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As a Landlord, you are legally required to comply with certain regulations and you should be aware that it could be necessary to invest some time and money to ensure that your property is ready for occupation.
You should also remember that you could be liable for any incidents/accidents relating to gas/electrical faults where you cannot prove that you took precautionary measures. It is the responsibility of the Landlord for the safety of all items provided in the property.
Permission of Mortgagee and or Leaseholder
It is your responsibility to ensure that the mortgage company is aware that you will be letting your property. If you own a flat or apartment there may also be some permissions/clauses in the lease that you should be aware of, for example, they may stipulate ‘no pets’ or may require you to notify the management company that a flat is to be tenanted.
Buildings and Contents Insurance
You must make certain that your property and/or contents are adequately insured, you can also safeguard yourself against rent arrears and legal assistance. Please see our Insurance section on the tabs above where you will be able to gain an instant quote, this enables you to take full advantage of the best deals available, alternatively Chester Let can put you in contact with a qualified advisor to go through your insurance requirements.
Energy Performance Certificates
This is a new legal requirement, which came into force in October 2008. All rental properties in England and Wales will require an Energy Performance Certificate (EPC). A Domestic Energy Assessor (DEA) will visit the property to assess its energy efficiency, taking into account cavity wall insulation, double-glazing etc. A certificate is issued which looks similar to a label found on a domestic appliance with a rating from A – G. Chester Let has a qualified contractor ready to carry out these safety checks at very competitive prices, please see the fees section below for further details.
Gas Regulations
Under the Gas Safety (Installation and Use) Regulations 1984 (amended 1996) all gas appliances must be inspected by a GAS SAFE (previously CORGI) registered engineer every 12 months and a Gas Safety Certificate issued. A copy should be made available to the tenant and kept on the premises, the landlord also keeps a copy for his own records. (Each gas hob, gas fire, boiler etc. has to be individually checked).
A Gas Safety Certificate is not the same as a service for your boiler. Chester Let also recommend that a carbon monoxide alarm be present in the property.
Electrical Appliances and Equipment
There are several regulations relating to electrical installations, equipment and appliance safety, and these affect landlords and their agents in that they are 'supplying in the course of business'. They include the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations 1994, the 2005 Building Regulation - 'Part P, and British Standard BS1363 relating to plugs and sockets. Although with tenanted property there is currently no specific legal requirement for a qualified electrician to carry out an inspection and issue a safety certificate (as exists in the case of gas appliances), it is now widely accepted in the letting industry that the only safe way to ensure safety, and to avoid the risk of being accused of neglecting your 'duty of care', or even of manslaughter is to arrange such an inspection and certificate.
Furniture and Furnishings
The Furniture and Furnishings (Fire) Safety Regulations 1988 provide that specified items supplied in the course of letting property must meet minimum fire resistant standards. The regulations apply to all upholstered furniture, including beds, headboards, mattresses, sofas, scatter cushions, seat pads, pillows etc. Generally speaking there should be a permanent label attached confirming the filling adheres to the 1988 regulation. This regulation does not apply to antique furniture.
Smoke Alarms
A hard-wired smoke alarm or battery type alarm must be present and in working condition. There should be an alarm fitted on each floor of the property. A battery type alarm should be ‘tested’ prior to and on commencement of tenancy.
Repairing Obligations
As a landlord you should be aware that it is your responsibility in accordance with Section 11 to 16 of the Landlord and Tenant Act 1985 to
Keep the structure (including drains, gutters and downpipes) and the exterior of the premises in good order and repair.
Keep the appliances for supply of gas, electricity and water in good repair.
Keep the appliances for supply of space heating and water heating in good repair.
Keep the sanitary appliances in good repair and carry out all repairs within a reasonable time of being notified.
It is also generally accepted that as a landlord you are liable for any repairs to domestic appliances unless you feel blatant misuse has occurred.
Presentation of Property
A property that is clean, uncluttered and with a neutral décor is going to have more appeal. Chester Let is happy to give advice on how to present the property. This does not mean spending lots of money, a fresh coat of paint and a professional clean will enhance a property.
Income Tax
When the landlord is resident in the UK, it is entirely their responsibility to inform the Inland Revenue of rental income received, and to pay any tax due. If you intend to reside overseas, we advise you contact the Inland Revenue for further details.
Deposits
Since April 2007 any deposit taken with regard to the letting of property must be legally protected under one of the two government authorized schemes. There is an insurance based scheme and a custodial scheme. Chester Let favours the use of the custodial scheme, The Deposit Protection Service. There is no charge to landlord or tenant and the deposit is paid to the Deposit Protection Service for safekeeping.
It is important to remember that if a landlord does not adhere to either scheme the landlord is unable to evict a tenant under the Section 21 rule, gaining repossession of their property.
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