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Page 1: Your welcome pack - Sutton · 2015-05-22 · Page 1 of 27 Your welcome pack This pack explains • The benefits of letting through Sutton Council • Your rights and responsibilities

Page 1 of 27

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

Agenda Item 5Page 25

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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

Agenda Item 5 Page 26

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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

Email

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

Agenda Item 5Page 41

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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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aaaa

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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