your welcome pack - sutton · 2015-05-22 · page 1 of 27 your welcome pack this pack explains •...
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Your welcome pack
This pack explains
• The benefits of letting through Sutton Council
• Your rights and responsibilities as a landlord
• Who to contact if you have any questions
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Table of contents
Page
1. Welcome 3
2. Our service 4
3. Eligibility criteria 6
4. Your rights and responsibilities 9
5. Support for landlords 12
6. Contact details 15
7. Useful forms 17
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1. Welcome
Thank you for choosing to let your property through Sutton Council.
We offer a competitive range of benefits including direct payment of rent to
landlords, a choice of tenants and a dedicated member of staff to handle
any enquiries you might have during your letting. Most importantly, our service
is completely free of charge to landlords.
This welcome pack sets out the high-quality service we will provide, and your
rights and responsibilities as a landlord.
If you have any questions, please don’t hesitate to get in touch. You can find
out how to contact us on page 15.
Once again, thank you for choosing to let with us.
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2. Our service
Here are the benefits you’ll enjoy as a member of our scheme.
Benefits
ü Direct payment of rent
We know your most important concern as a landlord is collecting the
rent each month. You can be certain that you’ll receive your rent in full
and on time because we pay it directly to you from housing benefit.
No more chasing tenants for late payments or arrears.
ü Cash incentive
We offer a cash incentive, payable immediately upon sign-up. This
incentive doesn’t have to be spent on the property; it’s your money
and you can do whatever you want with it. The longer you’re willing to
commit for, the larger your incentive will be.
ü Choice of tenants
It’s important that you feel completely comfortable with your new letting
arrangement, so we provide you with a choice of tenants. You will have
the opportunity to meet each potential tenant before making any
commitment, and the decision to accept or reject them is entirely down
to you.
ü Deposit guarantee
In the unlikely event that a tenant causes damage to the property, we
will cover the cost of repairs. This guarantee also means you don’t
have to worry about storing a deposit in a government recognised
protection scheme, saving you time and money.
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ü One point of contact
We know how frustrating it can be spending endless time on the phone
trying to get hold of the right person. That’s why we provide a
dedicated member of staff, who will take care of you for the duration
of your letting.
ü Free legal advice
Housing law can be complex and confusing. Your dedicated member of
staff will also be able to assist with any housing law enquiries you
have, completely free of charge.
ü Annual Private Landlords Forum
We run an annual open evening for our landlords, where you can
access free advice and information about landlord and property
matters. Previous topics have included buy-to-let mortgages, fire-risk
assessments and property grants.
ü No fees
Best of all, there are no fees, hidden or otherwise. You get to keep
every penny you make from the letting.
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3. Eligibility criteria
To keep things running smoothly, it’s vital that you’re happy with the tenant,
and the tenant is happy with you and the standard of the property. This
section sets out what we expect of both parties.
Tenant criteria
You will have the opportunity to meet any potential tenant before making a
commitment, and the final decision on whether to accept or reject them is
entirely down to you.
Here are a couple of our former clients, so you can get a feel for the type of
people we work with:
Insert photo and quote from Mark & his landlord
Mark, Natalie and Sophie
Mark and Natalie bought a property shortly after getting married in 2005. Their daughter Sophie was born in 2007. When Sophie was
3 years old, Mark was made redundant due to the recession. They struggled to keep up with their mortgage payments and were evicted by
an unsympathetic lender. Mark is now working again and we matched them to a
private landlord. The landlord has just renewed the tenancy for a second year.
Rachel Rachel’s parents passed away when she was a young child. She was taken into the care system until the age of 18. We matched Rachel with a landlord and she has been living happily in a 1-bedroom flat for the past 18 months with no problems.
Insert photo and quote from Rachel and her landlord
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Landlord & property criteria
Landlord standards
It might sound obvious but we’ll need to check you own the property and have
permission from your mortgage lender to take on a tenant.
Once we’ve done that, we need to establish that you’re a fit and proper
person. You may not be considered fit and proper if:
- You have been convicted of a crime involving fraud, violence or a
sexual offence;
- You have practised discrimination during the operation of your
business; or
- You have previously breached landlord and tenant law.
Finally, you will be asked to sign a form, confirming that you are a fit and
proper person.
Property standards
We don’t want to make life difficult for you, we just want to ensure the property
is safe and secure for tenants
We follow the government’s guidance on property standards. In the majority of
cases, properties already exceed these standards upon joining the scheme
However, your property may not meet these standards if:
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- It’s not in reasonable physical condition;
- The electrical equipment supplied doesn’t comply with the relevant
safety regulations;
- You haven’t taken reasonable precautions against fire and carbon
monoxide poisoning; or
- You haven’t obtained an energy performance certificate or gas safety
record.
If you have any questions about the property standards, your dedicated
member of staff will be more than happy to answer them.
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4. Your rights and responsibilities
The relationship between a landlord and a tenant is a legal relationship, and
as a landlord you have certain rights and responsibilities.
PLEASE NOTE – This information is included for guidance only.
Housing legislation is complex and changes frequently. You should
contact us for further advice before taking any action. Your dedicated
member of staff will be able to provide further support.
Keeping the property in a good standard of repair
If you want to know whether you are responsible for a repair then the first port
of call should be the tenancy agreement.
If the tenancy agreement states that you are responsible for a particular item
then you must fix it.
However, you may still be responsible for an item, even if it’s not included in
the agreement.
You are responsible for the following items, regardless of what the tenancy
agreement says:
• The structure and exterior (including drains, gutters and external
pipes);
• Installations for the supply of water, gas, electricity and sanitation
(including basins, sinks and baths); and
• Installations for space and water heating.
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However, you are not required to carry out any of these repairs until the
tenant has notified you of a problem.
Once you have been notified then you should carry out repairs within a
reasonable period of time.
Bringing a tenancy to an end
We try to ensure the relationship between landlord and tenant is as smooth as
possible. We provide you with a choice of tenants so that you feel completely
comfortable with your new letting arrangement.
If for whatever reason you are experiencing issues then we urge you to
contact your dedicated member of staff as soon as possible, and they will try
to resolve the problem.
Useful tips
Lastly, these are some useful tips to ensure the tenancy runs smoothly.
There’s no obligation for you to take any of these recommendations on board,
but in our experience they help prevent any potentially nasty bumps in the
road.
Stay in touch
A good line of communication with your tenant will encourage them to raise
any issues with you as soon as they arise, and prevent minor problems from
snowballing into bigger ones.
Keep the rent account up-to-date
It’s much easier to get on top of late rental payments or arrears if you’re
managing the rent account in a timely manner.
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Check in every quarter or six-months
A visit to the property every quarter or six-months should prevent any nasty
surprises at the end of the tenancy. However, you will have to gain permission
from the tenant first.
Get insured
Many insurers offer special products for landlords covering both buildings and
contents. These policies also tend to cover any legal fees or home emergency
expenses, such as the boiler breaking down unexpectedly.
Consider accreditation
You’re not required to get accreditation but there are many benefits; the
process will teach you a lot about landlord and tenant law and you’ll be more
attractive to tenants. We recommend you use the UK Landlord Accreditation
Partnership.
Name Jessica Alomankeh
Phone 020 7974 1970
Email [email protected]
Address
UKLAP C/o Environmental Health Team Town Hall Extension Argyle Street London WC1H 8EQ
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5. Support for landlords
If you need support then you should feel free to contact your named member
of staff. However, there are other organisations landlords can turn to for
support; we work closely with three landlord associations.
Joining a landlord association is like joining a union; you pay a yearly
membership fee and in return you get access to advice and information.
Landlord associations also lobby the government on behalf of landlords.
Landlord associations
Phone 020 7840 8900
Email [email protected]
Website http://www.landlords.org.uk/
Address
National Landlords Association 22-26 Albert Embankment London SE1 7TJ
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Phone 0161 962 0010
Email [email protected]
Website http://www.rla.org.uk/
Address
Residential Landlords Association Ltd 1 Roebuck Lane Sale Manchester M33 7SY
Phone 0845 475 35 83
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Email [email protected]
Website http://www.southernlandlords.org/
Address
The Business Centre, 17a Priory Road, Tonbridge, TN9 2AQ
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6. Contact details
This section contains all the contact details you’ll need for the duration of your
letting.
Your named officer
Name
Phone
Address
Hours of work
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Comments, Complaints and Compliments
If you want to make a complaint, the first step is to speak to your named
member of staff. If you’re not satisfied with their response then you should
contact the Complaints Manager.
Phone 020 8770 4946
Address
Complaints Manager (Adult Housing Services) Civic Offices St Nicholas Way Sutton SM1 1EA
You will receive a reply within 10 working days.
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7. Useful forms
Page
1. Tenancy Agreement 15
2. Inventory 21
3. Property inspection form 23
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Tenancy Agreement For letting unfurnished dwelling house at
(Landlord)
And
(Tenant)
On an assured shorthold tenancy
Rent £
Dated
_____________________________________________________________________
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TENANCY AGREEMENT
For letting an unfurnished / furnished dwelling house on an assured shorthold tenancy
under Part 1 of the Housing Act 1988
DATE 26.2.2013 PARTIES 1. THE Landlord - XXXXXX
2. THE Tenant - XXXXX
PROPERTY the Dwelling-house at XXXXXXXX
TERM A fixed term of months
From XXXXX
RENT £ per month
PAYABLE by equal monthly payments each month
FIRST PAYMENT XXXXXX
1. THE Landlord lets the property to the Tenant for the Term at the Rent payable as set
out above
2. THIS Agreement creates an assured shorthold tenancy within Part 1 Chapter11 of the
Housing Act 1988. This means that when the Term expires the Landlord can recover
possession as set out in section 21 of that Act unless the Landlord gives the Tenant a
notice under paragraph 2 of Schedule 2A to that Act stating that the tenancy is no
longer an assures shorthold tenancy
3. IF the Property burns down or the Tenant cannot live in it because of fire damage, the
Rent will cease to be payable until the Property is rebuilt or repaired so that the
Tenant can live there again. Any dispute about whether this clause applies must be
submitted to arbitration under Part 1 of the Arbitration Act 1996 if both parties agree
to that in writing after the dispute has arisen
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4. THE Tenant agrees with the landlord-
(1) To pay the Rent as set out above (a) To pay any council tax which the Tenant is obliged to pay under the
Local Government Finance Act 1992 or any regulations under that
Act.
(b) To pay to the Landlord the amount of any council tax which, while
the tenancy continues, the Landlord becomes obliged to pay under
that Act or those regulations for any part of the period of the tenancy
because the Tenant ceases to live at the Property
(c) To pay all other charges of any kind which are now or later come to
be charged to the occupier of the Property as such by any body
acting under statutory authority in making such a charge.
(2) To pay for all gas, electricity, water and sewerage services supplied to the property during the tenancy and to pay all charges for the use of any telephone
at the Property during the tenancy. Where necessary, the sums demanded by
the service provider will be apportioned according to the duration of the
tenancy. The sums covered by this clause include standing charges or other
similar charges and as VAT as well as charges for actual consumption.
(3) Subject to clause 7 overleaf, to keep the drains, gutters and pipes of the Property clear. This means that if the tenancy is of a dwelling-house for a term
of less than seven years and section 11 of the Landlord and Tenant Act 1985
(referred to in clause 7 below) applies, the landlord has to do any clearance
work required in order to keep the drains, gutters and pipes in repair, but does
not have to do small jobs which a reasonable tenant would do.
(4) To keep the interior of the Property, the internal decorations and the fixtures, fittings and appliances in the Property in good repair and condition (except for
damage caused by accidental fire and except for anything which the Landlord
is liable to repair under this Agreement or by law). This clause does not
oblige the Tenant to put the Property into better repair than it was at the
beginning of the tenancy
(5) To allow the Landlord or anyone with the Landlord’s written authority to enter the Property at reasonable times of the day to inspect its condition and state of
repair, if the Landlord has given 24 hours’ written notice beforehand.
(6) To use the Property as a private dwelling house only. This means the Tenant
must not carry on any profession, trade or business at the Property and must
not allow anyone else to do so.
(7) Not to alter or add to the Property or do or allow anyone else to do anything on the Property which the Tenant might reasonably foresee would increase the
risk of fire.
(8) Not to do or allow anyone else to do anything on the property which may be a
nuisance to or cause damage or annoyance to the tenants or occupiers of any
adjoining premises
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(9) To give the Landlord a copy of any notice given under the party wall etc. Act
1996 within seven days of receiving it and not to do anything as a result of the
notice unless required to do so by the Landlord.
(10) At the end of the term or earlier if the Tenancy comes to an end more quickly
to deliver the Property up to the Landlord in the condition it should be in if the
Tenant has performed the Tenant’s obligations under this agreement.
(11) During the last twenty-eight days of the Tenancy to allow the Landlord or the
Landlord’s agents to enter and view the Property with prospective tenants at
reasonable times of the day, if the Landlord has given 24 hour’s written notice
beforehand.
5. IF the Tenant -
(1) is at least fourteen days late in paying the rent or any part of it, whether or not the rent has been formally demanded, or
(2) Has broken any of the terms of this agreement
Then, subject to any statutory provisions, the Landlord may recover possession of
the Property and the tenancy will come to an end. Any other rights or remedies
the Landlord may have will remain in force
(Note: The Landlord cannot recover possession without an order of the court under
the Housing Act 1988. Except in certain cases set out in the Act of substantial arrears
of rent, the court has the discretion whether or not to make an order and is likely to
take account of whether unpaid rent has later been paid or a breach of the terms of the
tenancy has been made good)
(Note: This clause does not affect the Tenant’s rights under the Protection from
Eviction Act 1977.)
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6. THE Landlord agrees with the Tenant that the Tenant has the right to possess and enjoy the Property during the tenancy without any interruption from the Landlord or
any person claiming through or in trust for the Landlord. But:
(1) This clause does not limit any of the rights under this agreement which the
Tenant has agreed to allow the Landlord to exercise;
(2) this clause does not prevent the Landlord from taking lawful steps to enforce
his rights against the Tenant if the Tenant breaks any of the terms of this
agreement.
7. IF section 11 of the Landlord and Tenant Act 1985 applies to the Tenancy, the Tenants obligations are subject to the effect of that section
(Note: As a general rule, section 11applies to tenancies of a dwelling –house for a
term of less than seven years. It requires the landlord to keep in repair the structure
and exterior of the dwelling-house including drains, gutters and external pipes; and to
keep in repair and proper working order the installations for the supply of water, gas
and electricity, for sanitation (including basins, sinks, baths and sanitary
conveniences) and for space heating and hot water. The Landlord is not obliged to
repair until the tenant has given notice of the defect, and the tenant is obliged to take
proper care of the property and to do small jobs which a reasonable tenant would do.)
8. WHERE the context permits--------
(1) “The Landlord” includes the successors to the original landlord (2) “The Tenant” includes the successors to the original tenant (3) “The Property” includes any part of the property
NOTICE OF THE LANDLORD’S ADDRESS:
The landlord notifies the Tenant that the Tenant may serve notices (including
notices of proceedings) on the Landlord at the following address:
(Resident Landlords is applicable)
(This notice is given under section 48 of the Landlord and Tenant Act 1987. The
address must be in England or Wales)
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AS WITNESS the hands of the parties on the date specified above
SIGNED by the above-named
(the Landlord)
SIGNED by the above named
(the Tenant)
SIGNED by the above named
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aaaa
London Borough of Sutton
INVENTORY & SCHEDULE OF CONDITION 1. Details
Property Address
House Bungalow Flat (Grnd Fl/1st Fl etc)
No of Bedrooms No of Bathrooms No of Living Rooms
Declaration I confirm that the contents of this inventory & schedule of condition reflects the true condition of this property and its contents. Signed by tenant Date
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Kitchen Condition/contents – Decoration Fixtures . Living Room Condition/contents Decoration – Fixtures Hall and Stairs Condition/Contents – Decoration – Fixtures Bathroom Condition/contents – Decoration – Fixtures Bedroom one condition/contents - Decoration – Fixtures Bedroom two condition/contents - Decoration – Fixtures I confirm that the contents of this inventory reflects the true condition of this property and its contents. Signed by LBS Date
Signed by Landlord Date
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LONDON BOROUGH OF SUTTON PROPERTY INSPECTION FORM Date of inspection: ____________________________ Property Address: __________________________________________________________________________
Landlord/Agent:____________________________________________________________________________
Landlord/Agent Address: ____________________________________________________________________
Phone:______________________________________ Email: ________________________________________
Access: KEYS PROVIDED___________________ VIA LANDLORD_________________
Proposed Term: _______ years and____ Months
Contractual Rent: £__________weekly. Council Tax band _________ LHA : £__________weekly. Flat – Conversion / Purpose Built / Floor________ / In block of____Flats House – Detached / Semi Detached / Terraced Lifted: _________ External Stairs: _________ Internal Stairs:__________ Garden: Yes / No / Communal / Shared Driveway: n/a / Shared Drive / Own Drive / Own Garage / Own Park Space / Residents Parking No. of Bedrooms: 1 2 3 4 5 or _______ Number of Reception Rooms: 1 2 through Lounge: Yes / No Window Glazing: Single Glazed / Double Glazed / Part Double Glazed Window Type: Wooden / Aluminium / UPVC Window Restrictors: Yes / No Furnished – Furniture Condition: Fair / Good / Excellent Kitchen Fittings: Old / Modern / New Bathroom on: Ground Floor / First Floor / Bathroom on Each Floor Bathroom Fittings: Old / Modern / New No of Toilets: 1 / 2 / 3 Heating Type: ______________________________
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Location of main water stopcock: ______________________________________________
Location of Boiler:___________________________________________________________
Smoke Alarm: ____________________________________________ Location of Carbon Monoxide detector__________________________________________ Central Heating: Gas Central Heating / Economy 7 Electric Heating Location of Gas Meter: ________________________________________________________ Location of Electric Meter: _____________________________________ Landlord Check – Y/N __________ Completed Self Check Form attached Y/N _________ EPC Rating A B C D E F G ___________ Gas Safety Expiry Date ___________ DOCUMENTS ATTACHED (If applicable) Ownership Y/N ______ Gas Safety Certificate Y/ N ______ EPC Y/ N ________ Other Docs
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