FAQs

Frequently Asked Questions

What condition should my property be in for the let?

The property should be clean and tidy throughout including carpets, all appliances/fixtures in good working condition, the gardens in tidy order and walls painted where necessary. If you are unsure of the requirements prior to letting the property, please do contact the Kivells office for a no obligation rental appraisal, where we can best advise you.

Do I need a Tenancy Agreement?

A Tenancy Agreement will be required between Landlord and Tenant, which sets out both parties contractual responsibilities. Kivells will prepare the relevant Tenancy Agreement - most likely an Assured Shorthold Tenancy (otherwise known as an AST) - under the provisions of the 1988 Housing Act (as amended). These tenancies are for a minimum of six months but the term is flexible and can be for a longer fixed period, if required.

Do I need an inventory?

An inventory is a comprehensive schedule of condition for a rental property, it details the condition of the entire property, appliances, furnishings and exterior condition. This document is strongly recommended, as this would be used as evidence of condition should there be a deposit dispute at the end of the tenancy. Without a signed inventory as evidence, it is highly unlikely you would be successful in a deposit claim.

Can I include land?

You can include up to 2 acres (excluding gardens, driveways etc) of land within an AST. Any further land would need to be under a separate Agreement, most likely a Licence or Farm Business Tenancy.

What if I have a mortgage?

You should advise your lender you are letting the property, otherwise you may invalidate the terms of your mortgage agreement. You should also advise your Insurer that you are letting the property, as this will affect your policy for the building and contents.

What is I jointly own the property?

If you jointly own the property, we will need to verify the identity of all owners and all of the owners should be named on the AST and accompanying documents.

What happens if I need to service my Tenant notice?

At present, landlords are required to serve a minimum of two months’ notice, using a Section 21 (Form 6A) or a Section 8 Notice. Kivells can serve this on the landlords behalf, for managed tenancies, where required. There are special procedures available if a Tenant fails to vacate the property.

What are the Income Tax Implications?

Any income received from letting a property is liable to Income Tax. There are certain allowances made to reduce taxable income and we recommend you consult with your accountant or tax specialist for further advice.

I currently live overseas

If you are a non-resident Landlord (currently defined as being Landlords who live abroad for a period of more than six months per annum), there are special rules to consider. We recommend you take advice from your accountant or tax specialist relating to this matter. Managing Agents have a responsibility to consider this and deduct tax as required by HMRC.

My property is Leasehold

It is possible to let a leasehold property, although reference must be made to the Head Lease to ensure the terms allow subletting and the Tenant is made aware of any restriction or covenants contained within the Head Lease. It is recommended that the Landlord within the Head Lease is also notified of a let commencing.

Who are RICS and ARLA?

Kivells are regulated by the Royal Institution of Chartered Surveyors (RICS) and the Association of Residential Lettings (ARLA) who are recognised bodies for trustworthy professionalism. These bodies provide a code of conduct and practice for dealing with clients’ money, Professional Indemnity Insurance, complaints and disciplinary procedures.

How is a deposit dealt with?

Tenants will be required to pay a deposit prior to a let commencing, and this is administered in accordance with a Government approved deposit scheme where, for the avoidance of doubt, no interest is paid on deposits held. You, as a Landlord, will have the option of holding deposits in your own approved scheme, if so desired (if you do not have an inventory you will need to consider whether a deposit is required.)

What about the gardens?

Our Tenancy Agreements require the tenants to keep the gardens in good seasonal order throughout and at the end of their tenancy. Whilst your Tenant will be expected to keep the gardens tidy, it is not expected that they would undertake major works. Therefore, with regards to trimming of larger trees, shrubs and hedges, Landlords would need to make their own arrangements.

What about pets?

Within our Tenancy Agreements pets are not permitted, unless otherwise agreed and stated. Unfortunately, due to the tenant fee ban (2019) we are no longer permitted to take larger deposits to account for pets.

Can I let my property furnished?

Kivells are happy to assist you whether your property is furnished or unfurnished. Generally, we tend to find unfurnished properties are more sought after, as most tenants have already got a collection of their own furniture. Allowing a tenant to bring their own furniture also allows them to make it their own home and we often find unfurnished properties will have longer term lets. However, this isn’t to say letting your property furnished isn’t possible, there are many potential tenants looking for furnished lets for work placement, a first time home or house hunting.

Should Mail be redirected?

Landlords, or previous Tenants, must ensure Royal Mail is instructed to redirect the post. Kivells will not assume responsibility for forwarding post.

What about keys?

At least two sets of keys should be made available to Kivells for onward transmission to the Tenant and if you opt for Kivells to fully manage the property, we would retain one further set of keys in our office.

What about telephone and internet?

The tenants would choose their own provider and have their own account for this. We will ask you who the existing provider is within our property information questionnaire.

How do I Deal with Utility Companies?

Within our Full Management service, we will notify utility companies and local authorities of change of occupation and provide meter readings as necessary, otherwise you will need to contact them yourself.

Do I need an EPC?

It is a requirement that you provide an Energy Performance Certificate (EPC) for the property to be let. The current minimum energy efficiency standards require any rental property to meet a minimum ‘E’ rating. Kivells can organise an EPC, if requested by the Landlord.

What is a Legionnaires Risk Assessment and do I need one?

A legionnaires Risk Assessment assesses the risk of Legionnaires disease in a water system. The assessor would check; the temperature of the water coming from the taps is adequate, for dead leg pipework (disused lengths of pipework) and the property’s loft water header tank (if applicable). This is an annual/bi annual certificate, depending on the system, and is required for rental properties by HSE. The assessment is only required to be completed by a ‘competent person’, so this can be completed by yourself, or Kivells can arrange this on your behalf.

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