Providing Excellence, Protection and Peace of Mind

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1 Lettings Services i

2 Introduction Chestertons has one of the largest and most successful lettings departments in London and we know how difficult and time-consuming being a landlord can be regardless of whether you have one property or a portfolio. It is with this understanding that we have developed a comprehensive range of services for landlords that allows them to enjoy the benefits of their investments without worry or hassle. From sourcing a suitable property to arranging the deposit release, we can help our landlords through every single step of the lettings process. Our landlord services are explained in detail over the following pages. As well as serving our clients, we also care for our tenants and have included a section on Landlord Safety Obligations, which sets out exactly what is required of you by law as a landlord. Please be aware that legislation around the lettings industry is constantly changing and the best way to stay abreast of the changing laws is to work with a professional ARLA-qualified lettings team. Providing Excellence, Protection and Peace of Mind ARLA and ARMA membership Chestertons is a member of both ARLA and ARMA, the professional bodies that regulate residential letting and managing agents and has one of the most qualified lettings departments in the country, meaning that our clients get the best service and the best advice every time. Contents Providing Excellence...01 Let and Rent Collect...02 Property Management...03 PRIME...05 Corporate and Short Lets...07 Refurbishment...08 Renewals...10 Landlord Safety Obligations...12 Guide to tax legislation...16 ARLA is the professional and regulatory body for letting agents in the UK, set up in 1981 to promote standards across the lettings market. Licensed ARLA members, like Chestertons, must adhere to the ARLA Code of Practice and commit to always operating at the correct standard. Only by working with a registered member of ARLA like Chestertons will landlords be properly protected: All client money is completely protected, including rents and deposits Our qualified teams are required to keep up-to-date with any changes in legislation and industry issues, meaning that we can offer professional advice to our clients and ensure that they are made aware and protected against any changes in legislation We make every effort to source the best quality tenants for your property who will be comprehensively referenced ARMA is the leading trade association for residential managing agents, formed to promote high standards of leasehold management and professionalism by providing professional managing agents with advice, training and guidance. As a member, Chestertons clients can have peace of mind that we always work to the standards and code of conduct as set by ARMA. Chestertons is also a member of two independent ombudsman schemes: The Property Ombudsman and Ombudsman Services: Property. We adhere to The Property Ombudsman Code of Practice for residential letting agents. Only by working with a registered member of ARLA like Chestertons will landlords be properly protected

3 Let and Rent Collect Property Management Chestertons network of offices deliver a high level of service to both landlords and tenants. Our significant investment in targeted marketing, along with our strong relationships with Relocation Agents and Corporate bodies, helps us to source a wide selection of professional tenants. In London s competitive rental market, the best tenants have increasingly high standards and expect their home to be properly and expertly managed in an efficient and effective manner. Chestertons provides a comprehensive range of property management services designed to maximise rental returns and save landlords time, hassle and inconvenience. The Let and Rent Collect service is designed for landlords who are experienced in dealing with the day to day management of their property and can attend to all tenant demands throughout the tenancy. Upon your instructions we will: Market your property through all channels, including digital, national and local advertising Produce high quality property details Discuss PR editorial opportunities through both our in-house and retained PR Consultants Proactively contact all suitable prospective tenants on our extensive applicant, Relocation Agents and Corporate Services databases Erect a To Let board, subject to approval Accompany all viewings and provide feedback Discuss all offers and negotiate terms Draft all tenancy documentation and register the deposit Ensure all relevant paperwork has been signed and processed before the tenancy is due to commence Collect the rent payable by the tenant throughout the tenancy and pay this onto the landlord with a reconciled statement of account Our goal is to secure the best possible price within the shortest possible time. Full Management Chestertons Full Management service takes the day-to-day running of a property or property portfolio out of the landlord s hands. As part of this service we will: Collect rent Act as the main point of contact for the tenant Arrange repairs to be carried out by our approved contractors, selected for their excellent service and competitive pricing Organise inventories and cost any dilapidations at the end of the tenancy Undertake two property visits each year Notify utility companies of a tenant change over (with the exception of telephone and media companies, which require instructions from the account holder) Provide the landlord with advice on any relevant legislation Take legal action on the landlord s behalf, (in the rare event that this is necessary) Organise a professional clean of the property at the end of a tenancy Offer an optional refurbishment and advice service Vacant Management If you have a property that is currently unoccupied, our Property Management team can look after the property on your behalf. This is a particularly useful service for landlords who are unable to visit the property themselves. As part of this service we offer: Fortnightly visits The payment of interim utility bills and service charges Checks for any maintenance requirements 2 3

4 PRIME PRIME offers an experienced team of professionals dedicated to meeting the high demands of managing a successful property portfolio. We provide intelligent advice on portfolio growth using our considerable experience and significant company resources. Our objective is to work with you in order to maximise your investment whilst ensuring the continued smooth day to day running of your properties. As part of this service we offer: Account management Sourcing properties for clients who wish to expand their portfolio or buy a new home Financial management and statutory compliance Periodic statements of account Preferential rates Refurbishment and interior design service Pro-active and personable approach to management Vacant and lifestyle management Introduction to a specialist tax advisor Contact us on nicola.lavictoire@chestertons.com An experienced team of professionals dedicated to meeting the high demands of managing a successful property portfolio 4 5

5 Chestertons has a dedicated Corporate Services department which maintains relationships with many of London s largest employers Corporate and Short Lets Chestertons has a dedicated Corporate Services department which maintains relationships with many of London s largest employers, helping them find suitable long and short-term rental accommodation for their employees. The Corporate Services team works closely with both landlords and corporate clients to offer a range of services: Relocations and Secondments We provide companies with an extensive property search service, working with their financial expectations and taking into account the employees needs. We provide all the information they need to be ready for move-in day, as well as local area knowledge and other details they ll find useful during their stay. Relocating is often a stressful time, but Chestertons does everything it can to make the process quick and simple so that employees can concentrate on settling into their new role and enjoying one of the world s most rewarding cities. Serviced Accommodation We have relationships with a huge network of serviced accommodation providers which gives us access to a wide range of quality properties available on flexible terms, from townhouses to flats, for single professionals, couples or families. Many of these properties include housekeeping, parking, gyms and where required, conference rooms. Short lets We are able to source fully furnished properties of all sizes for short term accommodation. Typically, these are available from one to six months and can be obtained at short notice. Short lets provide a comfortable alternative to hotels or serviced apartments, giving the tenant a real home from home environment during their stay. Contact us on bradley.bartlett@chestertons.com 6 7

6 Refurbishment Chestertons Refurbishment team can help increase the value of your property The presentation of a property has a big impact on its value so if your property is starting to look a little tired, or you have recently acquired a property in need of an update, Chestertons Refurbishment team can help increase the value of your property. The team will completely oversee the project on your behalf, leaving you to concentrate on other priorities. How we can help you We can provide advice on how to improve the property, from repainting and carpeting, to completely renovating throughout. We pride ourselves on managing projects efficiently and thoroughly from the first consultation right through to snagging once the works are complete. Our services include: A detailed list of recommended works including quotes Access to our trusted and accredited contractors, architects and surveyors Working with you to a timescale that suits your goals and needs Regular site visits to ensure works are running to schedule Final quality checks and payment of invoices Before and after photographs We can provide examples of recent refurbishments which we ve managed at the initial consultation meeting. Furniture and property styling When trying to sell or let your property, it is absolutely vital that you present your property in the best possible light. This helps viewers imagine themselves living in the space and making them more likely to choose your property over another. We can work with the available space, de-clutter or add additional furniture and accessories to make your property s features shine through. Contact us on refurbishments@chestertons.com 8 9

7 Renewals We understand that renewing a tenancy can be a stressful period for landlords and tenants but with our simplified renewal process, we aim to make the process as easy as possible for both parties involved. Our renewal process Regardless of the level of service you choose, be it Let and Rent Collect or Fully Managed, you can be confident that as the end of the tenancy term approaches, our expert renewals team is in place to ensure a smooth and successful renewal of the tenancy. To determine the intentions of both parties, we will contact them three months before the tenancy s end date. If a renewal is not possible at this point, your local lettings manager will be informed and will promptly review your property and re-market it as soon as possible (upon your instructions). Responding to your priorities Your priority may be to achieve the highest rental income from your property investments or it may be to avoid having the property empty for any period. Whatever your preference, we are well placed to advise you on the best course of action. Fixed term contracts rather than periodic tenancies. A periodic tenancy allows the tenant to give one month s notice before moving out, increasing the likelihood of a void period. Some landlords and agents allow tenancies to run into periodic terms and, although this may occasionally suit both parties, it is not usually an advantageous situation for the landlord. Our renewals team will negotiate hard for a fixed term contract but if a periodic tenancy looks likely, we will notify the landlord as soon as possible to allow them to consider all their options. Complex Circumstances We are confident that we can still advise you even if your renewal is made more complicated by one of the following situations: Other entities If you are not using our tenancy agreement, we are still able to advise you. We will provide you with the necessary supporting tenancy documents and assist in the signing process. If an Option to Renew clause (specifying terms relating to the renewal of the tenancy, for example rent increases) forms part of the initial tenancy agreement, we will remind both parties of this clause three months prior to the end of the tenancy. We will also ask the tenant(s) if they are planning to renew the tenancy or not. Terminating tenancies The Renewals Department is the best placed team to deal with any matters that might occur at the end of a tenancy, whether this is accepting notice from a tenant who doesn t wish to renew the tenancy or serving notice on behalf of a landlord who wishes to end the tenancy. Whatever happens, we are highly experienced and qualified to handle these situations, making them proceed as smoothly as possible for our clients. At the point of renewal we will assess all aspects of the tenancy and property. We will advise you on rental market conditions and negotiate the renewal terms in accordance with your instructions

8 Landlord Safety Obligations As a landlord there is a list of regulatory safety obligations which you MUST adhere to, to ensure the safety of your tenants. Complying with the numerous and constantly changing regulations can be a complex and time-consuming job but is fundamental to the responsibilities of a landlord. If we manage your property, Chestertons will arrange all of the necessary safety checks on your behalf as part of our service. Even if we do not manage your property, we are still very happy to arrange the checks for a small administration fee, plus the cost of the safety check undertaken. Gas Safety The Gas Safety (Installation and Use) Regulations 1998 Properties with a gas supply must comply with the above legislation. The legislation is covered under criminal law and not following it could result in a fine of up to 5,000 (or an unlimited fine in the Crown Court) or imprisonment. More information can be found on the following websites: chestertons.com/gassafety chestertons.com/gassafety2 Alternatively you can call the HSE Gas Safety Advice Line on The Gas Safety Regulations state that: Pipe work, appliances and flues must be in a safe condition Inspection hatches must be inspected where flues are not visible Appliances must be serviced in line with the manufacturer s instructions. If these are unavailable then servicing must be completed every year Manuals for appliances must be made available for the tenants Location of the Emergency Control Valve (ECV) must be known and the property manager and tenant informed. A new ECV may need installing if the current location is not accessible Gas Safety Inspections (GSI) and Record Keeping A tenancy cannot commence until a valid GSI is obtained for the property. A GSI must be completed every 12 months by a Gas Safe registered engineer who will issue a Gas Safety Inspection record (GSI). Records of the annual GSI must be provided to the tenant prior to or at the beginning of a tenancy and within 28 days of the annual check Copies of the reports must be retained for a minimum of 2 years Electrical Safety There are several pieces of legislation regarding electrical safety, the key ones being: The Landlord and Tenant Act 1985, which states that the electrical installation in a rental property must be safe at the commencement of the tenancy and maintained to a safe standard throughout the tenancy. Housing Act (England & Wales) 2004 introduced the Housing, Health and Safety Rating System (HHSRS), which assesses the impact of poor housing standards on health and considers the provision of sufficient electrical lighting, sockets and condition of portable electrical equipment. As a minimum, landlords need to be sure that their properties and appliances meet the following criteria: Leads should not be worn or frayed for any appliance, including light fixtures and fittings No wiring should be accessible or visible Live parts should not be accessible Moving parts should be guarded All plugs should comply with BS1363 and be correctly fused Fireguards should comply with BS3248 Fire blankets should comply with BS EN 1869:1997 Heating appliances should be in good working order and serviced annually Additional information is available at chestertons.com/electric It is not compulsory to have an accredited electrician inspect either portable electrical appliances or the fixed wiring at your property, however, Chestertons recommends hiring an accredited electrician to carry out testing. Electrical Equipment (Safety) Regulations 1994 In order to comply with law, the following tests are recommended: Portable Appliance Test (PAT). Portable electrical appliances must comply with the above legislation meaning that: Equipment is safe and will not cause death, injury or damage An accredited electrician can check the safety of the appliances and issue a Portable Appliance Test (PAT) report which should be carried out on an annual basis. All appliances should bear both the CE and BS1363 mark. Equipment without such marks should be removed from the property prior to letting 12 13

9 Landlord Safety Obligations Cont. Electrical Condition Report (EICR) Fixed Electrical Wiring must also comply, this means that: A property s wiring should be performed by a qualified electrician The landlord must rectify any issues that are noted in the EICR The landlord must file the reports safely and provide a copy to the tenant The reports are valid for five years at which point the process should be carried out again Furniture and Furnishings Safety The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended) These regulations set levels of fire resistance for upholstered furniture, furnishings and other products containing upholstery, such as: Armchairs and sofas Sofa beds and futons Beds/bed bases/divans Headboards Mattresses Pillows Nursery furniture Garden furniture which could be used indoors Covers for furniture and cushions They do not apply to: Bed clothes and duvets Carpets and curtains Furniture manufactured before 1950 (although you will need evidence that the furniture predates the 1950s) To be compliant: All furniture must bear a manufacturer s label which must be permanent and non-detachable The label must show that upholstered items have fire resistant filling material If there is no label, then that item should be removed from the property prior to any tenancy commencing Landlords should keep all receipts for furniture and make sure an inventory is made Landlords should try to purchase furniture from a reputable retailer These regulations are enforced by local Trading Standards Officers and you should consult them should you have any queries. Failure to comply can result in a fine of 5,000 per item that doesn t conform with the regulations, a 6 month imprisonment and an invalidation of your buildings insurance. Building Safety Building Regulations 1991 This legislation requires that all new homes built after 1991 are fitted with mains operated smoke detectors on every floor. For older buildings, Fire and Safety Officers recommend the installation of battery operated detectors. This not only helps to safeguard the tenant living in the property but also to minimise any potential damage to the property itself. Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 The Energy Performance of Buildings Directive was created by the European Union to combat climate change by reducing the level of carbon produced by buildings, making Energy Performance Certificates (EPCs) a statutory requirement for rental properties. The main requirement for residential property is that an EPC is to be produced upon the sale, rental or construction of a building. A recast of the Directive which came into force from 9th January 2013 states that: Responsibility for providing the EPC lies with the relevant person When letting a property, the relevant person is the landlord Landlords must provide an EPC free of charge to interested parties at the earliest opportunity Agents must ensure that an EPC has been commissioned before they can market a property All advertisements must state the EPC rating where this is available EPCs are valid for 10 years Where more than one EPC is produced for a building, the most recent EPC is the valid one There are very few exemptions to these regulations that are relevant to rental properties (except for listed buildings) An EPC shows an energy efficiency rating on an A G rating scale and includes recommendations on how to improve energy efficiency. It will also detail which of these measures would be eligible for finance under the Green Deal Scheme. Information on the Green Deal scheme can be found at chestertons.com/greendeal The Trading Standards Office enforces these regulations. If a landlord fails to provide an EPC to a tenant or an enforcement officer when asked, Trading Standards can issue a notice with a penalty charge of 200 per dwelling. The EPC will still have to be provided to the tenant, even following a fine. Due to the scope of the Consumer Protection Act 1987, which covers the hiring and lending of furniture in the course of business, landlords are responsible for ensuring that the furniture and furnishings they supply in a property are compliant with the above regulations

10 Guide to tax legislation for landlords Under current legislation, both landlords and agents have responsibilities to HM Revenue & Customs. The following is a brief guide to make fulfilling these responsibilities as simple as possible, as well as facilitating cash flow. All individual landlords should notify HMRC when letting a residential property as the income generated is subject to UK tax. Company landlords should account for the income as part of their business revenue. Tax is payable on the profit made from letting a property but HMRC allows certain expenses to be offset against the rental income. This could include items such as letting agents and accountants fees, interest on property loans and repairs to the property (but not improvements). Landlords offering a furnished residential property may also be eligible for a wear and tear allowance. We strongly recommend that all landlords seek the advice of an accountant or tax specialist regarding their tax affairs. Further information can be found at: Overseas Landlords Deduction of income tax at source There are two bodies of legislation that govern the tax relationship between an overseas-based landlord (also referred to as non-resident landlords), their agent and HMRC. Firstly, under the Income Tax Act 2007, a letting agent is obliged to retain tax at the standard (20%) rate on any rent it receives on behalf of an overseas landlord and pay it to HMRC. Costs related to letting a property such as fees, maintenance and mortgage interest are tax-allowable but, it is unlikely that the agent receiving the rent will be able to account for all tax-allowable expenses for the property prior to deducting tax and sending to HMRC. Also, the agent cannot take into account any personal allowances to which the landlord may be entitled so the tax deducted at source will, in many cases, be excessive. If a landlord does not apply for, or does not receive HMRC s approval to receive rents gross (see below), the letting agent is obliged to pay HMRC any tax deductions on a quarterly basis. The quarter dates are 31 March, 30 June, 30 September and 31 December. If, as is likely, these payments are greater than the landlord s liability, it is the landlord s responsibility to liaise with HMRC and agree directly with them any tax refunds that may be due. Chestertons issues its overseas landlords with a certificate NRL6 confirming the payments it has made to HMRC on the landlord s behalf. If Chestertons is involved in making these payments, because the landlord is not party to the Non-Resident Landlord s Scheme, there is an annual charge. Chestertons is legally obliged to notify prospective tenants that are asked to pay their rent directly to an overseas landlord that they will be required to deduct tax from their rental payments and pay the tax to the HMRC, unless or until they are in receipt of the landlord s Approval Certificate, issued by HMRC. Receiving rents gross Under the Taxation of Income from Land (Non-Residents) Regulations 1995, there is provision for non-resident landlords to apply to HMRC to receive rental income without deduction of tax at source. Where a property is owned by more than one person, each named landlord should apply individually. The cash flow benefits from obtaining HMRC permission to receive rental income without deduction of tax are considerable so Chestertons recommends that its non-resident landlords apply for this scheme. However, please note that we are unable to deal with the application on behalf of our landlords. Once the application is approved, HMRC will send the landlord and their letting agent an Approval Certificate. Once the agent is in receipt of the original Approval Certificate (addressed directly to the agent), they can then pay rent in full to the landlord from the date of the approval. An Approval Certificate must be received for each individual. Please note that an approval to have tax paid gross is not exemption from UK tax liability. In applying for approval to receive rents without deduction of tax, the landlord undertakes to comply with their UK tax obligations. This means that if the landlord receives approval, they should submit an annual tax return to HMRC and settle any tax liability on their net rental income by Self-Assessment. Once a landlord has been accepted into the Non-Resident Landlord s Scheme, any tax issues arising out of letting property in the UK is their responsibility and it is for them to directly deal with HMRC. Although we appreciate that landlords can deal with HMRC directly themselves, Chestertons strongly advises our clients to use the services of a UK tax expert. Help and advice Chestertons works closely with Optimus Tax Ltd, a company that has specialised in overseas landlords UK tax affairs for over 25 years and charges standard, set fees for their administration service. For further information or to appoint them, visit their website or call +44 (0) Initial advice is given without charge. HM Revenue & Customs also provide useful information about taxation for non-resident landlords at

11 Hampstead Kentish Town Camden & Primrose Hill St. John s Wood Little Venice Islington Notting Hill Chiswick Hyde Park Covent Garden Mayfair Kensington Tower Bridge Knightsbridge & Belgravia Chelsea Westminster & Pimlico Canary Wharf Kew Barnes Fulham Battersea Park East Sheen Putney Battersea International offices Abu Dhabi Australia Barbados Canada Cayman Islands Dubai France Gibraltar Italy Malta Russia Singapore South Africa Spain Reproduction of this document in whole or in part is not permitted without the prior written approval of Chestertons. November ii

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