Lettings South West Ltd is that agent. We are familiar not only with the surrounding area and all it has to offer but with the actual properties and the difficult builds and problems. We specialise in detail and the needs of the Landlords to ensure their property, often a much loved home is looked after with the highest care.

Only using local maintenance persons who are committed to their workmanship and providing a cost effective solution to any problems that Tenants may encounter in a timely, efficient and no nonsense manner.

Lettings South West Ltd is a comprehensive service all under one roof, a major advantage over the now corporate world we live in. If you are thinking of buying an investment property or are already letting an existing property, we offer a free no obligation advice service and would be happy to advise on the suitability and possible pitfalls which you may expect to encounter in the process on an unbiased basis.

We look forward to meeting you and working with you in the not too distant future.

Whether you are an experienced Landlord or a private individual, letting your home or investment property for the first time can be a complex business, making it a rather daunting process to the lay person. It is important to seek the services of a professional agent to maximise the return on what is probably among your most valuable assets. Lettings South West Ltd aims to provide a second to none professional, knowledgeable and efficient service, furthermore utilising our best endeavours to make the process as smooth and as stress free as possible.

We match customer requirements to our extensive portfolio of Landlords and their properties to ultimately find the most suitable Tenants for their particular properties. The lettings market is now very active, with many people now renting rather than buying out of choice – flexibility being more important in the transient times we are living in.

LETTING A PROPERTY

The manager will meet you at your property to discuss the letting process and advise you on the maximum rental income that you are likely to achieve. We will also advise you on any action that is appropriate to facilitate the letting of your property and to achieve the highest rental yield possible.

PRESENTATION

First impressions count! A well-presented property will let quicker and produce a higher rental income. Lettings South West Ltd will advise you on the cost effective measures you can take to present your property in the best possible light. On your behalf we can arrange for clearance, professional cleaning, property maintenance, gardening service and a myriad of other services needed for the upkeep of your property.

JOINT OWNERS

If a property is co-owned, legal consent for letting must be obtained from every joint owner before we commence marketing. Each owner will be required to accept and sign our terms of business (prior to marketing your property) and the Tenancy Agreement before move in.

FINDING A TENANT

Upon accepting our Terms of Business we will offer the Landlord’s property to prospective Tenants. If they subsequently wish to proceed, we will notify the Landlord accordingly and discuss the Tenants in more detail, if the Tenant’s offer is acceptable to you Lettings South West Ltd will use a recognised and reputed credit referencing agent – whether the prospective Tenant is an individual or a company. Sometimes the referencing agent will recommend that a Guarantor should be sought. If this is the case, the Guarantor will either agree to pay the rent in case of default or will be fully liable for all the terms and conditions in the Tenancy Agreement should the Tenants default. The Guarantor will be required to go through the same referencing process as the prospective Tenant and sign a deed of guarantee along with the Tenancy Agreement. As the prospective Tenant or sharers they will have to sign the tenancy and will be treated on a joint and several basis.

REFERENCING

Lettings South West Ltd uses a recognised and reputed credit referencing agency that will assess the credit worthiness of the prospective Tenants. References will be obtained from employers and previous landlords.​

TENANCY DEPOSIT PROTECTION

If we are instructed by you to hold the deposit, Lettings South West Ltd would normally take an amount equal to 5 weeks rent and protect the deposit within the government guidelines of The Tenancy deposit scheme.

AT THE END OF THE TENANCY

If there is no dispute, we will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord or repay the whole of the balance of the deposit, according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. If following notification of a dispute to us and reasonable attempts have been made to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the deposit, it will (subject to the paragraph below) be submitted to the independent case examiner for adjudication. All parties agree to co-operations with any adjudication. In the event of a dispute the full deposit plus any amounts already agreed by the parties and paid over to them must be remitted to the dispute service. We must cooperate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

INVENTORIES

This is an absolutely essential document that provides a written benchmark with a schedule of condition detailing the fixtures and fittings and describes their condition. Where required we will instruct on the Landlord's behalf a comprehensive inventory to be prepared, including extensive photographs. Increasingly so, the adjudicators rely heavily on this document and most decisions are based on the details within.

INVENTORY CHECK IN

When Lettings South West Ltd compile the inventory and we fully manage the property, we will automatically arrange for the Tenant to be checked into the property at the commencement of the tenancy, unless otherwise instructed by our Landlord.

INVENTORY CHECKOUT

As part of our management service Lettings South West Ltd will conduct a comprehensive check against the original inventory to determine any dilapidations. Lettings South West Ltd will forward the schedule of costs, based on the checkout report. The Landlord or a representative can visit the property to agree a schedule of costs whenever necessary or required. Once an agreement has been reached by both parties we will settle the deposit and release the funds.

PERIODIC VISITS

Under our full management service we will arrange with your Tenants to monitor the condition of your property inside and out. This takes place on a three/Six monthly basis if no serious defects are reported prior to the quarterly inspection, if we are not happy with the findings on this visit and we require the Tenants to rectify any issues we find an additional visit will be arranged. Lettings South West Ltdwill then report to you any findings, including potential future repairs to keep your property in the best condition. Visits should not be relied upon to pick up any structural defects and does not include loft spaces. The periodic visits will be subject to the Tenants allowing us to access.

UTILITIES

When the Landlord subscribes to our management service, Lettings South West Ltd will inform the relevant utility suppliers at the beginning of the tenancy and final readings at the end of the tenancy – changes of address for both Landlord and Tenant. The Landlord agrees to give the tenant flexibility to change to a different supplier should they wish to do so.

REPAIRS

In the majority of cases we are happy to use the Landlord’s own contractors, however we have a list of local contractors or in the event that the Landlord’s contractor is unable to undertake the work necessary within a reasonable length of time. Landlords agree to be liable for all contractors invoices where instructed and in accordance with our Terms of Business. If a dispute arises, we as agent for the Landlord and chosen contractor, will be bound by the adjudication rules of the Housing Grants Construction and Regeneration Act 1996, unless a JCT minor works contract is implemented.

RENTAL PAYMENTS

We will undertake to demand rent in accordance with the Tenancy Agreement and our rent arrears procedure set out below. Rent received will be paid into the Landlord’s account on a monthly basis net of any agreed deductions. A statement of account will be sent to you via email or post each month, payments will be made by electronic banking directly to the Landlord’s nominated bank account.

LANDLORDS RENT & LEGAL PROTECTION

No matter how well prospective Tenants are vetted there is always the risk that the Tenant will prove to be unsatisfactory, sometimes due to unforeseen changes in their own circumstances. Whilst court proceedings can be taken to enforce the terms of the Tenancy Agreement, this is often expensive and unlikely that you will be able to recover the full cost from the Tenant – we therefore suggest that you consider taking protection to guard against the risk involved. Lettings South West Ltdhave a block policy scheme, please ask for information if you think this is something that may be of interest to you.

THE TENANCY AGREEMENT

Is a legally binding contract between the Landlord and Tenant, setting out both legal and contractual responsibilities and obligations of the two parties. It should be written in plain and intelligible language and its terms and clauses should be fair and balanced. It should not be misleading about any legal rights and responsibilities. The most common form of tenancy agreement is an Assured Shorthold Tenancy (AST) under the 1998 Housing Act (amended 1996 & 2004) and offers the most flexible terms to both Landlord and Tenant. Extra clauses may be added with any restrictions etc. affecting your property.

BREAK CLAUSE

This is a clause sometimes inserted in a fixed term tenancy. A break clause will usually be worded in such a way to allow either party to give two months written notice at this stage after a particular date or period of the tenancy, terminating the tenancy earlier than the end of the original fixed term.

Lettings South West Ltd has a wealth of knowledge with many years’ experience and will provide you with confidence and professionalism you can trust that any advice they give or action they take will be in your best interest.

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GUIDANCE ON THE SAFETY OF GOODS IN RENTED ACOMODATION – LANDLORDS AND LETTING AGENCIES

YOUR LEGAL OBLIGATIONS AS LANDLORD

•   1.0 Energy Performance Certificate (EPC)
•   1.1 With the exception of listed buildings, you must ensure that an EPC is provided for any property which is to be advertised for let. It should be made available in good time for us to make it available to prospective tenants prior to their first viewing or to accompany written details of the Property. We accept no liability in connection with the EPC.
•   1.2 Where the Property is subject to a Green Deal, or other similar scheme, you must provide all necessary information to ensure the scheme requirements are complied with and we will not be responsible for complying with the conditions of the scheme.
•   1.3 Under The Energy Act 2011/ Energy Efficiency (Private Rented Property) (England & Wales) Regulations 2015, from April 2016 you will be unable to refuse the Tenant’s reasonable request for consent to energy efficiency improvements where a finance package, such as The Green Deal, is available.
•    2.0 Houses in Multiple Occupation (HMOS) – Housing Act 2004
  
•   2.1 Your Property will require a mandatory licence if it comprises three or more storeys and has five or more occupiers who do not form one household and who share kitchen and bathroom facilities. It is your responsibility to obtain a licence and to comply with any conditions imposed by the local authority when granting it.
•   2.2 Local authorities can also enforce discretionary licencing and it is your responsibility to check whether your Property is subject to discretionary licencing. If the Property requires a licence it is your responsibility to acquire and pay for one and comply with its conditions.
•   3.0 The Gas Safety (Installation & Use) Regulations 1998
  3.1 You are required to ensure that all gas appliances and installations are checked annually by a Gas Safe Register registered engineer and that the Tenant must be provided with a copy of the Gas Safe Record prior to commencement of the Tenancy and within 28 days of renewal of the Safety Record. Failure to comply is a criminal offence.
•    3.2 We recommend that you remove all portable gas appliances such as barbecues and patio heaters prior to commencement of the Tenancy. Where such appliances remain they should be tested by a specialist Gas Safe Register registered engineer and appear on a Gas Safety Record.
•    4.0 The Electrical Equipment (Safety Regulations) 1994
  4.1 You are required to ensure that electrical installations and appliances at the Property are maintained in good order, provided with instruction manuals and checked regularly. Appliances and electrical installations must be safe at all times.
•    4.2 We advise you to undertake an annual Portable Appliance Test and an Electrical Installation Condition Report at least every five years.
•    5.0 Smoke/ Carbon Monoxide Alarms
  You are required by law to install working smoke and carbon monoxide alarms in their properties. Carbon monoxide alarms will be required in high risk rooms, such as those housing boilers, solid fuel heaters and stoves, with at least one smoke detector required on each floor. These should be tested by you on the first day of each Tenancy to ensure they are in full working order. Smoke and carbon monoxide alarms should be installed and replaced in accordance with manufacture guidelines and/or the replacement label on the alarm. This is usually every seven years for smoke alarms and five years for carbon monoxide alarms.
•   6.0 Regulatory Reform (Fire Safety) Order 2005
  6.1 You are advised to undertake a fire risk assessment prior to the start of the Tenancy to systematically identify all fire related hazards and how they might pose danger to the Property and its Occupants.
•    6.2 We recommend as a minimum standard that you ensure safe passage from sleeping accommodation through the provision of interlinked smoke detectors along the escape route(s). These should be tested by you at the start of each Tenancy to ensure they are in full working order. Fire doors/ strips should be fitted where high risk rooms such as kitchens open onto an escape route. We also recommend the placement of a fire blanket and/or suitably classified extinguisher in the kitchen and other high risk areas.
•    7.0 The Furniture & Furnishings (Fire) (Safety) Regulations 1988 as amended 1993
  7.1 It is a criminal offence to let a property with upholstered furniture which cannot be proven to comply with the safety regulations. In signing these Terms, you warrant that all furniture at the Property, together with any added by you during the Tenancy, complies with the safety regulations.
•    8.0 European Standards for Safety of Internal Window Blinds
  The Standards affect any device used for internal blinds or curtain tracks. They apply to blinds which have cords or chains fitted with a hazardous loop that could create a hazard in premises where children aged between 0 and 42 months are likely to have access or be present. You should ensure that all cords and chains at the Property are checked and any that could create a hazard are replaced or fitted with a cleat or snap connector.
•    9.0 Water & Bacterial Control
  9.1 You must ensure risk from exposure to legionella is properly controlled. Properties that remain empty, particularly during the warmer months, those with open cold water tanks and swimming pools/ hot tubs are particularly at risk. 9.2 We advise you to undertake a risk assessment prior to the start of the Tenancy and maintain a written record.
•    10.0 Fall Arrest Blocks – Eye Bolts
  Where not undertaken by any Block owners or managing agents, you must ensure that any Fall Arrest Blocks, “Eye Bolts”, installed within or in the vicinity of the Property are subjected to an annual inspection and certification by a person deemed competent under the relevant HAS Code of Practice.
•    11.0 The Immigration Act 2014
  11.1 You are obliged to establish that anyone living at the Property aged 18 or over has the right to rent in the UK through the provision of original documents confirming that right and for you to keep records for at least 12 months after the Tenancy has ended. Where a right to rent has a time limit you should make a careful record of this and ensure this is checked again once that time limit has ended or after 12 months, whichever is the later. Further information is available at www.gov.uk by searching “Right to Rent”.
•    12.0 Overseas Landlords (Finance Act 1995)
  12.1 Whilst resident overseas, you may be considered non-resident for tax purposes, but UK tax remains payable on rents received in the UK under the provisions of Section 42A of the Income and Corporation Taxes Act 1988.
•    12.2 You should apply to HMRC to seek consent to account for tax under self-assessment. Responsibility for obtaining approval to do so rests with you. The HMRC approval number should be provided to us prior to commencement of the Tenancy.

PENALTIES

The maximum penalties vary, depending on the specific piece of legislation, but fines of up to £20,000, and a prison sentence of up to six months, can be imposed. If a product causes injury or damage, substantial compensation may be payable, whether or not criminal proceedings are brought.

About the Trading Standards Service:
Our aim is to protect consumers and business from unfair trading. The law requires that landlords and their agents provide only safe items with accommodation. People who fail to do this not only put their tenants at risk but also gain business at the expense of reputable providers of accommodation. There are costs involved in complying with these requirements, but it is worth remembering that the cost of non-compliance could be substantial.

Please note: This information has no legal force and is not an authoritative interpretation of the law, which is a matter for the Courts. It is intended to help landlords to understand in general terms, the main features of the legislation. The information is not a substitute for the legislation and you should refer to the text of the Regulations for a full statement of legal requirements and obligations. Where appropriate, you should seek your own independent legal advice.

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