Regulations
It is very important to keep up to date with regulation and legislation changes. Failure to meet the regulations may leave you as a landlord liable for large fines or even imprisonment.
Gas Appliances – The Gas Safety (Installation and Use) Regulations 1998
All gas appliances and associated pipework and flues should be maintained to ensure they are safe to use. An annual inspection by a qualified registered GAS SAFE (formerly CORGI) gas engineer is a requirement of law.
A record of the gas appliances (GSR) must be kept with the dates of inspection and any defects identified. This record must be provided to the Tenant upon signing the Tenancy Agreement.
A gas appliance with an open flue should not be installed in a bedroom.
Where the gas meter is installed in a meter box, you should supply the Tenant with a key to the box.
After work on a gas appliance, a defined series of safety checks must be performed.
Instructions for any gas appliance must be left for the Tenant.
Any gas appliance that is suspected or known to be faulty or incorrectly installed must not be used by anyone and should be removed/replaced or repaired immediately.
Ventilation is needed for gas appliances to work correctly and safely. You should take care not to block vents and airbricks.
The Electrical Equipment (Safety) Regulations 1994
Electrical supply and appliances within a property must be ‘safe’.
All electrical appliances must be checked at regular intervals for defects (e.g. frayed wiring, badly fitted plugs etc.).
Any unsafe items should be removed from the Property prior to offering it for rent.
No statutory checking procedure or timescale exists. However we recommend that all Landlords have an annual inspection of electrical appliances (electrical supply safety check), by a qualified electrical engineer. Records of these checks conducted at the property should be retained and provided for inspection if required.
Smoke alarms are advised to be fitted to all let properties and should be regularly checked to ensure that they are in full working order.
The Plugs & Sockets (Safety) Regulations 1994 (Consumer Protection Act 1987)
Any plug, socket or adapter supplied which supplied which is intended for domestic use, must comply with the appropriate current regulations
Building Regulations – Part “P” Electrical Safety in Dwellings
The Landlord and Tenant Act 1985 puts the onus on Landlords to ensure the electrical installation in their property is safe when the tenancy begins, and that it is maintained in a safe condition throughout that tenancy. From 1st January 2005, all domestic electric installation work (particularly in kitchens and bathrooms) must be carried out by a Government “Approved” contractor. In addition, electrical contractors will have to verify the work complies with British Standard Safety Requirements (BS7671).
The Fire & Furnishings (Fire) (Safety) (Amendment) Regulations 1993
These regulations were amended in 1993 and it is now an offence to install any furniture in let properties, which does not comply with the regulations.
The regulations apply to beds, mattresses and headboards, scatter cushions and pillows, stretch or loose covers for furniture, children’s furniture, garden furniture and any items of similar type fillings of which must carry the appropriate labels of compliance.
Upholstered furniture must have fire resistant filling material and must pass a cigarette resistance test.
Permanent covers must pass a match resistance test.
Furniture in any property, which qualifies for the transitional period (i.e. was let prior to 1st March 1993 and continued to let), does not have to comply until the Tenant who occupied the Property prior to 1st January 1997, vacates the Property.
Any furniture added to the Property since 1st March 1993 must comply with these requirements whether new or second hand.
The regulations do not apply to:
antique furniture or any made before 1st January 1950
bedclothes (including duvets and pillowcases)
loose covers for mattresses, curtains
carpets, sleeping bags, cushion covers.
Failure to meet the terms of these regulations as set out above could result in a maximum penalty of a £5,000 fine and/or imprisonment. If you require to know any more about this legislation then please let us know, we will be happy to help.
For full details of current legislation visit www.communities.gov.uk
Tenancy Deposits
As of the 6th April 2007 it is a legal requirement to have all deposits for Assured Shorthold Tenancies held by a Third Party. This is designed to protect the Tenants Deposit and ensure that it is fairly returned at the end of The Tenancy. This makes it even more important to have an up to date Inventory in case there has to be any deduction for dilapidations.
There are three government approved schemes that can be used. It is the responsibility of the Landlord or the Managing Agent to place the Deposit with one of these schemes. If we manage the property the Deposit will be placed with The DPS (The Deposit Protection Service). More details can be found at www.depositprotection.com
There are two other Insurance based schemes which can be used. We will be glad to give you any further information
Energy Performance Certificates
As of the 1st October 2008 it is a legal requirement to have an Energy Performance Certificate for all self contained rental properties. This must be done prior to marketing a property as it is a requirement to make the certificate available to all prospective Tenants. Please ask us for more information or more details details can be found at www.communities.gov.uk
Please contact us for further information