Landlord Regulations – the bare essentials.
General and Safety Information
As a Landlord you are required by law to ensure that your property is safe for any prospective Tenant prior to occupation. The regulations detailed below outline your responsibilities as a Landlord and should be complied with. If you require any assistance or advice in respect of the following information, we will be happy to help.
Should you require assistance in ensuring that the relevant gas/electrical safety inspections are carried out, then we can arrange these certificates on your behalf.
The basic Statutory Landlord Obligations.
Gas Safety test on gas boilers, gas fires, gas hobs – or any other gas appliance.
Gas Safety (Installation and Use) Regulations 1998
- To be carried out by a Registered Gas Engineer (Capita replaced the Corgi registered engineer). All engineers since April 2009 – must now be registered with Capita.
- Tenants must be provided with a written report on the condition of each appliance. Any defects found must be rectified quickly and the repair noted. All tenants must be able to view this certificate within 28 days of moving into the property.
The Electrical Equipment (Safety) Regulations 1994
- All appropriate electrical equipment supplied in a property must comply to safety regulations. Whilst there is no mandatory requirement to undergo testing any person supplying electrical equipment must ensure that it is safe, will not cause danger and satisfies the requirements of the regulations. This requires electrical equipment to be safe and constructed with good engineering practice. Although there is no mandatory requirement to have appliances checked, or any stipulations as to how often the supply or appliances might need to be checked, you should have all electrics (wiring, plugs, sockets etc.) and electrical appliances checked before the commencement of a tenancy and regularly thereafter.
Railton-Meeks can arrange all your safety inspection needs.
- As an agent we carry instruct our electrician who is NICEIC registered (or equivalent) to carry out an Electrical Installation Condition Report (previously referred to as a PIR) It is recommended that this test is carried out one every five years. We adhere to this recommendation. recommends that a periodic inspection and test of the electrical installation should be carried out by a registered electrician at least every five years or on change of tenancy.
The Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended)
This covers soft furnishings such as mattresses, padded headboards, bed bases, sofas, armchairs, chairs, cushions, etc. Exemptions are furniture or furnishings manufactured before 1950 and after 1989. You will be able to tell if the furniture complies it will have labels attached, if there are no labels then you must provide proof of the date of purchase. You cannot get round this regulation by selling, giving or leaving the furniture for the tenants, as this is still considered supplying. Non-compliance can mean that you will be found guilty of a criminal offence and face a fine, imprisonment, or both.
Smoke Alarm and Carbon Monoxide Alarm Regulations 2015
Smoke alarms must be fitted on every storey of a rented property. Carbon monoxide (CO) alarms must be fitted in every room with a solid fuel burning appliance. Alarms must be tested on the start of each tenancy.
Energy Performance Certificates
These became a mandatory requirement for all properties rented out from 1st October 2008 – a property must not be advertised for rent without one. The certificate must be shown to all prospective tenants (except for Houses in Multiple Occupation).
Tenancy Deposit Schemes.
From 2007, The Tenancy Deposit Scheme has been a Government backed scheme where the tenants deposit is placed within either a Free Custodial Administered Account or an Insurance Scheme where the landlord holds the deposit but pays a premium as ‘insurance’ to pay back the deposit. The Government introduced this in response to the high number of critics that said that many tenants were left out of pocket by unprofessional landlords who kept the deposit regardless.
As a landlord, you must, within 14 days give the tenant details on how the money is protected including:
• The details of the TDS selected.
• Your details and contact points.
• How to release the deposit.
• The purpose of the deposit.
• If in dispute, what the tenant must do.
In basic English, you have two choices:
A deposit is held by a Government Regulated Custodian or kept by the Landlord and backed by an insurer.
Under both schemes at the end of the tenancy a conflict of interest is avoided; and at the end of the tenancy both the landlord and tenant must agree what is fair wear and tear, what is negligent wear and tear and what is allowable under the terms of agreement. The custodial Scheme is free of charge. The landlord or agent should provide a full (preferably photographic) inventory, which both parties sign, to help prevent any disagreement at the end of the tenancy.
With the custodial government backed scheme, the deposit is held with a third party and held in a safe bank account. At the end of the tenancy if there is a dispute, the third party will hold the deposit until agreement by the landlord/tenant or by the court. It is free as any interest earnt will pay for the running of the scheme and any extra will be paid back to either the landlord or tenant.
Insurance Based (you pay a premium as insurance), the deposit is kept in the landlords account. A full photographic inventory signed by both parties at the beginning of the tenancy, is still vitally important. The more detail the better. In this case the landlord retains the deposit and pays a premium to the insurer.
The schemes available are:
Deposit Protection Service – www.depositprotection.com
The TDS: www.mydeposits.co.uk
Railton-Meeks use the DPS scheme with all our full management landlords.
We can also provide full photographic inventories for your property,
Fee: £70.00 (non-full management clients) you can find full details of this and our
other property management services here.
For further help on landlord regulations and information about our full property management services please contact our Property Manager, Sylwia Pagorska direct on 0161 448 2154 or email email@example.com to request a call back.