Legislation for Landlords
Up to Date Legislations
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
- 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 2020
All new tenancies commencing 1st of July 2020, will need an Electrical Installation Condition Report and any renewals or name changes thereafter will need a new report. By 1 April 2021, all tenancies will need one regardless of status.
The Government has laid out The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, meaning landlords must ensure every fixed electrical installation is inspected and tested at least every five years by a qualified person. The Regulations also state that a landlord is required to obtain a report of the results of the inspection and test, supply it to each tenant within 28 days and retain a copy until the next inspection is due.
Holmbrook Estates will commence inspections and testing on all managed tenancies regardless of status to ensure all tenancies comply by 1 April 2021. The cost of the inspection and testing will be issued by email shortly. If you believe for any reason your property may no longer be let after 1 April 2021 and you will, therefore, not require the EICR please inform your Property Manager at your earliest convenience.
- Upon request, the report must be provided to the local housing authority within seven days.
- The private landlord must supply a copy of the last report to any new tenant before occupation, or any prospective tenant within 28 days of a request from the prospective tenant.
- The Regulations require local housing authorities to enforce the rules and they have the power to arrange remedial action.
- Proven breaches of the Regulations can result in the local housing authority imposing a financial penalty of up to £30,000.
Holmbrook Estates 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
Holmbrook Estates use the DPS scheme with all our full management landlords.
Holmbrook Estate Agents are ready to support you
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