Additional Services & General Information
Gas Safety (Installation and Use) Regulations 1998
It is the owner’s responsibility to ensure a landlord gas safety certificate be issued annually by a Gas Safe Registered engineer for each property and the tenant be provided with a copy. The owner should also retain records of any previous gas safety certificates.
Electrical Equipment (Safety) regulations 1994
All portable appliances that are supplied by the owner remain the responsibility of the owner and should be P.A.T. tested by a qualified engineer at the start of each tenancy and renewed annually.
We recommend that fixed wiring should be checked by a qualified electrician once the property is 5 years old and at interval of no more than 5 years thereafter. All electrical work and repairs etc must be carried out by a NICEIC approved electrician.
A smoke alarm should be installed in each property on every floor and it is recommended that this is hardwired into the electrics of the property by a qualified electrician.
General Product Safety Regulations 1994
The owner should visually inspect all fixtures and fittings which are to be left within the property to ensure they are safe and fit to use, the owner should remove items which are not safe to use.
Furniture & Furnishings (fire safety) Regulations 1998 (amended 1993)
The regulations apply to such items of soft furnishings as chairs, sofas, futons, beds, cushions, seat pads, and pillows (but not to carpets and curtains). Furniture manufactured before 1950 and not re-upholstered does not need to comply. Furniture manufactured before 1990 was often manufactured with materials that were not fire resistant and must be removed from the property. Compliant furniture must be capable of identification by label attached to the item(s) by the manufacturer.
Energy performance Certificates
An energy performance certificate must be produced before the property is marketed and must be renewed as required by law. This must be produced and given to a tenant free of charge.
One of the most common mistakes landlords make is to believe their standard home insurance policy will protect a tenanted property, unfortunately this is rarely the case and landlords should not rely on their standard building insurance. Nobody should be taking risks with such an expensive investment we can assist you with specialist landlord’s insurance, which can be tailored to you’re your specific needs and requirements.
Water Act/ Council Tax
The water act 2003 allows tenants who are renting a property for more than six months to apply for a water meter without the permission of the owner, and that council tax is payable by the landlord when the property is let as a holiday let or let as a house in multiple occupation.
The Tenancy Deposit Protection Scheme
Tenancy deposit protection (TDP) schemes which started on the 6th April 2007 guarantee that tenants will get their deposits back at the end of the tenancy, if they meet the terms of the tenancy agreement and do no damage the property. Landlords must protect their tenant’s deposits using a TDP scheme if they have let the property on an assured short hold tenancy.
Landlords or agents must use one of the three approved TDP schemes to protect tenant’s deposits where these conditions apply. 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 you don’t protect your tenant’s deposits when required to, your tenants can take you to court and you may have to repay them their deposit plus three times the original amount. You will also be unable to seek possession of your property in certain circumstances.
The owner accepts that they are solely responsible for keeping accurate records and to ensure that they fulfil their legal responsibility in respect of a number of safety issues and their legal position throughout the term of each tenancy and that the following should be addressed prior to the commencement of any tenancy:
Written consent from the mortgage lender should be obtained prior to letting the property. If the property is leasehold the head lease may require written permission to sub-let.
The owner should ensure that their property is adequately insured for both the building and contents and ensure the insurance company are aware that the property is let. Should the property be vacant between tenancies, the owner is responsible for ensuring the insurance company are fully aware of any void periods. Owners are advised to read the policy wording of their insurance.
A more detailed version of our terms and conditions will be made available when instructed to let your property and that will form the basis of our contract with our clients. The above is a basic summary of our services and your legal responsibility as a landlord.