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If you are new to the property game, it's probably best not to. It's time-consuming, stressful and you lose money while the property is not being let out.
If you are experienced, have the time and can afford to do without the incoming rent, then it could be worth your while. Always remember to double the amount you think you'll spend because unforeseen costs almost always emerge.
Find more landlord, tenancy agreement and buy-to-let information.
Your tenant can give notice to end their tenancy agreement provided they can find an acceptable replacement tenant for you. If they can't find a replacement tenant, they will be responsible for the rent until the end of the tenancy agreement, even if they have physically left the buy-to-let property.
In any case, your tenant cannot end the tenancy agreement during the first three months of their tenancy.
Assured shorthold tenants have the right to refer rent matters to the Rent Assessment Committee. In England and Wales, however, any referral must be made within the first six months of the tenancy. In Scotland, it can be made at any time during the period of the tenancy.
The Rent Assessment Committee can only consider the application if there is a sufficient number of similar dwelling houses in the area, and will only reduce your rent if it considers it to be significantly higher than might reasonably be expected, compared to rent paid under similar tenancies in the locality.
Once a rent has been determined by a Rent Assessment Committee, you, as a landlord, cannot serve a notice of increase on your tenants until more than 12 months have expired since the date of determination.
Repairs
Your tenants must use the property in a 'tenant-like manner', which means that they will be responsible for any repairs that are their own fault, even if they would otherwise fall to be paid for by the landlord.
Generally, the tenants are responsible for the condition of the interior of the property, but you, as landlord, can restrict your tenants in the tenancy agreement from doing any redecoration.
Your tenants must pay for anything that is broken or damaged in your buy-to-let property during the tenancy and you, as landlord, can deduct the cost from the tenancy damage deposit that is taken at the start of a tenancy agreement.
Outgoings
A landlord will not normally want to be stuck with paying a tenant’s bills, so tenancy agreements provide for the tenants to pay them. But if there are a number of different tenants coming and going on individual tenancy agreements, the utility accounts may have to be in the landlord's name.
If there are any accounts that the landlord will pay (e.g. some landlords pay the water rates), then the tenancy agreement should be altered to show this.
Use of the property
Your tenants must use the rented property solely for residential purposes; otherwise you, as landlord, may be placed in breach of planning regulations.
You, as landlord, will also want to prevent the tenant from letting anyone else live at the property, as you will only want tenants whom you have checked and approved.
Access for the landlord
This is important, as you will need to visit and inspect the rented property from time to time, to ensure that the buy-to-let property is in good condition, and to do any landlord repairs and gas safety checks.
You, as landlord, will retain your keys to the rented property, but you should never use these to gain access to the rented property without the tenant’s consent, except in an emergency.
If you rent out a room in your house to a lodger and you are an owner-occupier, or a tenant who is sub-letting, the first £4,250 of any income is tax free, i.e. a rent of £81.73 per week is tax free.
This means that you have in your own house access to over £4,000 income tax-free every year!
If the rent is higher than £4,250, you either elect to pay tax on the surplus above £4,250 (without relief for expenses) or you can treat the arrangement as being a furnished letting and prepare accounts.
This relief is available whether you rent out just one room to a lodger or you run a bed & breakfast business from your house.
If you let out holiday accommodation, the definition of furnished holiday lettings is as follows:
The income is treated as earned income (a trade) attracting Capital Gains Tax rollover relief and business asset taper relief.
Tax-saving ideas worth thinking about...
However, don't buy the accommodation with a substantial mortgage because HM Revenue & Customs may regard your motives as not being commercial and don't forget about the VAT consequences if you are VAT-registered.
If you receive income from furnished property letting, it's taxed under the property income rules.
If you provide laundry, meals, domestic help, etc. for your tenants, then you may be able to claim that you are running a self-employed business - as you usually can if you are providing holiday lettings (see below).
The advantage of running your property enterprise as a trading business means that there are usually more expenses you can claim against Income Tax and, in addition, you may be able to claim entrepreneurs' relief for Capital Gains Tax and business property relief for Inheritance Tax purposes. Although this does depend to a large extent on the amount of services you are providing.
Here are five hints:
If you're a landlord who wants to evict your tenant, you must take steps to serve the proper form of eviction notice.
In England & Wales you will have to evict your tenant using either a Section 8 Notice, which should be used after the tenant is in rent arrears of more than eight weeks/two months (depending if the rent is paid weekly or monthly), or a Section 21 Notice (which can only be used if the fixed term has ended).
The Section 8 Notice has a notice period of not less than two weeks, and a Section 21 Notice has a notice period of not less than two months and it must not end before the end of the fixed term. In many cases, you can use both eviction notices.
In Scotland, you must use a Section 33 Notice and Notice to Quit (Notice to Terminate for a Short Assured Tenancy) which must be sent to the Tenant at least two months before the end of the tenancy.
If you're worried about a prospective tenant's ability to pay the rent, it's wise to take a guarantee from a third party. For example, guarantees are often taken from parents of students when they sign tenancy agreements. However, you should take up references and do credit checks on guarantors, as you would on a tenant; it's no good having a guarantor who is as impecunious as a tenant.
It's unwise to allow the tenant to take the tenancy agreement away to get the guarantor to sign it; it has not been unknown for tenants to forge guarantors' signatures in these circumstances. If the guarantor doesn't sign the agreement in front of you, make sure that the signature is witnessed by someone you can trust, who can vouch for their identity.
In order to create a proper Short Assured Tenancy, you must complete an AT5 Notice of a Short Assured Tenancy which must be used with a Short Assured Tenancy Agreement.
The completed AT5 Notice must be given to the tenant(s) before the agreement is signed and dated. It can be given at any time before the agreement is entered into. But you must be able to prove that it was given to the tenant before s/he signed the agreement, so it's wise to give notice at least one day in advance.
The legal form AT5 Notice is provided free of charge with Lawpack's Short Assured Tenancy Agreement download.
Find more landlord, tenancy agreement and buy-to-let information.
In England and Wales, strictly speaking, there is no need to have signatures witnessed if the tenancy agreement is for a term of less than three years.
But it may be a good idea to have any guarantor's signature witnessed, particularly if the guarantor does not sign the tenancy agreement in front of you.
The witness can be the same person for all three signatures on the tenancy agreement.
In Scotland, it's recommended that the tenancy is witnessed, as it then becomes self-proving.
If you have a mortgage or are going to let a leasehold flat, you need to check to see if you need to obtain permission from your mortgage company or your landlord before letting.
If you don't get permission from your mortgage lender, this could have serious consequences, including the lender or landlord taking possession proceedings against you.
Your mortgage company may impose conditions for letting; needless to say, you should be careful to comply with these.
Find out all you need to know about tenancy agreements and your landlord's rights and responsibilities with our Residential Lettings Guide.
To increase your chances of finding a tenant and letting your property you can try these ideas (in this order):
Reduce the rent
If you can't let your property at the price you want, then try reducing the rent - even as little as £2 per week less can make a difference.
Be less picky
For example, if you've asked for non-smokers, then consider smokers. A local cleaning company may be able get rid of the smell quite easily.
Put furniture in the property
This will be expensive and is no guarantee that the place will attract tenants. Consider this if you are getting calls rejecting the property because it's unfurnished.
Consider selling it
This is a drastic step, because most properties in the UK are lettable - it's just the rent you are asking for that might put off possible tenants. However, if you are experiencing trouble letting it, think about getting out! You could sell it and buy something else.
You can also...
As a landlord you have a number of unavoidable obligations under the law towards your tenants. Here are the main landlord responsibilities.
Repairing covenants
Under the Landlord and Tenant Act 1985, the landlord must look after the structure and exterior of the rented property, and the installations for the supply of services (gas, electricity, water, sanitation and heating). You'll find this in the Assured Shorthold Tenancy agreement for England and Wales and in the Short Assured Tenancy agreement for Scotland. The landlord should also look after the roof of the rented property, the drains, gutters and the garden, if there is one.
Gas safety
Under the Gas Safety Regulations a landlord must have the gas equipment at a property inspected every year by a Council for Registered Gas Installers (CORGI)-registered plumber and give the certificate to the tenant. Landlords should check the current regulations with their local health and safety executive, who enforces them.
Furniture, electrical equipment and general product regulations
These regulations require a rented property's furniture to be fire-resistant, and all electrical equipment and other items in the rented property to be safe. You can get further information from your local trading standards office.
Covenant of quiet enjoyment
This is part of all tenancies and it means the tenant should be able to live without interference. The landlord can't enter the rented property without the tenant's consent (except in an emergency), should keep the rented property in a proper condition, and should not do anything (or allow anyone else to do anything) which would affect the tenant's rights, for example, stopping services to 'persuade' the tenant to leave.
A landlord who lets a number of separate flats in a property has a duty to his other tenants because of the covenant of quiet enjoyment. For example, if one tenant is a nuisance, the other tenants will look to the landlord to solve the problem, and if necessary evict the tenant who is causing disruption.
Insurance
The landlord has an obligation to insure the rented property and its contents (but the tenants are responsible for insuring their own possessions). The landlord should be certain their insurance policy is suitable for rented property - his normal household insurance generally will not be. Check the terms of the policy carefully, as some policies exclude cover for lettings to some types of tenant.
The agreements included in the Residential Lettings Kit allow the landlord to give the tenant a copy of the insurance policy. This is so the landlord can hold the tenant responsible if they do anything that voids the insurance or causes the landlord's premiums to increase.
What is it like at a property auction? Here's a quick guide to what to expect.
Here's your essential buy-to-let checklist when looking to buy a buy-to-let property.
Kitchen
Is the kitchen big enough to accommodate a small dining table? This is attractive if there is only one reception room and it turns the kitchen into a kitchen-diner.
Smallest bedroom
If the smallest bedroom is smaller than 6' 6" in any direction, then it's not a bedroom! You need to be able to get a bed in a bedroom, so this room can only be considered as a study or a baby's room. You need to think about this when deciding what type of tenant you are looking for. If you're looking for two professional people to share a two-bedroom flat, then the second bedroom must be bigger than 6' 6".
Bathroom
Is there a fitted shower? A bathroom is a lot more desirable if there is a power shower. If there are two bathrooms then the property is very desirable as a buy-to-let investment, even if one is only a shower room.
Heating
An old heating system can be expensive to replace. If possible, get it checked before you buy the house as a buy-to-let project. It's your legal duty as a landlord to provide heating and to issue a gas safety record.
Electrics
Are the electric sockets old? This will tell you that at some point the whole electric system will need rewiring.
This checklist covers the basics but you also should be considering the buy-to-let properties' potential yield.
You need to complete an Application Form S27A Landlord and Tenant Act 1985, which is available from the Residential Property Tribunal Service's website at www.rpts.gov.uk. The Residential Property Tribunal Service, which settles disputes between landlords and tenants about service charges and other issues, has five regional Leasehold Valuation Tribunals (LVTs) in England.
You must send the completed form, along with a copy of the lease and a cheque in payment of the application fee to the nearest Leasehold Valuation Tribunal or Rent Assessment Panel. The Rent Assessment Panel is another part of the Residential Property Tribunal Service. The amount of the application fee depends on the amount of service charge being challenged.
There are three possible tracks by which a service charge dispute can be handled by the Leashold Valuation Tribunal (LVT). When you are completing the form, you will have to state the track which you consider to be most suitable. The three tracks, from the simplest and fastest to the slowest and most complex, are:
If a case is handled 'on paper', the Leashold Valuation Tribunal (LVT) panel will receive written evidence from each party and will then reach its decision without holding an Leashold Valuation Tribunal (LVT) hearing. The 'fast track' and 'standard track' procedures require an Leashold Valuation Tribunal (LVT) hearing and the applicant must pay a £150 hearing fee for this. A case can be considered on the fast track if it is simple and is not expected to generate much paperwork or argument. The Leashold Valuation Tribunal (LVT) says that it tries to hold fast track hearings within ten weeks of receiving the initial application. The standard track is for more complicated cases, including those in which several issues need to be decided and/or a lot of documentation will be required. With standard track cases, both parties may be invited to a pre-trial review, a kind of mini-hearing, so that the Leashold Valuation Tribunal (LVT) can decide on the next steps that need to be taken before the final hearing. Standard track cases often take several months from start to finish.
If your name is not on the tenancy agreement, then normally, yes.
Find out about tenancy rights and about divorce.
All chartered accountants are members of the Institute of Chartered Accountants, who will assess your complaint to decide whether conciliation is appropriate or alternatively, carry out an investigation.
Other accountants may be members of the Association of Chartered Certified Accountants, the Chartered Institute of Management Accountants, or the Chartered Institute of Public Finance Accountants. Book-keepers may belong to the Institute of Chartered Secretaries. All of these bodies will investigate and may take disciplinary action against the accountant if your complaint is upheld.
Need to find an accountant? Get a free initial meeting with TaxAssist Accountants.
Solicitor jargon 'no win, no fee' means that solicitors are paid nothing for their work if they lose, but it also covers agreements whereby solicitors can charge more if they're successful. Put simply, there are two types of 'no win, no fee':
Find out how you can access Affordable Law.
There are various methods of funding a legal case used by solicitors:
In some circumstances, a landlord may be liable for defects on the property rented out which cause personal injury to his/her tenants (and in some cases to others, lawfully at the property).
Most arrangements relating to residential property create a lease (whether oral or written) and a relationship of landlord and tenant is created.
You duty, as landlord, in relation to hazards on the rental property or to the condition of your buy-to-let property depends on whether the defects arose due to your own positive actions, and whether the defects occurred before the lease was created or while you were in situ.
There are three ways for a landlord to increase the rent payable on an assured shorthold tenancy:
It's difficult for a landlord to increase the rent without the consent of the tenant during the fixed term of the tenancy, as the tenant is under no obligation to agree to a rent increase and cannot be forced to do so. The only tactic a landlord can do to force a rent increase is to serve a Section 21 Notice to terminate the tenancy and, therefore, give the tenant a choice of either signing a new tenancy agreement at a higher rent or vacating the property at the end of the fixed term.
If the tenant feels that the rent is too high, they can refer the matter to the Rent Assessment Committee for review.
Yes. If you've been living in a property with a residential mortgage and intend to move out and rent out the property, you will need to inform your mortgage lender. If you were still living in your home and simply rented a room to a lodger, then you wouldn't normally have to tell your mortgage lender.
If you decide to rent out a property instead of living there yourself, the terms of most residential mortgages require you to get permission from your mortgage lender. If you don’t consult your mortgage lender, then you may be in breach of your mortgage terms – make sure that you check the small print of your mortgage. Unfortunately, most mortgage lenders will charge a fee to answer your question of whether you need to get a buy-to-let mortgage.
If you're worried that your mortgage lender will make you take out a more expensive buy-to-let mortgage, make sure you're prepared to argue your case. Inform your mortgage lender of your likely rental income and provide proof that your rental income will more than cover your mortgage payments plus the costs of maintaining the buy-to-let property and any void (empty) periods.
Some mortgage lenders will rise your mortgage rate by around 0.5 per cent and give you permission. Other mortgage lenders will insist that you switch from a residential mortgage to a buy-to-let mortgage. Unfortunately, this will probably be more expensive than a residential mortgage and you may also incur early repayment fees on your original residential mortgage.
Some banks offer a rental window – so if you’re going to rent out your property for one, two or three years, they won’t force you onto a buy-to-let mortgage immediately.
Find more landlord, tenancy agreement and buy-to-let information.
Even if the stuff your tenant has left looks like rubbish, you still need your tenant’s permission before you can dispose of it. However, you can remove the items from your rental property and store them, so that you can let out your buy-to-let property to other tenants.
It's advisable to get it in writing from your tenant that she is happy for you to get rid of her possessions. If you can’t get in touch with her informally, then write to her by recorded delivery and ask her to collect her stuff within a reasonable time period (e.g. four weeks).
Give her your contact details, details of the goods she has left behind and where you are storing them. Inform your tenant that if she doesn't collect them, you will sell or get rid of them. Keep a copy of the letter and the recorded delivery slip, so you have proof that you tried to contact her.
If you don’t have a forwarding address for your tenant (and you should always try to get one), you need to show that you have made every reasonable effort to trace her before you dispose of her goods. You could use a tracing agent to find a tenant, who offer "no-find, no-fee" arrangements.
If you still can’t contact your tenant, you can get rid of her stuff in the most advantageous way possible. If her goods are of any worth, don't dump them; sell them. Any money you earn from selling your tenant's stuff is strictly speaking her’s, but you are entitled to deduct any costs you have incurred in selling them (e.g. eBay fees). But do keep a record in case your tenant turns up later demanding her goods – this does happen.
Find more landlord, tenancy agreement and buy-to-let information.
The first thing you need to do is check to see if your lease allows you to have animals in your property. If your lease gives permission and you are considering accepting your potential tenant's offer, then try to find out a bit more about the animal – how big is the dog, what is its breed, is it noisy, how long will your tenant leave the dog on its own in your rental property.
If you're worried about your flat's condition, ask for a bigger deposit from your tenant and add clauses to the lease. You can ask for your rental property to be professionally cleaned at the end of the tenancy or ask the tenant not to leave the dog on its own overnight. This should help to keep potential damage to your rental property to a minimum.
No, you can still sell your rental property while you have tenants. If you are selling the property as a buy-to-let, then the tenants won't have to move out. But it might be a good idea to have a chat with your tenants and reassure them about the sale.
When you show potential buyers around the property, of course you will have to give your tenants notice that you wish to enter the property. Depending on the terms of your tenancy agreement, you normally have to give 24 or 48 hours’ notice to your tenants.
If you are intending to sell your property as a home that will be lived in by the buyer and are not selling it as a buy-to-let property, then you have to give your tenants two months’ notice that they have to vacate, so it might be an idea to wait until two months before the end of the tenancy before you start trying to sell. You must give your tenants a notice to terminate (using a Section 21 Notice) to ask them to leave at the end of the fixed term.
It's a good idea to show potential buyers around the property yourself and don't let your estate agent allow the tenants to show people round. Tenants usually aren't as keen as you to keep the property presentable, so it may be worth giving your tenants a discount on the rent to encourage them to keep your property in good order. Alternatively, you could hire a cleaner to make sure that it's in tip-top condition.
"Avoid the voids" as much as possible by advertising your rental property as soon as your tenant gives notice. Don’t wait for your tenants to move out, as it’s costing you time and money.
Advertising your rental property is very important. To find the best tenant, you must advertise your buy-to-let property in as many places as quickly as possible, as potential tenants are not going to look at just one website. Our partner spareroom.co.uk is a great place to start and its free for landlords to advertise.
Always advertise with good photographs and make sure that your rental property is tidy. Try to make your photos as professional as possible.
Always include a photo of the living room and don't focus on the exterior of your rental property. Tenants are keen to see the inside far more!
Regarding pricing your rental property, make sure that you price yourself a bit more competitively than the market. If local landlords are mostly advertising their rental properties at £300 a week, advertise your rental property at £290. You will lose £500 a year, but you will increase your chances of avoiding a costly void period.
Make your buy-to-let property as desirable and well-priced as possible to attract more potential tenants. Then you have the option of choosing the best tenant, rather than having to settle.
As a landlord, you have two options. Firstly, you could suggest to your neighbours that they address the problem with your tenants and see if they can come to some amicable agreement regarding the noise problem. If you don’t want to get your neighbours involved with your tenants, then secondly, you should speak to them directly.
If you have a good relationship with your tenants, it's vital that you don't go in guns blazing. Before speaking to your tenants, find out from other neighbours whether there really is a problem.
If the other neighbours are unaware of any noise, then you need to speak to the neighbour who complained and explain that nobody else has got a problem with the noise. But if the other neighbours do agree with the person who is complaining, then you need to speak to your tenants.
Ask your tenants politely and in a friendly manner if they can try to curb their noise a little bit. If this doesn’t work, then put it in writing. Most tenancy agreements include a clause that prohibits tenants from making excessive levels of noise out of hours.
After you have addressed the noise problem with your tenants, keep in touch with your neighbour who made the complaint and see if things are improving. If things do not, then as a last resort you may have to take legal advice.
Find out all you need to know about tenancy agreements and your landlord's rights and responsibilities with our Residential Lettings Guide.