Your lease and lettings
You need to check if your lease permits letting of your flat or whether there are any conditions for letting. Leases vary so if you need advice please contact us.
In general leases may:
- Prohibit letting in which case we will not give consent
- Require prior written consent to any letting and allow the landlord to state reasonable conditions.
- Not require prior consent but require you to notify and register your letting to the landlord through the managing agent.
- Not allow short lettings of less than 6 months .
- Require that any letting should be to a single household.
Mortgages and lettings
If the lease allows letting and you have a normal domestic mortgage you must seek the permission of the lender before any letting.
Consent of the landlord to a letting
If the lease requires the prior consent of the landlord to a letting then you should apply in writing to your managing agent. In order to give consent we will normally require the following:
- A copy of the proposed tenancy agreement.
- Confirmation that the tenancy agreement adequately reflects the rules in your lease and any other supplementary regulations for the block made under the lease.
- Your future contact details if a letting is made including a telephone number and/or email address.
- Confirmation of how you will continue to pay the service charges and ground rent after a letting. We will not accept that payments will be made by your tenant. It is your, the lessee’s, responsibility to pay. We will accept payment by a properly accredited lettings agent.
- The contact details for any lettings agent who will be responsible for your flat during the period of the letting.
- The payment of a reasonable fee for the administration involved in granting consent.
Registration of a letting
If the lease allows letting there will usually be a requirement to register the letting with the landlord normally no later than 28 days from the start of the tenancy.
In order to register we will require a copy of the signed tenancy agreement and contact details for you and/or your chosen lettings agent. If you sublet to a company and it in turn sublets to another, you are still responsible for registering that subletting.
We charge a reasonable fee for handling the registration.
Some common problems with lettings
There are common things which may go wrong with lettings which you can help to prevent.
Pets. If the leases or regulations at your block do not allow pets then your tenant cannot have a pet. If you are not sure if pets are allowed please ask your managing agent. Do make the position clear to your lettings agent.
Parking. If you have a designated parking space then do make sure that your lettings agent and tenant are quite clear where they can and cannot park. Give them a plan of the car park if necessary. If you are not sure of the parking rules at your block ask your managing agent.
Noise. Make sure your tenant understands any rules regarding noise. Most leases require no loud noises during the night. Living in flats is not the same as living in a house.
Satellite dishes. Most blocks do not allow lessees, and so any tenants, to erect their own satellite dishes. If you are not sure of the position in your block ask your managing agent.
Security. The security of the main entrance door is vital to the security of all the owners in your block. Make sure your tenant and lettings agent are aware of the importance of keeping the block secure and not allowing entry to strangers.
Responsibility for the behaviour of a tenant
In law you will always be responsible for the behaviour of your tenant. Further your landlord can and will pursue you for any misbehaviour of your tenant, whether you have made your tenant aware of the rules for the block or not. Why? Because your landlord has no contract with your tenant and so no legal status to pursue the tenant. If your tenant breaks the rules in the lease then your landlord will expect you or your lettings agent to take action to get the problem remedied.
Some other important points to remember before you let your flat
Obtain an energy performance certificate. This is a legal requirement before letting.
Get your gas and electrical appliances checked. You must give any tenant a copy of a gas safety record before they move in and this must be updated annually. Electrical appliances should be tested frequently.
Furniture. Any furniture must comply with the fire safety regulations for furniture and furnishings.
Minimise the risk of fire. Check with your managing agent that you have up to date fire safety instructions for the block so you can give these to any tenant. Inside your flat do you have suitable smoke alarms?
Deposits. If you take a deposit then by law it has to be in a protected in one of the government approved tenancy deposit schemes.
Insurances. The landlord of the block will arrange insurance for the structure of the block and common areas. Lessees need to check that their own contents insurance cover will be sufficient if they let the flat. If the flat may be unoccupied for more than 30 days do tell your managing agent. Most insurance policies make it a requirement to inform the insurer of such absences.