Newbie landlord... what legal documents do I need? (& other q's)

marking_bad

What safety checks do I need to do before I can legally rent my house out?

Is there a good beginners guide to being a landlord? Very much a newbie here so be gentle. I had a quick look at landlord zone but couldn't see a check list of some sort.

BitterAndTwisted

Please don't mess about, you need to join a landlords association before you do anything about letting any property. You will receive all sorts of sensible advice from them.

Is there a gas supply to the property and is it in England and Wales?

Hammyman

Landlords Gas Safety Certificate, Tenancy Agreement, Inventory.

marking_bad

I assume an inspection is required, what can I expect from the gas safety certificate inspection?

What makes a tenancy agreement legally binding? Can I just print one off the internet, have us both sign it, and that's it, or does a solicitor need to be involved?

I don't think inventory is a problem, I am letting unfurnished, but it's to a family member anyway.

BitterAndTwisted

A contract exists as soon as someone has occupation of the property and rent is paid in exchange. The only thing that's not explicit are the terms and conditions.

DO NOT PRINT A TENANCY AGREEMENT OFF THE INTERNET! Even some experienced letting agents draw up nonsensical ASTs with unenforceable clauses, so this is most definitely NOT someting for the inexperienced to draw up.

The fact that you are considering renting to family is also ringing very loud alarm bells with me. A situation like that is fraught with potential problems. How willing would you be to evict your family member for non-payment? Have you heard of a "contrived tenancy" should your family member lose their job and needed to apply for LHA?

Please, please, please join a landlords association before you proceed any further! Once joined you can get help understanding your responsibilities and acquire a decent AST.

marking_bad

I have heard of a contrived tenancy, I asked about it earlier, what we are doing is not a contrived tenancy.

Unenforceable clauses are just ignored aren't they, if they are illegal I mean?

poppysarah

EPC, Gas cert.
Permission to let. (Some tenants are asking this of landlords now)
Insurance to cover the property properly as a let.

marking_bad

Is the EPC, gas cert the same thing? Who is best to contact to do this and what should I expect?

Permission to let, I've converted my mortgage to buy-to-let, is this enough?

I have buildings insurance, I assume the contents will be insured by the tenant?

BitterAndTwisted

For a gas safety cert you will need the appliance to be inspected and signed off by a GasSafe engineer. This will need to be done annually. Dunno about and EPC, sorry.

tartanterra

1. A decent lease agreement - You need to protect both yourself and your tenant.
2. Get an inventory carried out - a good one should run to about twenty pages detailing every aspect of the property from electricity and gas meter details down to scuff marks and scratches.
3. Energy Performance Certificate - no one ever looks at them, but the are a legal requirement.
4. Periodic Inspection Report - Ensure your electrical installation is fit for purpose. Most leasing agencies will not take on a property until this has been carried out.
5. Gas Safety Certificate - required for ALL gas appliances in the property, and really,..a no brainer.
6. Permission to let - If you don't own the property, then get your mortgage providers permission to do so.
7. Insurance - you are now running a business! Get proper landlords insurance.

Good luck!:D

marking_bad

Cheers for the replies so far, so the EPC and gas certificate are different things, I've just had an EPC check I think.

Couple more questions... tenant wants to move in unfurnished, stuff that I don't keep or sell, should I give it to charity or take it to the tip? Ie, will charities want a sofa and a bed frame (I assume they definitely wouldn't want the matress). I was thinking freecycle but I don't have much time to advertise stuff.

Who is responsible for things like the appliances, like the oven, if the oven breaks, is it up to me or the tenant to fix such items? Is that something that will be set out in the AST?