David Lee Sales & Lettings Brochure September 2013 | Página 6

drafting of tenancy agreement

let
legal duty of care

Under common law, the landlord must ensure that properties to let are safe
and failure to comply with safety legislation is considered a criminal offence
resulting in legal action and prosecution.
As your managing agent, we can carry out safety checks upon your request,
deducting the cost from your rent.

assured shorthold
tenancy (AST)
This tenancy is attractive to landlords as it offers
market rents without security of tenure beyond the
contractual term and the majority of tenancies are
based on this format. However, certain criteria must
first be met:
a) The tenant must be an individual
b) The property must be the tenant’s main
residence/home
c) The rent cannot exceed £100,000 per annum
d) The landlord must not occupy the same property
If the property is let under an Assured Shorthold
Tenancy, the landlord can issue a Section 21 Notice
to guarantee possession provided the term of the
Shorthold is expired and not less than two months
notice has been given by the landlord stating he/she
requires possession.
If court action is needed, this can be obtained on
a number of different grounds against the tenant
(this rarely happens).
However, it should be noted that it is a criminal
offence under the Protection from Evictions
Act 1977 for a landlord to threaten or
forcibly evict a tenant from their property.

letting agents

company tenancy
/non housing act
tenancy

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damage deposits
David Lee take from the tenant, the equivalent to one
and a half months rent and this is then transferred
to The Deposit Protection Service (DPS) a protected
Client Account until the end of the tenancy. By law
this is protected by a government approved body
and certificates will be provided once the tenant has
occupied the property. For more information visit
www.depositprotection.com Upon vacation of your
property, a check-out will need to be organised and
any refunds will be made within a maximum of 14
days, provided that there
are no disputes and all
utility accounts have been
settled.
The costs of everyday
repairs and maintenance
are the responsibility of
the landlord but, if we are
instructed to manage your
property on your behalf, we
will pay the contractor out
of the tenant’s rent. We can also organise quotes for
approval on any major repair when necessary.
Under the LANDLORD AND TENANT ACT 1985,
landlords are responsible for repair of the structure
and exterior of the property, together with installations
for the supply of gas, electricity, water and sanitation.
If the property is not in a good state of repair at the
commencement of the tenancy, the tenant has the
right to insist that repairs are carried out and, in the
event that the damage is serious, the tenant will be
entitled to consider the letting as terminated as the
landlord will be in breach of their obligations.

collection of rent

This is governed by contract law and is not regulat ed
by the Housing Acts of 1988, 1996 or 2004.

This is usually done on a calendar monthly
basis and is forwarded to the landlord via any
previously approved method after any agreed
deductions have been made for contractors etc.

It is used when any of the point’s a-d are not relevant to
the tenancy and they want to enter into an agreement.
There is no security of tenure and rental payments are
often made on a quarterly basis by prior agreement.

Payments by David Lee Lettings will be processed
within 7 days of receipt of rent and will be forwarded
by BACS payments. Full statements and copy invoices
if required will be provided on a monthly basis.

furniture and
furnishings
The Furniture and Furnishings (Fire Safety) Regulations
1988 (amended 1989 & 1993) - Soft furnishings (such
as mattresses, settees, bed bases, cushions and padded
headboards) must meet fire resistance standards and
bear a permanent label confirming this. If compliance
cannot be proved, the item must be removed and
replaced.

gas

smoke detectors
Whilst only properties built after 1992 legally require
the fitting of smoke detectors (Building Regulation
1991), we would strongly recommend that smoke
detectors are fitted to each floor of the property being let.

energy
performance
certificate (EPC)
It is now a legal requirement that all properties marketed
for let will need an Energy Performance Certificate.
This is government legislation that has been put in place
to make landlords and tenants more energy conscious.
Your EPC will be held on file and can be inspected by
prospective tenants if required, if you don’t already have
a valid EPC, David Lee will happily arrange this on your
behalf.
The above is only a guide to the legal safety requirements
and should you have any further enquiries, we would
recommend that you contact a qualified solicitor who will
be able to verify these in full.

The Gas Safety (Installation & Use) Regulations 1994
(amended 1998) – the landlord must maintain gas
installations and all gas appliances through annual
inspections and safety checks carried out by a GAS SAFE
registered engineer and a copy of the current inspection
certificate must be left at the property.
NB: The penalty for failure to comply with
statutory safety legislation is currently a
maximum of £5,000 and /or 6 months
imprisonment for each offence. This can be
harsher in the case of injury or fatality.

electricity
The Electrical Equipment (Safety) Regulations 1994
& Electricity at Works Regulations 1989 - the landlord
must ensure that all mains voltage household electrical
appliances and equipment is tested and safe to use. Any
non-repairable items must be replaced and removed.
An NICEIC or similarly qualified electrical engineer must
carry out these tests on an annual basis and we would
also recommend this is done upon change of tenancy.
All operating instructions must be
left in the property for the tenant’s
benefit.

letting agents

The Housing Act 1988 (amended 1996 & 2004) outlines several
types of tenancy: Assured Shorthold Tenancy, Company Tenancy and
Contractual Tenancy.

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