Guidance When Sub-Letting a Flat If you are sub-letting your flat or if you are thinking of doing so, please read this Guidance

Note carefully. It is important that you fully understand your legal obligations and also that

you make sure that your sub-tenant is familiar with the property and its equipment. Some of this guidance will seem very restrictive, however, you must appreciate that

Remus Management Ltd, as agents will only enforce those matters that the Freeholder

or a Residents Management Company wish us to enforce. Most do demand quite strict

compliance with your lease. This is general guidance which is not intended to be comprehensive. You should refer to

your specific lease any specific regulations relating to your Estate. We would also

recommend that you take advice from your Solicitor and Letting Agent in relation to all

statutory requirements both in relation to letting generally and Health, Safety and Fire

issues. This guidance is given on the basis that we accept no legal liability for such guidance.

We retain the right to alter or amend these Notes at any time without notice.

1. Legal Obligations

You are liable, in accordance with your lease, to comply with all of the various obligations

included in it. This will usually include obligations to keep the property in good repair and

complying with all of the regulations in the lease. If you sub-let your flat, you will be liable for the actions of your sub-tenants. So if your

tenants behave unreasonably or break any of the regulations in the lease, action will be taken

against you (not them). In order to minimise the risk of such actions being taken against you

we recommend that:-

You are very careful about taking up references for any potential sub-tenants before

letting your property to them.

You spend some time acquainting your sub-tenants with all of the facts contained in

this guidance that are relevant to your property.

If a complaint about your sub-tenants is received you take immediate action to

investigate and resolve the matter before it is escalated into a costly action against

yourself (such action may be brought by other residents, the freeholder or a residents

management company and you may well be liable for their legal costs).

2. Before Sub-Letting

Check if you are permitted to sub-let in your lease, if in doubt ask Remus, your freeholder or

your solicitor. If you are allowed to sub-let check what conditions the lease makes in relation

to who and how you can sub-let the property (some leases restrict the sub-tenants to a single

family or exclude letting to students, the majority of leases do not permit sub-letting of part

only of the flat). You may not let your flat if there are any forfeiture proceedings against you until such time as

these proceedings have been resolved. If you have a mortgage, you will probably be required to seek permission from your

mortgagor to sub-let unless to have a Buy-to-Let mortgage. If your lease requires the Freeholder’s/Residents Management Company’s permission to sub-

let, make sure you apply for such permission in good time. Most Freeholders/ Residents

Management Company’s delegate this responsibility to Remus Property Management but

require us to see details of the form of sub-letting and at least two references for your

proposed tenants. Such permission is usually needed for each sub-letting. Please note that many leases only allow occupation for residential purposes by a single family

(as mentioned above). If such a condition is in your lease you may not let for multiple

occupation. Equally the flat may not be used for any commercial purposes. Short term service

lettings by the day or week are regarded as carrying on a business and not residential

occupation. You should make sure that your property is compliant with all fire safety legislation and you

have current electrical and gas certificates in place and that the flat and any contents comply

with all current Fire and other safety regulations. Particular attention should be paid to Front

doors being compliant with Fire regulations and smoke/fire detection being present inside the

flat. Where you are using a letting agent, make sure that they have a copy of these guidance notes.

Leases practically never allow them to affix or post any signs to/at the property. It is your

responsibility to ensure that they do not do this. If they do, you may be asked to pay for the

removal of the signs should we be instructed to remove them (we have standing instructions

from some Freeholders/Residents Management Companies to remove these as soon as we are

aware they have been put up).

3. Upon Sub-Letting

You must normally let us know when you have sub-let. Nearly all leases require you to advise

the Freeholder/Residents Management Company (and/or their agent) of any sub-letting. In

doing so we require:

An address where we can communicate with you and send bills etc. A contact telephone number where you can be reached in an emergency (along with

an e-mail address if you have one).

If you are going to be living abroad, it is a statutory requirement that you give us an

address in the UK where documents van be served upon you. We will also need

details of your letting agent to contact in an emergency.

4. The Flat

Please make sure that your tenants are familiar with your flat and its operation. In particular:- Location of fuse boxes and meters

Main water/gas inlet valve so that water/gas can be turned off in an

emergency Door entry system Internal Fire and /or smoke alarms

Action to take in the event of a fire, both within the flat and also within the common

parts of the flat. Failure to do so may leave you liable for any death or injury that

occurs within the property

Request that your tenants do not overload the electricity supply to your flat

Request that your tenants to do not use exposed candles.

5. Health and Safety

Please ensure that you familiarise your tenants with what to do in the event of a fire. Make

sure that they know the escape route (and the procedure if the escape route is blocked) from

your flat and where to congregate outside. They must be aware they may not use any lift. If there is no emergency lighting system in your block of flats, please ensure that a heavy duty

torch with a fresh battery is stored close to any exit. Instructions as to action in the event of a fire should be prominently displayed in your flat.

Advise your tenants that they may not store combustible materials in your flat or on the

Estate. Request your tenants, in the event that they are away from the property for more than a few

days, ensure that all gas and water is turned off at the main inlet valve.

6. Emergencies

Make sure that your tenants know who to contact in the event of an emergency, preferably

with a 24 hour telephone number. Please do not give them our number or our out of hours

number. We have no responsibility for your internal demises and usually have no ability to

help them, in addition calls to our out of hours number which do not relate to the common

parts may incur excess charges which may be recharged to yourselves.

7. Block and Estate Security

Please make sure that your tenants understand that they must ensure that they do not allow

anyone into the Block or onto the Estate, except those that are there with their permission. Where there is an entry-phone or electric gate system, they must not “buzz-in” anyone

without firstly identifying the visitor as one that they are expecting. They must not allow

access to anyone who claims to be visiting another flat.

They must keep keys and entry codes secure. If keys to the Block are lost or mislaid they must

report such loss to us so that the locks can be changed. The costs of such changes will fall to

your account which you will no doubt recover from your tenants’ security deposit. You must emphasise that all fire doors must be kept closed at all times.

8. Regulations

Many blocks of Flats have specific regulations relating to the occupation of the Block. If such

regulations are in effect at your Block please ensure that your tenants have a copy of these

regulations.

9. Moving In

Frequently we have sub-tenants damaging the paintwork when they are moving in and out,

often as a result of carrying furniture to and from the property. You need to make it clear to

your tenants that if they have bulky items that could potentially cause damage, they must take

protective measures to avoid any such damage. You will be charged for any restorative work needed as a result of actions by your tenants. As

such you should ask your agent to check for damage to the common parts as well as your

property before releasing any security deposit.

10. Keep Common Parts Clear

Please make it clear to your tenants that they may not store items in the common areas or

stairway. Items such as bikes and pushchairs must be taken into the flat or stored in an area

specifically designated for them. No responsibility is accepted on our part for any financial loss as a result of us arranging the

removal and disposal of items being stored in the communal areas.

11. Smoking

Smoking is NOT permitted in any of the enclosed common areas. This is a legal requirement

that you should emphasise to your tenants. Smoking outside the building must not cause inconvenience to any other residents. Usually a

distance of 15 feet from of any other flat or the communal entrance will be a sufficient

distance to ensure this.

12. Satellite Dishes and Signs

It is a usual requirement of a lease that no satellite dishes or signage of any kind may be

placed on any patio, balcony or the exterior of the building. Please ensure your tenants are

aware of this and comply, you will be responsible for any costs incurred in removing such

items and your tenants may also be very irritated if they have their satellite dish removed

hours before the big game/movie

13. Laundry

It is a usual requirement of a lease that no laundry may be placed to dry on the outside of the

building or any patio or balcony where it is visible. Please check your lease on this point and

if it is not allowed please ensure your sub-tenants are aware of the requirement. Some blocks of flats have specific drying facilities. If this applies to your block please ensure

that your tenants are made aware of the location of such facilities.

14. Parking Spaces

If you have a demised space, please make sure that your sub-tenants know which space it is.

They may not park in someone else’s space. Visitor’s Parking spaces are only for genuine visitors to the Estate. You must make it clear to

any sub-tenants that they may not use the visitor’s spaces to park their motor vehicles. If they have two cars and you only have one demised space you should make it clear to the

sub-tenants that they will have to park one of their vehicles off the Estate.

15. Parking Restrictions

Most leases only permit parking by private vehicles in a roadworthy condition. If this is the

case with your lease you should make it clear, to your tenants, that they cannot park

commercial vehicles on the Estate; or any vehicles that do not have a current road fund

licence. A demised space is usually restricted to parking only. Repairs to vehicles may not usually be

carried out in a demised space where this is the case you should ensure your tenants are aware

of it. Where there is a parking scheme on the Estate, you must make sure that your tenants are

provided with a parking card or disc and explain to them the consequences of parking without

such a card or disc being prominently displayed. No petrol or oil may be stored in the flat, any garage or any of the common areas.

16. Rubbish

Please make it clear to your tenants that rubbish must not be left in the common parts and

normal household rubbish must be disposed of in the containers provided. Where there is a

recycling programme, your tenants must be informed of it and should comply with it. It is the responsibility of your tenants to dispose of non-household rubbish. This may mean a

trip to the nearest tip or paying a licensed firm to remove it. Non household rubbish must not

be left in the common parts. If it is necessary for us to remove rubbish that has been left by your tenants we will pass any

costs incurred on to you for you to recover from your tenants or their security deposit. There is an absolute prohibition on burning any waste or rubbish at all premises or in any of

the common parts.

17. Noise and Nuisance

Your lease will almost certainly contain restrictions on noise and a general restriction on any

form of nuisance that may affect other lessees and occupiers of the other flats. You must, therefore ensure that your tenants are advised that they must have consideration to

other residents and in particular should keep noise down, avoid having the TV volume up and

not to play music late at night. Most leases require floors to be kept carpeted. If this is the case in your lease you must ensure

your floors are suitably covered before sub-letting the property and make it clear to your

tenants that the flat must remain carpeted at all times.

18. Use of Garden

Where there is a shared garden, it is intended to be for the benefit of all residents to share and

enjoy. In order to do so, consideration needs to be given to the quiet enjoyment by all

residents. Please make sure that your tenants are familiar with their rights to use the garden

and any restrictions applying thereto. Generally there will be:

A restriction on ball games. A restriction on playing radios or any other musical instruments above talking

volume.

A restriction on cooking any food in the shared

garden A restriction on any individual bonfires A restriction on pets except on a leash. A prohibition on allowing pets to foul any part of the garden.

In addition your tenants should not interfere with the garden or seek to take any part of the

garden for their exclusive use.

19. Pets

Your lease may contain a restriction on pets, if this is the case please make sure that you do

not let to any tenants that are going to bring pets onto the estate or into your flat in breach of

the lease. Where pets are permitted, please ensure that your tenants are aware that such pets must be

kept under control, must be on a leash when in the common parts and must not be allowed to

foul any of the common parts including the gardens. Some pets need exercise and you must make sure that where tenants are bringing pets into the

flat, there are arrangements for exercise throughout the day. Dogs that are howling whilst their

owners are out at work are a major nuisance to other residents. Under no circumstances may any pets be allowed to roam in the common hallways and shared

gardens.

20. Alterations

Your lease will probably contain a prohibition on carrying out any alterations to the flat.

Please make sure that your tenants are aware of this.

21. Sub-Under Letting

It is common to come across the situation where a flat is sub-let and then the tenants

subsequently invite others to share or let rooms. This may well be a breach of your lease as

well as probably being in breach of any tenancy arrangement that you may have with them. If

this is in breach of your lease you should make it clear that such actions are forbidden.

22. Commercial Use

Except for live/work units, you should make it clear to your tenants that they may not

undertake any trade or business from the flat.

23. Damage to Flat

There is usually a requirement to keep your flat in good repair. You should therefore make it

clear to your tenants that they must keep the flat in good repair and in the event that any

damage is caused, arrangements must be made forthwith to repair it.

24. Damage to other flats

If your tenants behave so as to cause damage to another flat(s) or any common parts you will

be liable for any costs of fixing the damage. This could typically arise from allowing a bath or

sink to overflow with water flooding the flat below, damaging the front door lock because

they forgot their key or as mentioned above moving in or out.

25. Insurance

Nothing must be done that may affect the insurance on the building. In particular

You must ensure that the flat is let in accordance with the terms of the lease. If the

Insurer has been told that the Estate consists of flats solely let to single families for

residential purposes and it later transpires that a flat is being use for multiple

occupation or commercial purposes, the Insurer may refuse to meet a claim or may

insist on a higher premium. Such costs would potentially fall to your account.

You need to ensure that your tenants do not do anything that might give rise to a claim

or an increase in the Block premium. So, for instance, ensure that there is no

overloading of electricity, minor water leaks are dealt with immediately, there are no

sources of naked flame in the flat and all furnishing materials are flame retardant.

Your tenants must do nothing to invalidate the insurance, including for instance

leaving fire doors open, smoking in the common parts, starting fires in the garden or

block and committing arson for example.

26. Inspection by Freeholder/Residents Management Company

Nearly all leases grant the Freeholder and the Residents Management Company power to

enter the flat, usually on reasonable notice but without notices in cases of an emergency. You

should advise your tenants of this and make sure that they allow access to the Freeholder and

the Residents Management Company when requested.

27. General

It is important to appreciate that it is you as the Lessee of the flat who remains responsible for

any actions of you tenants. We therefore suggest:

That either you or your letting agent carry out inspections (unannounced) on a

regular basis to ensure that your tenants are complying with the terms of their

tenancy and of your lease.

That you ensure that you obtain an adequate damage deposit.

That you consider taking a “Landlord’s” insurance policy (that are now

available and often include landlord’s contents insurance) in relation to your

flat. These Guidance Notes are in a general form and may not apply to your particular circumstance. Please take

advice in respect of your obligations under your lease from your Solicitor and Letting Agent when sub-letting.