There are a number of regulations that a Landlord has to comply to when renting out their property. There are more than 50 acts of Parliament and more than 70 regulations covering the private rented sector in the U.K. and any landlord not complying with them can face fines and even criminal prosecution & possible imprisonment. You can trust go2move to keep you up to date with relevant legislation so that you can be sure that you fully comply with all the regulations, we are happy to offer free & impartial advice on the different aspects of lettings regulations.
Below are just some of the main legislative regulations & duties of care towards tenants that landlords need to comply with or consider from a Health & Safety perspective, but are not an exhaustive list of your responsibilities towards the tenant;
Gas Safety - A boiler inspection must be carried out before the commencement of a tenancy and then on an annual basis by a Gas Safe registered tradesman and a current gas safety certificate must be issued by the tradesman and provided to the landlord. Tenants must then be given a copy of the certificate at the start of the tenancy before occupancy and within 28 days of an annual check. The regulation applies to all landlord owned gas appliances, pipe work and flues and all forms of gas supply (including bottled) Original documents must be kept for 3 years.
The Gas Safety (Installation & Use) (Amendment) (No2) Regulations 1996
Electrical - These regulations cover all mains voltage household electrical goods including flexes, plugs, wires and circuits and requires that all landlords undertake a electrical safety test by a qualified electrician before any tenant moves into the property of both items and fittings and also check them on a regular periodic basis thereafter because a landlord could be liable if a tenant is harmed by an electrical item provided.
The Electrical Equipment (Safety) Regulations 1994
Fire Safety - If a property was built after June 1992, tenants must have an adequate means of escape in event of a fire and a mains operated inter connected smoke alarm should be fitted on every floor. Landlords who own flats in a block are required to liaise with the managing agent and other owners to ensure that a fire risk assessment of the common parts is carried out under the Regulator Reform (Fire Safety) Order.It is recommended that all properties have at least a battery operated smoke alarm fitted to every floor even if not required to do so by law.
Smoke Detection Act 1991
Furnishings - These regulations apply to soft furnishings when you let your property furnished or even part furnished in any way any furniture or furnishings made after 1950 must meet fire resistance regulations and all compliant furniture should have confirming labels attached. Non-compliant furniture must be removed or replaced.
The Furniture and Furnishings (Fire) (Safety) Regulations (As Amended) 1988
Energy Efficiency - From October 2008 it became a legal requirement to have an Energy Performance Certificate in place before marketing can commence on the property and available to prospective tenants to view. Failure to do so can result in a £200 fine and the landlord being prevented from marketing the property until an EPC is obtained. Deposit Protection - From April 2007 all deposits for rent up to £25,000 per annum (rising to £100,000) taken by landlords and letting agents for Assured Shorthold Tenancies in England & Wales, must be protected by a tenancy deposit protection scheme. HMO's - Properties over three floors or more and occupied by at least five tenants in two or more households are classed as Houses in Multiple Occupation and require a license by the Local Authority. Repairs - Landlords have a statutory responsibility under Section 11 of the Landlord and Tenant Act 1985 to maintain the following;
1. The structure and exterior of the dwelling, drains, gutters and external pipes
2. Installations in the dwelling for the supply of gas, electricity, water and sanitation
3. All space and water heating appliances