Landlords

Landlords’ Obligations
Subletting/Renting out of flats
Subletting and buildings insurance policy
Gas Safety
Multiple Occupancy
Short term lettings

Landlords’ Obligations

If you are a Landlord, there are obligations that you must undertake to ensure that buildings insurance and other important matters continue to be complied with, particularly if you are renting out a flat. A Landlord is classed as someone who rents their property out in full (e.g. the whole flat) or in part (e.g. continues to live in the property but with a tenant). Below are a few terms.  Additional information can be found on this website and in your legal documents such as Transfer, Lease or Covenant.

Subletting/Renting out of Flats

If you are subletting (renting out) your flat, clause 14.4 of your lease requires you to service notice in writing to both the Manager (Brockwell Gate Management Company Limited) and the Lessor or their agent (Estates and Management). You may download a copy of the Manager’s notice here and the charge for serving notice to the Manager is £20.00 (twenty pounds).

A charge is also payable to the Lessor’s agent (please contact Estates and Management in order to confirm the fee). Notice and payment to both parties must occur within 21 days of the subletting. You can find contact details for the freeholder’s agent, Estates and Management, here.

Please also ensure that we know the identity of the tenants and have at least one emergency telephone number (ideally mobile) of the head tenant. You may like to do so on the form.

We will also need a current correspondence address and other contact details for yourself as landlord and any other agency acting on your behalf (e.g. managing agent).

Please advise your tenant of this website and ensure that they are familiar with the rules of the development and all terms of your lease or transfer, as the owner is still liable for all breaches of terms. In particular, please ensure that your tenants respect the rules and the lives of their neighbours regarding parking, noise, refuse and recycling, cleanliness and other restrictions detailed on this site. Where the actions of your tenants cause expense or loss to shareholders, BGMCL may apply management and administration charges to your service charge account.

Ensure that any vehicle (car or motorcycle) belonging to the tenant is identified to the company. Please inform tenants that there is no space on the development for the multiple parking of cars, and that not all properties have a parking space. You will need to identify the parking space for your property to your tenants if you have one. If not, they may park where there are no road markings (bays or red lines). Overnight parking of commercial vehicles is not permitted.

Subletting & Buildings Insurance Policy

Please familiarise yourself with clauses in the buildings insurance policy if you are subletting your flat. The policy will continue to apply if:

– the tenant is sourced via a letting agency for a mimimum period of 6 months, and
– the tenant is in full time professional employment.

Tenants who are students, DSS, asylum seekers, unemployed or renting directly from the landlord must be informed in writing. This can be done via the notice of the subletting form.

  • Please download the property update form and complete it detailing your contact details and emergency contact details for the tenant and letting agent. Please send to the address given on the form by Royal Mail or by scanning and emailing. You may download the property update form here.

Gas Safety

Landlords must comply with Gas Safety (Installation and Use) Regulations 1998 regarding statutory obligations to maintain gas appliances that they own. By law, all landlords are required to arrange for a Gas Safe registered engineer to check all gas appliances and flues within 12 months of being installed and then at least every twelve months. They are also required to complete any necessary maintenance and repairs of gas appliances, flues and pipework. According to the HSE, Landlords include people who have a lodger. For a complete list of who the regulations apply to, click here. For further information, please visit www.hse.gov.uk/gas/landlords

Multiple Occupancy

Flats and houses may only be used as one private dwelling house in the occupation of one household only. Properties must not be sub-divided into individual parts or rooms for letting purposes. This covenant will be strictly enforced.

It is a legal requirement to notify the council, Lambeth, of multiple occupancy.

A House in multiple occupation (HMO) is a house or flat which is occupied by three or more people who do not live as a single household (such as people in a family relationship) and where they share one or more basic amenities, such as a bathroom, toilet, or cooking facilities. Bed sitting accommodation and houses or flats occupied by sharers are examples of HMOs.

Short Term Lettings

Houses and flats must not be let on short-terms agreements. Rentals and tenancies must be for a minimum period of six (6) months. This is extremely important and forms a key part of the buildings insurance for flats. This is stated in the paragraph 21 of Schedule D in the transfer for houses, and equally in the lease for the flats.

Following on from the above point, it is not allowed to rent out properties under AirB&B and other similar sites as these are based on short term rentals.

Back to Top