comply could result in loss of life. If you don’t comply, you risk imprisonment or a fine of up to £20,000, or both, for each offence. If the case is referred to the Crown Court, the penalty is imprisonment and/or an unlimited fine. It is also likely that any insurance cover would be invalidated for non-compliance with the regulations.

The electrical safety standards for the private and rented sector in England came into force on 1st June 2020 and applies to all tenancies. The regulation sets out rules to ensure that all fixed and electrical installations are safe and maintained correctly.

All checks are to be carried out by a suitably qualified electrician in accordance with the 18th edition of the wiring regulations. The Electrical Installation Safety Report will test appliances that are ixed directly to the electrical supply, such as showers or fitted kitchen appliances.

Once the tests have been completed, you will be provided with a report, which will need to be supplied to each tenant within 28 days of the report being completed. A copy of the safety certificate must be provided to Neilson & Bauer before the commencement of the tenancy. Neilson & Bauer can take your authorisation to obtain an Electrical Safety Certificate on your behalf. As an ARLA Propertymark letting agent Neilson & Bauer can guide you through this process.

You should provide one set of keys for every adult named on the tenancy agreement before the start date on the tenancy. If Neilson & Bauer are managing your property on your behalf, we will also require a full set of keys, which we will hold securely in our office in case of emergency and for inspections.

If your property is currently rented out, Neilson & Bauer would request all the tenant’s details so we can ensure to provide them with ample notice of any viewings.

Landlords must ensure that a smoke alarm is fitted on each storey of the rented property. Checks must be made by or on behalf of the landlord to make sure that each alarm is in property working order on the day the tenancy begins (if a new tenancy). The tenant then takes over responsibly upon occupation. Carbon monoxide detectors are required in every room where there is solid fuel burning equipment, such as an AGA oven or wood burning stove or coal fire. It is the landlord’s responsibility (or the managing agent’s responsibility) to ensure the alarms are installed, tested and working before the tenancy commences.

The local authority is responsible for enforcement, and the penalty for failure to comply is up to a maximum of £5,000. If needed, the London Fire Brigade can provide further advice. You can find more information at: www.gov.uk/firekills.

Under the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1993), landlords are required to ensure that all furniture and furnishings within their rental property conform to the 1993 amendments. Almost all modern furniture has labels to prove compliance. Please don’t remove them.

If a label is missing, every effort should be made to establish that the item complies, otherwise you could be in breach of this legal requirement. There are some items that don’t apply to this Act, such as carpets and curtains and a few other items. Neilson & Bauer is happy to guide you. Non-compliance is a criminal offence and may result in a fine, imprisonment, or both.

Landlords and agents cannot ask for a higher tenancy deposit for renting with pets, but landlords and agents can charge a higher rent if you plan on having a pet. This must be made clear in the advert so an informed decision can be made. If the higher rent is refused, the landlord or agent does not have to allow a pet with the tenancy.

AN EPC is important and is mandatory for all new lets. Once obtained, they are valid for 10 years. A copy of the EPC must be given to Neilson & Bauer for our records. We can arrange for an EPC to be obtained if you require. Please see our terms. A valid EPC must be given to the tenant on moving in. There is a fixed penalty of £200 for failure to obtain an EPC. Most importantly, you could invalidate a notice under Section 21 of the Housing Act 1988 (S21 notice) if you fail to obtain an EPC and give it to the tenant.

The Health and Safety Executive’s approved code of practice L8 (Legionnaires disease: the control of legionella bacteria in water systems) means that landlords must carry out a legionella risk assessment of their rental property. The Health and Safety Executive Code of Practice states that this is a legal requirement in accordance with the Control of Substances Hazardous to Health Regulations 2002.

Neilson & Bauer can obtain a legionella risk assessment on your behalf, subject to our terms. This assessment should be reviewed annually.

The Immigration Act 2014 states that from 1 February 2016 all landlords and letting agents in England who allow a tenancy are required to make identification (ID) and Right to Rent checks on all adult occupiers. It is compulsory for anyone who rents out private property in England to see and make a copy of evidence that any new adult tenant has the right to rent in the UK on an ongoing basis.

Landlords who fail to carry out these checks correctly could be liable for a fine of up to £3,000 per occupier.

Section 22 of the Immigration Act 2014 (S22) states that a landlord must not authorise an adult to occupy property as their main or only home under a residential tenancy agreement unless the adult is a British citizen, Swiss national, from a European Economic Area or has other proof of a continued right to rent in the UK. Landlords should carry out Right to Rent checks for new tenancy agreements to determine whether tenants have the right to live in the UK legally. An applicant may have a time-limited right to rent if they are from outside the UK or EEA, and this can be proved using correct documentary evidence. The landlord and or agent has a duty to report to the Home Office in the event of expiry of the Right to Rent.

UK rental income is liable to UK tax whether the landlord lives in the UK or not. Neilson & Bauer has to deduct tax when paying the rent to any landlord whose usual place of abode is outside the UK. NRL forms enable individuals or companies to receive their rent without deductions of UK tax. The Inland Revenue’s approval of the application does not mean that the rent is exempt from UK tax and they may request completion of a self-assessment tax return at a later to confirm any tax due.

Neilson & Bauer collects the first month’s rent prior to the tenant moving in. We will also collect the tenant’s security deposit if you require us to register it with the Tenancy Deposit Scheme (TDS) on your behalf.

We deduct our fees from the rent received. Any remaining funds will be forwarded to you by electronic transfer, and a statement of account will be provided by email.

If you instruct Neilson & Bauer to manage your rental property or portfolio, we will demand and collect rent from the tenants monthly by standing order. We can also offer rent and legal protection insurance, covering you for rental arrears and legal costs should the need arise to repossess your property.

The Client Money Protection (CMP) Scheme is a compensation scheme run by Propertymark (formerly the National Federation of Property Professionals), which provides compensation to landlords, tenants and other clients should an agent misappropriate their rent, deposit or other client funds.