Marshalls

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Marshalls Property Services

Fees to: Tenant

All tenancies are subject to the approval of the landlord, and satisfactory references being obtained. All of Marshalls charges and fees are inclusive of VAT.

Holding deposit - A holding deposit equivalent to one weeks’ rent will be taken when an offer is accepted until all references; credit searches and tenancy documents are prepared and signed. This will be held for 15 days unless a different deadline is agreed in writing by the landlord and tenant. Should the tenancy not proceed, this holding deposit will be refunded in full unless the tenant withdraws for any reason or provides false or misleading information to the landlord or letting agent and –

(a) the landlord is reasonably entitled to take into account the difference between the information provided by the tenant and the correct information in deciding whether to grant a tenancy to the tenant, or

(b) the landlord is reasonably entitled to take the tenant’s action in providing false or misleading information into account in deciding whether to grant such a tenancy.

We will write to the person who paid the deposit within seven days of the holding deposit expiring to let them know the reasons it will not be returned.

Should the tenancy proceed the holding deposit will be deducted from the balance of monies payable prior to the tenancy commencing.

Tenant Referencing - This includes checks on identity, immigration and visa confirmation, financial credit checks, obtaining references from employers and landlords and any other information to assess affordability.

Security deposit - A security deposit equivalent to five weeks’ rent will be collected and protected in a government-authorised scheme. Any interest earned on the deposit shall be retained by Marshalls. Marshalls is a member of the National Federation of Property Professionals Client Money Protection Scheme through their membership of ARLA (The Association of Residential Letting Agents).

Other fees and charges - Changes of occupancy £50 administration fee per change of sharer subject to agreement with the landlord. The loss of a key to, or other security device giving access to, the housing to which the tenancy relates.

Unpaid rent/returned payments interest at 3% above Bank of England base rate from date due.

Property Ombudsman - Marshalls are members of the Property Ombudsman scheme for the referral of any complaints not satisfactorily resolved between parties.

Tenant Fees

To ensure your individual requirements are met, we strongly recommend the following to all applicants:

It is expected that you will make yourself aware of all matters that are in the public domain. You should therefore make enquries and searches, for example, of the numerous websites that provide information about properties, locations, services to properties as well as to transport links, schooling and environmental issues that would include noise, planning, flooding, pollution and congestion.

Holding Deposit

A holding deposit equivalent to one weeks’ rent will be taken when an offer is accepted until all references, credit searches and tenancy documents are prepared and signed. This will be held for 15 days unless a different deadline is agreed in writing by the landlord and tenant. Should the tenancy not proceed, this holding deposit will be refunded in full unless the tenant provides false or misleading information to the landlord or letting agent and
(a) the landlord is reasonably entitled to take into account the difference between the information provided by the tenant and the correct information in deciding whether to grant a tenancy to the tenant, or
(b) the landlord is reasonably entitled to take the tenant’s action in providing false or misleading information into account in deciding whether to grant such a tenancy.
The holding deposit will be deducted from the balance of monies payable prior to the tenancy commencing.

References

We apply to a credit reference agency for a financial and personal grading for each prospective tenant in order to satisfy the landlord that their property is likely to be well looked after and that the rent will be paid on time. These will include a credit check, references from an employer, an accountant and a previous landlord. For company lets we will review the company’s trading position.

If sufficient information has not been obtained it may be necessary to nominate a guarantor who will act as security for the term of the tenancy agreement. The guarantor must be a UK based property owner and will be referenced in the same way as the proposed tenant.

In some cases it may be appropriate to ask that all the rent is paid at the start of the tenancy, this is subject to the landlords approval.

The tenant’s references will if requested be forwarded to our client – the landlord. If the references are acceptable to the landlord we will draw up the tenancy agreement.

Identification

We will require evidence of the tenant’s identity before proceeding with the application. It is necessary to provide one of each primary and secondary identification as detailed below. One of these documents must be a photo I.D. (primary) and one must show the tenant’s address and be less than three months old (secondary).

Primary

  • Full Valid Passport
  • Valid HM Forces ID Card
  • Driving Licence (with photo ID)

Secondary

  • Original utility bill or original council tax bill
  • Original mortgage statement for the year just ended
  • Original bank statement for current account

Right to rent

We must check every tenant to ensure they can legally rent a property in England.

GUIDELINES FOR SHARED TENANCIES

Tenant responsibilities

When considering applying to take a tenancy with other sharers it is important to understand the obligations the tenant and their fellow occupants will be entering into. This guide highlights some of the issues that will need to be considered:

The tenancy agreement will make each sharer jointly and individually responsible for all of the tenants’ conditions set out in the tenancy agreement.

All parties to the tenancy agreement will have these responsibilities even if they leave the property before the end of the tenancy term.

Rent must be paid by standing order mandate unless otherwise agreed. Any rent not paid is the responsibility of all sharers.

At the end of the tenancy the inventory will be checked and all of the tenants will be responsible for any dilapidations even if they, as individuals, did not cause the dilapidations.

Only when all rent for the full term and any properly agreed compensation for any dilapidations has been accounted for will any of the deposit monies held be disbursed.

The tenant must supply information about the relationships between each occupant to enable the landlord to assess whether the tenancy being created will result in a House in Multiple Occupation (HMO)

TENANT RESPONSIBILITIES

In 1954, Lord Denning ruled that there is an obligation on every residential tenant to treat the property in a “tenant-like manner”. This means that the tenant must take proper care of the property; if going away for the winter, turn off all the taps and arrange for the tank to be drained; must clean chimneys when necessary; must unblock the sink when it is blocked; must mend electrical fuses and change electric light bulbs when necessary.

In addition, the tenant must not damage the property willfully or negligently, and must see that family or guests do not damage it. If they do, the tenant will be responsible for the cost.

The tenant’s full responsibilities are set out in the tenancy agreement.

TENANCY AGREEMENTS

It is important that the tenant reads their tenancy agreement carefully and ensure they understand its contents. Anything the tenant does not understand can be explained by us or, should the tenant wish to take independent advice, a solicitor.

Marshalls is not and cannot be a party to the tenancy agreement which is a contract between the tenant and the landlord. It must be understood that Marshalls has no responsibility for either party meeting their obligations to the other party.

INVENTORY

Before the tenancy starts, usually an inventory will be prepared to provide a detailed schedule of the contents and the condition of the premises. The inventory is a very important document because it can protect both tenant and landlord from disagreements at the end of the tenancy.

If the tenant chooses not to be present at the check in, the inventory clerk will sign the inventory and schedule of condition on the tenants behalf. It will not be possible to subsequently amend the document in any way other than with the agreement of the inventory clerk.

If the tenant decides not to be present at the check out it will not be possible to amend the check out report without the agreement of the inventory clerk.

STAMP DUTY LAND TAX (SDLT)

Stamp duty land tax is dependent on the rental calculation. An accountant will be able to advise you appropriately on this matter.

Who pays for SDLT?

SDLT is paid by the tenant. When SDLT is due the tenant must complete and submit a declaration form SDLT1 to the Inland Revenue within 30 Days of the date the tenancy commences or the date the lease was executed, whichever is the earlier.

PAYMENTS

Initial payment

The first rent payment and deposit must be received in cleared funds no later than 3 working days before the check in date. This is required by direct bank transfer.

Cash payments

Cash payments are not accepted.

Keys will not be released until cleared funds are showing in our bank account and all the paperwork has been signed by all tenants.

DURING THE TENANCY

Rent payments

After the initial payment, rent must be paid by one standing order for each payment period. The appropriate form will be given to the tenant upon signing the tenancy agreement. It is the tenant’s responsibility to submit the completed form to their bank in good time and to provide us with a copy as proof that payment arrangements have been put in place with their bank. We require this proof before access can be allowed to the property at the commencement of the tenancy. To ensure that the rent arrives on the correct day, it is important to date the standing order at least two days before the rent is due.

Utilities

The tenancy agreement makes the tenant responsible for the payment of gas, electricity, telephone and water charges. It is important that the tenant registers with each of the local utility companies directly in order to ensure continuity of service, and billing in the tenant’s name. The television licence, burglar alarm, cable TV charges and any local parking permits are also the tenant’s responsibility.

Council tax

The tenant is liable for paying council tax whilst tenants are occupying the property so it is important that tenants register with the local authority.

Insurance

The landlord is responsible for providing buildings insurance, and contents insurance for his own belongings. Tenants are required to make arrangements to insure their own contents and valuables, plus accidental damage to the property caused by the tenants.

PROPERTY MANAGEMENT

The tenant will be informed by letter when they move in whether we, the landlord, or the landlord's other representative will be managing the property during the tenancy.

Periodic property visits

If we are managing the property, we are instructed by the landlord to carry out property visits to ensure the property is being maintained. For this reason it will be necessary to arrange periodic property visits under the terms of the tenancy agreement. It is important that these visits are organised in advance in order that tenants are put to the minimum inconvenience.

We will inform tenants when we will be visiting. We hope that the tenant will be present during the visit, however, if tenants are unable to attend, we may use our management keys for access.

Gas & electrical inspections

During the tenancy it may be necessary for us to arrange gas and/or electrical safety inspections. If tenants occupy a property with British Gas landlord cover on the gas boiler, the tenant or a representative will be required be present at the property for inspections, to facilitate access. British Gas will not collect keys to visit a property.

TERMINATIONS

Natural end to a tenancy

During the last two months of the period of the tenancy, the tenancy agreement allows for access by the landlord and/or the landlord's agent, to show the property to prospective new tenants.

INVENTORY CHECK OUT

If tenants choose not to be present at the check out, the inventory clerk will sign the inventory and schedule of condition on their behalf.

Keys must be handed to the inventory clerk at this appointment, if tenants are not present at the check out they must ensure that all keys are delivered to Marshalls before the appointment.

The deposit return will be carried out in accordance with our standard procedures.

Responsibilities when vacating the property

Failure to comply with these requirements could seriously delay the return of the deposit and result in deductions being made from it.

At the end of a tenancy it is important to cancel the standing order for payments of rent. This is the responsibility of the tenant.

DEPOSIT GUIDELINES

Deposit

A deposit equivalent to five weeks rent is held for the duration of the tenancy to offset any costs required to remedy the failure of the tenant to fulfil the conditions of the tenancy agreement.

If Marshalls are instructed by the landlord to hold the deposit, we shall do so under the terms of the tenancy deposit scheme where the tenancy is an Assured Shorthold Tenancy.

Tenancy Deposit Scheme (TDS)

What is the Tenancy Deposit Scheme?

The tenancy deposit scheme (TDS) protects the deposits that tenants give to private landlords. It also offers a way of resolving disputes about returning those deposits.

Tenancy deposit protection schemes apply to all assured shorthold tenancies that started on or after 6 April 2007 in England and Wales where the annual rent does not exceed £100,000 year.

Under the Tenancy Deposit Scheme:

  • Deposits will be protected during the tenancy;
  • The person or organisation holding the deposit must return it to the tenant promptly at the end of the tenancy, provided there is no dispute.
  • Any dispute about returning it will be dealt with fairly by an independent case examiner;
  • The independent case examiner will decide the dispute quickly, and the deposit will be paid out without unnecessary delay. Tenants can check if their deposit is registered with the TDS by visiting www.tds.gb.com and going to the ‘Is my deposit registered?’ page. Tenants enter their unique tenancy code or their surname, the amount of the deposit, the tenancy postcode, and the date their tenancy started.

What are the legal requirements?

The Housing Act 2004 states that any landlord or agent who takes a deposit from a tenant for an assured shorthold tenancy must register it in an approved tenancy protection scheme. Landlords or agents who fail to do this within 30 days of receiving the deposit can be fined up to three times the value of the deposit as a result of court action. They also cannot serve a section 21 notice to end a tenancy and regain possession of the property until:

  • The deposit has been repaid; or
  • Legal proceedings for failing to protect the deposit have ended.

The Housing Act also states that:

  • The tenant must be told which tenancy deposit protection scheme their deposit is held in;
  • The deposits must be in money;
  • Landlords who do not give the tenant the information they are required to under the law about protecting their deposit will not be able to issue the tenant with a Section 21 notice;
  • The landlord or agent must give the deposit to the scheme operators when asked to do so;
  • Each scheme must have procedures for resolving disputes without legal action (using ‘alternative dispute resolution’), but the parties can go to court if they prefer.

If there is no dispute, the deposit holder must return the undisputed deposit amount to the tenant within of being asked to repay it.

The Act allows for deposits to be held in:

A custodial scheme – the money is held by an independent third party outside the landlord’s control

  • An insurance-based scheme – the money is held by the landlord or their agent, provided they have suitable insurance arrangements.

Each tenancy deposit protection scheme has its own rules. The rules for TDS are set out in the following documents:

  • The Tenancy Deposit Scheme for Lettings Agents and Corporate Landlords: Membership Rules
  • The Tenancy Deposit Scheme for Landlords: Membership Rules
  • The Tenancy Deposit Scheme Rules for the Independent Resolution of Tenancy Deposit Disputes You can view these documents at www.tds.gb.com

Who can join the Tenancy Deposit Scheme?

The Tenancy Deposit Scheme is open to landlords and regulated letting agents offering residential property for rent. They will be asked to provide relevant information – as set out in the TDS rules – to determine if they can be accepted as members, and what their subscription will be. Landlords and letting agents who wish to join must be members of one of the approved bodies mentioned below.

What is an approved body?

An approved body is any professional body, accreditation scheme or trade association that TDS has approved to give their members a streamlined application process and a reduced subscription. Approved bodies are also expected to take appropriate disciplinary action against their members who fail to comply with TDS rules. The following are all approved bodies: The Association of Residential Lettings Agents, Royal Institution of Charted Surveyors, the National Association of Estate Agents, the Approved Lettings Scheme and the Law Society.

How are deposits held and protected?

Normally, the tenant and landlord decide together where the deposit will be held, helped by any letting agent who is involved. The deposit-holder must be a member of the Tenancy Deposit Scheme. If there is a dispute about the deposit, the landlord or letting agent can try to resolve it. If that fails, any of the parties – landlord, agent or tenant – can take the dispute to the independent Case Examiner, who will:

Appoint an adjudicator to help consider the evidence provided by the landlord, agent or tenant; and
Aim to issue a decision within 28 days of receiving all the necessary papers.
If there is a dispute, what happens to the deposit?

The member should send the disputed deposit amount to TDS. After the independent Case Examiner has considered the matter, TDS will make a payment to the tenant according to the independent Case Examiner’s instructions.

If the member does not send the disputed deposit amount to TDS, TDS will take legal action to recover. TDS has a special cash fund that enables the independent case examiner to continue adjudication in these circumstances. If the member cannot pay what the independent case examiner requires, because it has become insolvent, TDS will pay instead and make claims to insurers.

How are disputes resolved?

The tenant has 20 working days to tell the member that they wish to dispute their proposed allocation of the deposit, and the member has 10 working days to resolve it.

If the dispute not resolved, the parties decide if they want to go to court, or to have the independent case examiner deal with it. This is what most people prefer. Either way, the disputed deposit must be sent to TDS.

The party who wishes to put the dispute to TDS must use the Notification of a Deposit Dispute form to state details of dispute, and provide any relevant supporting documents.Whoever is holding the deposit must send the disputed amount to TDS.

The Independent Case Examiner, working alongside TDS, will copy the details of the dispute to other parties, giving them 10 working days to send in their side of the story.

The independent Case Examiner will appoint an adjudicator to help it issue a decision within 28 days of receiving all the necessary paperwork.

The disputed amount will be paid out according to the independent case examiner’s decision with a further 10 working days.

Why is it better to resolve a dispute through the Independent Case Examiner than going to court?

Deposit needs to be resolved quickly and cheaply. Tenants usually need the money as a deposit on their next property, and landlords need to know how much will be available to spend on things like redecoration, damage or repairs. Going to court take time and can be expensive and stressful.

The independent case examiner’s successful adjudication process is based on an expert assessment of documentary evidence (which can also include photographs and video).

Do all landlords and agents have to join TDS?

No. They can join one the two other tenancy deposit protection schemes: The Deposit Protection Service and MyDeposits.

How much does it cost to join TDS?

You can find the current subscriptions for agents and landlords on the TDS website.

Provisional subscriptions for corporate landlords are available on application.

Where members submit data in hard copy to be entered on the tenancy database, there will be a charge for each document submitted. The data will not be entered until the fee has been paid.

Management of TDS

TDS is overseen by a Board, which is responsible for the operation and financing of the business. The board does not have any role resolving disputes.

Contact Details of TDS

Tenancy Deposit Scheme
PO Box 1255
Hamel Hempstead
Herts HP1 9GN

Tel: 0845 226 7837
Fax: 01442 253 193

Email: deposits@tds.gb.com
Web: www.tds.gb.com

TAXATION ON NON-RESIDENT LANDLORDS

Non-resident landlords are persons:

who have rental income, and
whose 'usual place of abode' is outside the UK
This includes anyone who leaves the UK for more than 6 months even though their local tax office may continue to treat them as a resident in the UK following their departure.
Members of HM Armed Forces and other Crown Servants including Diplomats are treated no differently from any other non-resident landlord. So if they receive UK rental income and have a usual place of abode outside the UK the NRL Scheme applies to them.

When rent is paid to the landlord via Marshalls we ensure all of the tax matters relating to the landlord are dealt with correctly and that the tenant has no liability. If the tenant pays the rent directly to an overseas landlord (as defined above) and the landlord does not pay the correct tax to HMRC it is possible that HMRC will issue a tax demand to the tenant.

This problem is avoided if the landlord has an Approval Notice issued by HMRC for rents to be paid without deduction.

DEFINITIONS

"Deposit"The Deposit is a sum of money paid by the tenant and held against any damages, or dilapidations to the property caused by the tenant, or for rent arrears or other breaches of the tenancy agreement by the tenant. The tenant will pay a deposit at the commencement of the initial term. We will hold the deposit as stakeholders pending the satisfactory termination of the tenancy.

"Guarantor"
A Guarantor is someone who guarantees all the obligations of another person. A tenant's guarantor is liable for all the tenant's obligations under the tenancy agreement.

"Ice"
The Independent Case Examiner of the Dispute Service.

"Offer"
An offer is the price and attendant conditions made by a prospective tenant who wants to rent a property.

"Stakeholder"
The term stakeholder, in law, is a third party who temporarily holds money while its owner is still being determined.

Guide to Tenants

Marshalls Property Services

 

Fees to: Landlords

 

1.0 Commission levels and charges

1.1 Letting and renewal service

12% of the total rent payable for the duration of the whole tenancy term, payable 12 months in advance.  For tenancies extending beyond the original term, Marshalls’ Renewal Commission is 12% of the total rent payable for the period after the original term, payable in full and invoiced 12 monthly in advance, including any further renewals.  

1.2 Letting, renewal and rent collection service

15% of the total rent payable, payable from and at the same frequency as rent received for the duration of the whole tenancy term.

1.3 Full management service

18% of the total rent payable, payable from and at the same frequency as rent received for the duration of the whole tenancy term. 

1.4 Rent protection service

3.6% of the total rent payable, payable from and at the same frequency as rent received for the duration of the whole tenancy term.

1.5 Additional fees and charges 

These fees and charges are reviewed on a periodic basis and charged at the rates currently in force at the time the invoice is raised.

Administration fee £280.  This is a fixed cost fee that can cover a variety of works depending on the individual circumstances of each tenancy, including but not limited to, negotiating the tenancy, taking and verifying references, verifying identity and drawing up contracts.  This charge is applicable per tenancy for up to two tenants.

Additional administration fee for tenancies with more than two tenants or Guarantor £70.  This is a fixed cost fee in addition to the Administration fee to include taking and verifying tenant and guarantor references and where necessary drawing up a guarantor contract.  

Change of tenant or change of contract during the tenancy £280.  This is a fixed cost fee to cover the costs of negotiation, referencing and drawing up contracts.

Renewal fee £140 for arranging the necessary documentation and sending out for signature.

Preparation of an inventory report by an independent inventory clerk – variable costs dependent on the size and content of the property.

Check in and out of tenant by an independent inventory clerk – variable costs dependent on the size and content of the property.

Preparation and service of the most appropriate form of possession notice to the tenant £140. 

Fee for the preparation of documents and submission to the Tenancy Deposit Scheme in the event of an unresolved dispute £230.

Fee for the preparation of an EPC £140.

Major works co-ordination fee for works over £1,000, 12% of the total cost of the works.

Additional requested visits to the property £140 and when required to accompany a contractor £95 per hour.

Lodge and process any insurance claim 12% of the cost of the works.

Abortive tenancy fee should the landlord not wish to proceed with an accepted offer to cover services supplied £500.

Copies of previously supplied documents £17.

Quarterly submission of tax to HMRC for non-resident landlords without an approval number £80.

Vacant management service 50% of the management fee based on an agreed rental.

2.0 Description of Services

2.1 Letting and renewal service  

Advise on the market rent and find a tenant in accordance with the landlord’s guidelines.

Advise on refurbishment and preparation of property.

Provide guidance on compliance with statutory provisions and letting consents.

Market the property and advertise on relevant portals.

Erect board outside property.

Advise on non-resident tax status and liaising with HMRC concerning rental income.

Carry out accompanied viewings.

Arrange collection and holding of a security deposit if appropriate. 

Collection of first months rent and where possible, arranging for subsequent rents to be paid by standing order into the landlord’s bank account. 

The commission fee and other tenancy invoices will be deducted from the first rent payment. 

If agreed arranging for an inventory clerk to make an inventory of the furnishings, fixtures and fittings of the property.  

Arranging for the inventory clerk to check the tenant in at the beginning of the tenancy and out at the termination of the tenancy, subject to being advised by the landlord and tenant. 

2.2 Letting, renewal and rent collection

All above items in section 2.1 plus:

Collection of rent.

Transfer of rent into the landlord’s account excluding our fee.

Submitting regular statements.

Operate rent arrears process should rent not be received.

2.3 Full management 

All above items in sections 2.1 and 2.2 plus:

Liaise with utility suppliers.

Arrange routine repairs and instruct approved contractors.

Set up a float to deal with day-to-day management.

Arrange the necessary gas, electrical and other legal reports required to fulfil statutory obligations.

Carry out an annual property visit.

Provide an emergency out-of-hours service.

Deposit negotiations.

2.4 Rent protection

Marshalls will cover the rent and legal costs should a tenant default on rental payments during the term of the tenancy.  Full terms and conditions of the cover are outlined within the Marshalls rent and legal costs protection plan document.

Property Ombudsman - Marshalls are members of the Property Ombudsman scheme for the referral of any complaints not satisfactorily resolved between parties.

Client Accounts

Marshalls operates a designated Clients Account and is part of the Propertymark Client Money Protection scheme through our membership of Propertymark.

Landlord Fees

Valuation

With our free, no obligation valuation, we will look at comparable properties, local prices and market trends, and give you honest impartial advice, including any action you can take to maximize rental potential.

Energy Performance Certificates (EPCs)

An EPC is mandatory if you intend to sell or rent your property.

EPCs will provide information on a building's energy efficiency using a sliding scale - 'A' being the most efficient, to 'G' the least efficient. In addition to the Energy Efficiency Rating (relating to running costs), the EPC will also show the Environment Impact Rating (relating to the carbon dioxide emissions).

Properties rented out in the private rented sector have to have a minimum energy performance rating of E on an Energy Performance Certificate (EPC).

Only qualified, accredited domestic energy assessors and qualified, certified home inspectors can produce EPCs for domestic properties. They analyse how homes are constructed, insulated, heated and ventilated, and the type of fuel being used.

Once your property has been given an EPC, it gets a unique number and is registered on a national database by the assessor. You can download extra copies by using the report reference number on the top right-hand side of the certificate.

EPCs with Marshalls

Marshalls use accredited DEA’s (Domestic Energy Assessors) who are registered with the appropriate accreditation scheme and they are required to have passed a basic Criminal Record Bureau (CRB) check.

If you are intending to sell or let your property through Marshalls and require an EPC, then we can arrange this for you - the relevant selling or letting member of staff will be able to provide you with full details. Likewise, if you are not selling or letting, and would like to order an EPC with Marshalls, please contact us.

Your Questions Answered

Residential Lettings can make sound commercial sense, whether you need to gain income from your home if you are not using it for a while, or whether you intend to purchase property for investment purposes.

When should I instruct an agent?

It is advisable to consult us when you first contemplate venturing into the lettings market. This will enable you to take advantage of our experience in the lettings business, obtain guidance on what kind of preparation is necessary before putting your property on the market and the level of service you require.

Can you advise me on property to acquire for letting purposes?

Our contact with prospective tenants keeps us fully alert to changes in the demand for rental properties and the standard required. We will be happy to discuss with you specific properties and give guidance on the rental to be expected without obligation.

How much furniture should I provide – If any?

There are no hard and fast rules about what constitutes a furnished property. We have a checklist of items we could consider necessary in order for a property to be classed as fully furnished but this is optional. As a bare minimum a property should contain at least window dressings and kitchen appliances of good quality in order to secure a quick let in this area.

Whether you furnish a property is also dependent on the size of the property. It is worth noting that furnishing a property does not necessarily affect the rental price.

Does a property need to be newly decorated?

The lettings market is sophisticated and highly competitive; therefore it is essential that the decor is to a high standard in order to let the property quickly and at the best possible rental. For those unable to devote time and effort to supervising such works, we can arrange decoration and furnishing through our numerous trade contacts. Our detailed knowledge of tenants’ requirements will ensure that the property is ideally suited for the lettings market. This service can be provided when the property is available for the first letting and at a later stage if the property needs redecoration.

What are my legal responsibilities?

There are certain basic requirements that have to be met to comply with legislation and ensure your property is and remains safe for any prospective tenant.

Marshalls will be able to assist you with arranging the necessary gas, electrical and other safety checks your property will need in order for you to meet your legal responsibilities.

How will letting affect my insurance?

Most insurance policies covering household contents relate only to owner occupied homes, therefore it is important to advise your insurers that the property is to be let and check that it is fully insured against normal risks. In the case of a flat, building insurance is usually paid from the service charge and arranged by the managing agents, but it is wise to obtain confirmation.

It is possible to secure an insurance policy specifically designed to cover tenanted properties and we would be able to supply further information if required. Tenants are responsible for arranging insurance cover on their own personal belongings taken into the property.

Will letting affect my mortgage?

Before letting you should consult your bank or building society if there is a mortgage on the property. They may wish to approve each letting and we can liaise with them on your behalf if so required. It is wise to obtain consent from them in principle before marketing the property to avoid unnecessary delays when negotiating a tenancy.

How long will it take to find a tenant?

This is difficult to predict and will vary according to the standard of the property, demand and even the time of the year. It is important, therefore, that you advise us as quickly as possible that the property is available to minimize the vacant periods.

My property is leasehold – is this significant?

If your property is leasehold, your lease will specify whether it is necessary to obtain permission to sub-let from your landlord or the managing agent. Normally they will require copies of proposed agreements and references prior to the commencement of a tenancy. We are experienced in dealing with this if you wish us to handle it on your behalf. It is wise to clarify the situation before marketing the property as some landlords place restrictions on the type of sub-letting which will be approved.

How much rent can I ask?

Many factors can determine the rental value of a property including the size of rooms, location, and prevailing market conditions. Marshalls will be please to inspect the premises and provide an assessment of rent achievable, without obligation.

What is included in the rent?

A landlord is usually responsible for payment of ground rent and service charges if applicable. Marshalls normally advise that the tenant will be responsible for the water, sewerage and council tax costs as well as utility and telephone charges.

What kind of tenancy agreement is most appropriate?

There are many different types of tenancy agreements and changes in the law and its interpretation mean that our agreements are constantly reviewed. The type and length of agreement most suitable will vary according to the requirements of the landlord and the tenant. Marshalls will be pleased to discuss with you the most appropriate form of agreement for your property and, if necessary, finalise negotiations between the two parties’ solicitors.

Who is responsible for council tax, water rates, gas, electricity and telephone charges?

The tenant is usually responsible for payment of utility and council tax bills. For managed properties, we will notify the relevant authorities that a tenancy has been agreed, request that the accounts be transferred and arrange for meter readings to be taken at commencement and termination of each tenancy.

How will you market my property?

We have extensive contacts (companies and private individuals) looking for quality homes to rent. We advertise in the local press and on-line portals such as Rightmove, On The Market and of course our own website and social media accounts which reaches a worldwide audience. We also give advice to ensure that your property is presented in a planned and strategic way, targeting the most suitable tenants.

Who will show the property?

We are trained to emphasise the finer features and benefits of the properties we show and will always accompany prospective tenants even if the owner is present.

Do I need a solicitor?

We have standard tenancy agreements which are available for your use. However, you may wish to involve your own solicitor, especially if there are special circumstances to be taken into account or you wish to receive independent advice.

How will you check the reliability of the tenant?

Any terms negotiated on a tenancy will be subject to obtaining satisfactory credit references for the tenant. The type of reference we will obtain for your approval may vary according to whether the tenant is a company or private individual. We also conduct Right to Rent checks and ID checks to ensure you meet all statutory requirements.

How will safety regulations affect me?

At Marshalls, we endeavour to keep you informed of legislation affecting you as a landlord and we will be pleased to talk to you about these regulations and, in addition, arrange for safety checks to be carried out.

What deposit does a tenant pay?

A tenant pays a deposit as security against damage, breakages or other liabilities as assessed at the end of the tenancy. The deposit is held in a Tenants' Deposit Scheme (TDS). The deposit is negotiated to an amount roughly equivalent to five weeks rental.

Do I need to make an inventory?

We recommend that a professional inventory clerk is appointed. The inventory will contain a full list of the contents of the property with a detailed schedule of condition of the contents and decorations. The schedule can be used for subsequent tenancies with amendments as necessary. The inventory clerk will then carry out inventory checks in the tenant’s presence at the commencement and termination of each tenancy. At termination, the clerk will prepare a schedule of dilapidation's for use when assessing any deductions to be made from the deposit.

What does your property management service offer me?

Our management service provides specialist assistance at all levels. Our full management service means that Marshalls takes responsibility for all aspects of the tenancy including demanding rent, holding of deposit as stakeholder, payment of all routine outgoings on your behalf and handling all planned and emergency repairs within agreed financial limits. We have negotiated preferential rates with many contractors to ensure that work is carried out cost effectively. Many landlords, used to dealing with other agencies, have been very pleasantly surprised to find that our management service not only saves money but contributes to the long term success of their tenancies. At the end of the tenancy we will arrange cleaning, repairs and replacement of any missing items.

Will I have to pay more tax?

Income tax is payable on rental income arising from property in the UK, regardless of the residential status of the landlord. Please note it is advisable to get clarification from an accountant on how much tax you will be liable for.

What are your fees?

We offer a range of services specifically designed to meet our landlords varied circumstances. Our fees are highly competitive and are listed separately under Landlords Fees. Please contact us to discuss your particular requirements.

Why come to Marshalls?

Letting a property need not to be a complicated operation but, with the present complex laws relating to the letting of residential property, it is essential that you minimise the risk by choosing a professional agent to represent you. Marshalls are the experts in residential lettings and property management and are able to offer a very efficient, cost effective and personal service.

Guide to Landlords