Information for Landlords
Information for landlords, including current statutory requirements as of February 2016.
Please see the individual office pages for our landlord charges
GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1998
As a Landlord you are responsible for the safety of your tenant. You are required by law to ensure that all gas appliances, installations, flues and pipe-work in the property have been checked by a Gas Safe Registered Engineer and a Gas Safety Certificate (GSC) is issued every year. A copy of the GSC must be provided to the Tenant at the start of the tenancy and the tenancy is unable to commence without a valid GSC. It is the Landlord’s legal responsibility to arrange for an annual gas safety check and for a copy to be given to the Tenant within 28 days of the certificate being completed. A GCS should be retained for two years.
CARBON MOXOXIDE ALARMS
It is a legal requirement to have a carbon monoxide alarm fitted to any room where there is a solid fuel burning combustion appliance. The carbon monoxide alarm must be checked and in proper working order the day the tenancy commences.
Under the Building Regulations 1991 any newly built Property since June 1992 must have mains fitted smoke alarms with battery back up on each floor of the property. On or after 1st October 2015 tenanted properties will require a smoke alarm to be fitted on each storey of the Property where there is a room used wholly or partly as living accommodation. Checks will need to be made to each smoke alarm to ensure it is in proper working order on the day the Tenancy commences.
OIL, LPG, SOLID FUEL APPLIANCES AND WOOD BURNING STOVES
Oil, LPG, Solid Fuel appliances and wood burning stoves should be serviced and checked annually. Wood burning stoves installed from 2011 must have an Installation Certificate and a Carbon Monoxide alarm fitted.
THE FURNITURE AND FURNISHINGS (FIRE) (SAFETY) (AMENDMENT) REGULATIONS 1993
Under these Regulations it is a criminal offence to let a Property with upholstered furniture or soft furnishings containing foams which cannot be proven to comply with the above Regulations. The Regulations require that specified items must be match resistant, cigarette resistant and carry a permanent label.
ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994
It is the Landlords responsibility for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the property comply with the above Regulations. Landlords should also ensure that the electrics are safe and have them checked regularly. Two tests to consider are;
The Electrical Installation Condition Report (EICR) which confirms as far as reasonably practicable, whether or not the electrical installation is in a satisfactory condition for continued service, and Portable Appliance Test (PAT).
Working chimneys (including gas fires) should be swept at the commencement of the tenancy and we would suggest every 12 months during the tenancy unless otherwise specified in your property insurance policy.
In order to comply with the Health and Safety Executive’s Code of Practice Landlords are advised to carry out a risk assessment at their premises prior to letting where there are open water tanks, cooling systems or a swimming pool.
ENERGY PERFORMANCE OF BUILDINGS (CERTIFICATES AND INSPECTIONS) (ENGLAND AND WALES) REGULATIONS 2007
From 1st October 2008, a prospective Tenant of a residential property should be supplied with an Energy Performance Certificate (EPC) free of charge at the commencement of marketing. EPC’s must be provided by accredited energy inspectors and the certificate lasts for 10 years. Under this legislation we are unable to market a property for letting until we are in receipt of the EPC.
NON UK RESIDENT LANDLORDS: TAX
Any Landlord living outside the UK is able to apply for a Certificate of Self-Assessment in order to receive gross rental income. If you do not apply, we are legally obliged under the Finance Act of 1995 to deduct the current rate of tax from the rental income and pay over to the Inland Revenue every quarter.
RIGHT TO RENT:
In accordance with the Immigration Act 2014 you will be asked to provide appropriate documents to demonstrate your Right to Rent in England. For further information please refer to the following document: Right-to-Rent-Guidance.
HOW TO RENT:
Download the checklist for renting in England.
HOUSES OF MULTIPLE OCCUPANCATION (HMO)
A Landlord is obliged to obtain a licence from the relevant Local Authority if the property is:
I) let as a main or only home to at least three unrelated sharers who share a kitchen or a bathroom.
II) Three of more storeys.
III) Occupied by five or more persons who form more than one household.
A tenancy is unable to start without the licence and failure to obtain a licence could result in a fine for the Landlord of up to £20,000.
Guidelines for licenses differ depending on the Local Authority however all regulated HMOs must have a mains fitted smoke alarm with battery back up, a carbon monoxide alarm, a Electrical Installation Condition Report and a Portable Appliance Test.
DISABILITY DISCRIMINATION ACT 1995
Under the amended Disability Discrimination Act which came into effect in 2006, a disabled person is entitled to ask the Landlord to carry out any adjustments to the property to ensure the person is able to enjoy the property as much as an able bodied person. Any adjustments (i.e. a wheelchair ramp) are temporary and are the responsibility of the Landlord.
TENANCY DEPOSIT PROTECTION (TDP)
From 6 April 2007 all Landlords or agents must use one of the three approved TDP schemes to protect tenants' deposits for Assured Shorthold tenancies (AST) within 30 days of the deposit monies being paid or the tenancy commencing. If any other scheme is used, deposits are not protected in law.
The three approved schemes are:
- Deposit Protection Service (DPS)
- Tenancy Deposit Scheme (TDS)
If Carter Jonas are instructed to hold the Deposit, we shall do so under the Terms of the Tenancy Deposit Scheme if the Tenancy is an (AST).
PROPERTY MANAGEMENT QUESTIONS AND ANSWERS