Landlord Frequently Asked QuestionsEverything you need to know about being a landlord!

Why do I need an agent?

Of course there is nothing to stop a Landlord acting without an agent. However, there are many legal requirements that a Landlord has to fulfill, failure to comply with these may result in criminal prosecution.

Our staff are trained to understand these requirements and have systems in place to ensure they are complied with.

We have facilities to properly vet a potential Tenant, allowing you to make the right choice.

What services do you offer?

We provide a 'Letting Service' or a 'Letting and Management' service. The 'Letting Service' is geared towards experienced Landlords who's day to day business is the management of their portfolio.

The majority of our clients choose the 'Letting and Management' option, as this provides a complete service from start to finish, offering you peace of mind and the satisfaction of knowing that your property is in capable hands.

Our comprehensive Tenancy Agreement will make sure that your interests are protected in line with current legislation.

So why indulge in DIY when there are experts who can do it for you. We will save you time and could even save you money.

How is the rent paid?

Typically a standing order is set up from the tenant's bank account and the rent will be paid in advance.

Our fully computerised systems mean that, once the monies have 'cleared' through the banking system, the rent is paid by BACS directly into the account of your choice. A detailed statement of account is naturally part of our service.

What sort of agreement is used?

There are a number of different types of agreement that should be used depending on the circumstances of the tenants, the Landlord and indeed the property.

In the majority of cases it will be what is called an Assured Shorthold Tenancy for a fixed period of at least 6 months.

What happens if the tenant doesn't pay the rent?

As part of our service we endeavour to ensure that the rent is paid on time. Having carefully selected the tenant in the first place, there's unlikely to be a problem.

However people's circumstances do sometimes change during a tenancy and if the rent is not paid, we’ll advise you on the appropriate course of action.

What about a deposit?

We ask tenants for a deposit which is usually equal to 1.25 x the monthly rent. It will only be returned when the tenant has given vacant possession of the property and left it in a satisfactory condition, allowing for wear and tear, and complied with his or her responsibilities under the Tenancy Agreement.

Tenant's deposits are now protected and must be registered with a government approved scheme.

What happens when my property is empty?

You must advise your insurance company in accordance with their requirements regarding empty property. Please check your insurance policy for the relevant details.

What are my outgoings?

These will usually include:

  • Mortgage
  • Insurance- Buildings & Contents (as a minimum)
  • Repairs to the property and contents unless it is caused by the tenants
  • If leasehold - ground rent and service charges
  • Managing agents fees
  • When the property is empty, utilities and services



What about tax?

You will be liable to pay tax on any profit generated from letting your property - the amount of tax you pay will depend on your circumstances.

If you are overseas for more than six months in any tax year, you will be regarded as a non-resident Landlord. The current legislation requires us to deduct and pay over to the Revenue tax at the basic rate unless we are in receipt of an exemption letter from the Inland Revenue. Once we are notified by the Revenue that you are exempt, we will no longer need to deduct tax.

Please note that where there are joint Landlords (including married couples) an exemption is required for each Landlord. From the 15th October 2013 applications to obtain an exemption certificate can only be made online, by visiting http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=Ed5BaOnynis&formId=738. Please ensure that our agency number is quoted in all applications: NA 022741. Our staff will be happy to discuss these arrangements with you.

Do I need to tell my insurance company?

Most certainly, yes - otherwise you may find your insurance is invalid. Should you need it, we are able to offer competitive alternative Buildings and Contents insurance cover. Please ask our staff for further details.

What do I do if my property is leasehold?

The managing agents or freeholders must be advised as a change in the type of occupancy may affect the buildings insurance. You should obtain the freeholders or managing agents consent prior to letting and advise us of any restrictions within the head lease which your tenant should be aware of.

Who looks after the garden?

The maintenance and upkeep of the garden is usually the responsibility of the Tenant. However, should you have a particularly large garden or any precious plants then it may be advisable to arrange for a gardener - the cost of which should be incorporated in the rental value.

It is advisable to provide the materials for maintaining your garden even if the property is unfurnished.

Do I have to provide furniture?

No. Interestingly enough, in most cases we have found that there is very little difference in rental values between furnished and unfurnished lettings.

Our staff will advise you on the most appropriate option for your property.

An unfurnished property would require carpets, curtains and usually white goods. The requirements for a furnished property can vary depending upon the style and location of your property.

Are smoke and Carbon Monoxide alarms required?

Smoke alarms must be installed on every habitable floor of the property and must be in working order on the day that any tenant moves in. During the tenancy the tenant is responsible for testing them regularly and replacing batteries as necessary. Alarms can be either mains or battery operated.

Carbon Monoxide alarms must be fitted in any room that contains a solid fuel appliance. Linley and Simpson's policy is to extend this to rooms containing a gas appliance as this is the only realistic way of protecting your tenant and demonstrating Due Diligence.

What am I responsible for repairing?

As a Landlord you have a legal obligation under the Landlord and Tenant Act 1985 to maintain the structure of the building, the sanitation and the supply of services. In addition, should an item in the property require replacing or repairing through fair wear and tear then you would be expected within the terms of the Tenancy Agreement to deal with this.


How much is my property worth? Arrange a

Book Your Free Marketing Appraisal NOW

No matter what stage of the process you are at, an accurate sales or rental valuation is essential – request yours today!

Book Now

Award Winning Estate Agents & Letting Agents

How much is my property worth? Arrange a

The Property Ombudsman
Association of Residential Letting Agents
Association of Residential Letting Agents
On the Market January 2015
Safe Agent Logo
Martin House Logo