Gas safety regulations came into effect on 31st October 1998. They apply to all properties, but the regulations specific to rented properties are as follows:
The regulations place a duty on the Landlord to ensure that all gas appliances, flues, and associated pipe work are always maintained in a safe condition.
Annual Safety Check
Gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed and thereafter at least every 12 months by a competent engineer (GAS SAFE Registered).
Before any Tenancy or lease commences it must be ensured that the gas safety check has been carried out on each appliance and flue within the 12-month period, before the Tenancy commences or has been or will be carried out within 12 months after the appliance or flue was installed, whichever is the later.
Appliances owned by the Tenant are defined as those appliances which the Tenant is entitled to take away upon terminating the Tenancy. It is not the Landlord’s duty to have the Tenants appliances tested.
The regulations require the Landlord or his Agent to keep a record of safety checks on each appliance and flue. The record must include the prescribed information which includes the date of the check, the address of the premises checked, the name and address of the Landlord, or where appropriate the Agent, the description of the appliance/flue checked, any defect identified, any remedial works undertaken, confirmation that the check complies with the Regulations, and the name and GAS SAFE registration number of the person doing the check. The GAS SAFE Gas Safety Record Form should be used for this purpose. Records must be kept for a minimum of two years.
A copy of the safety check record or certificate must be given to the new Tenant before the Tenant occupies the premises. A copy of the new record must also be given to the existing Tenant within the 28 days of the check. Please note that a separate copy must be given to all Tenants e.g.: 6 Tenants = 6 copies.
In January 1995, the Electrical Equipment regulation came into force and any Landlord renting out a property must ensure all electrical equipment supplied is safe. A Landlord should also be satisfied that the property and the electrics contained within are safe for all occupants, visitors and even animals.
How Do I Ensure My Property Is Safe?
To help prevent any injury to any person utilising your property we recommend instructing a qualified Electrician (NICEIC or ELESA) to test all electrical items (annually) and having a fixed wire check every 5 years.
Due to recently introduced legislations, Landlords of privately rented accommodation must ensure that additional standards for electrical safety are met. These standards are set out in the 18th edition of the ‘Wiring Regulations’ which are published as British standard 7671.
It’s the responsibility of the Landlord to ensure that the electrical installations in their rented properties are inspected and tested by a qualified and competent person at an interval of at least every 5 years. The Landlord must obtain a report from the person conducting the inspection and test, which gives the results and sets a date for the next inspection and test.
This report must be supplied to the existing tenant within 28 days of the inspection or test, supplied to the new tenant before they occupy the premises, and/or supplied to any prospective tenant within 28 days of receiving a request for the report. The local authority must also have a copy of this report within 7 days of receiving a request.
The Landlord must retain a copy of the report to give to the inspector and tester, who will undertake the next inspection or test.
If and where the report shows any remedial or further investigative work is necessary, the Landlord must complete this work within 28 days, or in some instances shorter, if specified as necessary in the report. The Landlord must then provide written conformation of the completion of the remedial works from the electrician to the tenant and the local authority, within 28 days of the completion works.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 were approved by parliament and came into force on 1st October 2015. Private sector Landlords are required to have at least one smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel burning appliance (e.g. a coal fire, wood burning stove). After that, the Landlord must make sure the alarms are in working order at the start of each new tenancy. The requirements are enforced by local authorities who can impose fines of up to £5,000 if a Landlord fails to comply with a remedial notice.
What do the regulations require?
The regulations require private rented sector Landlords to have:
Who’s responsible for checking the required alarms are in working order?
The regulations require Landlords to ensure alarms are installed in their properties with effect from 1st October 2015. After that, the Landlord (or somebody acting on behalf of the Landlord) must ensure all alarms are in working order at the start of each new tenancy. After the Landlord’s test, on the first day of the tenancy, Tenants should take responsibility for their own safety and test all alarms regularly to ensure they are in working order. Testing monthly is generally considered an appropriate frequency for smoke alarms. If Tenants find that their alarm(s) are not in working order during the tenancy, they are advised to arrange the replacement of the batteries or the alarm itself with the relevant Landlord.
What Is a Right to Rent?
Only people with permission or a right to be in the UK have a right to rent a property.
Why Carry Out a Right to Rent Check?
If you are found letting to someone who does not have the right to be in the UK, and you cannot show that you have made right to rent checks, then you could face a fine.
You must undertake the following checks:
How Do I Make a Right to Rent Check?
Handles Property will carry out the necessary checks as part of our initial service to you. We will also carry out the checks every time the contract is renewed by us, so you don’t have this extra hassle.
What a Formal Detailed Inventory Requires:
What is a Professional Inventory and Schedule of Condition?
A Professional Inventory and Schedule of Condition is a complete list of every item in a property. It states the condition of every item within it. It is a very detailed document and is often supported by digital photographs. The list should include walls, paint colours, ceilings, fixtures and fittings, floor coverings, cupboards, windows, doors, kitchen units, appliances, bathroom furniture, gardens, garages, and sheds and, if furnished, all furnishings.
What Is the Purpose of an Inventory?
With the introduction of the deposit schemes in 2007, the requirement for inventory and schedule of condition has become critical. If the property is left with damage, isn’t cleaned or items are missing, then as the Landlord you will have no right to claim any deductions from the Tenant’s deposit, without evidence as to the item’s previous condition.
Additionally, anything that is different to when the property was inspected (and is not considered fair wear and tear) needs to be compared to the inventory for reference.
These regulations set new levels of fire resistance for domestic upholstered furniture, furnishings and other products containing upholstery. Lots of domestic fires start with soft furnishings catching fire, with many deaths attributed to the highly poisonous fumes given off by the man-made foams and coverings. The regulations aim to improve the fire safety of materials used in the manufacturing of furniture, by introducing two new standards of fire resistance. These standards include two tests:
The Match Test
The Cigarette Test
From 1st March 1993
All furniture and furnishings included in accommodation which is made available for let must meet all the fire resistance requirements.
Furniture, whether new or second hand, in addition to or in replacement of existing furniture in accommodation let, must comply with all the fire resistance requirements.
From 1st January 1997
All upholstered furniture and furnishings included in rented accommodation must comply with all the fire resistance requirements. Please refer to the following guide:
Beds, headboards, and mattresses
Sofa-beds, futons, and other convertibles
Garden furniture used in the dwelling
Scatter cushions, pillows, and seat pads
Loose and stretch covers for furniture
Does Not Apply To:
Furniture made before 1950
Bedclothes including duvets
Loose covers for mattresses and pillowcases
What To Look For
Each item of furniture or furnishings will have a label attached to it, stating compliance with the regulations. All new furniture must carry a display label at the point of sale. Furniture which has no permanent label, or a permanent label which is not in one of these types, should be assumed not to comply.
Some Consultants and Agents believe that new legislation has been imposed on Landlords of rented properties, for controlling risks of exposure to Legionella bacteria on their Tenants. This is wrong: the legislation has not changed, and Landlords have for some time had to take basic steps to prevent the risk.
What Responsibilities Do I Have?
There is a legal duty for Landlords to assess and control the risk of exposure to legionella bacteria, but Health and Safety law does not require Landlords to produce or obtain, nor does HSE recognise, a ‘Legionnaires testing certificate’, which can sometimes be advised by Agents or consultants.
Legionella testing (or sampling) is generally not required in domestic hot and cold water systems - only in exceptional circumstances.
Misinterpretation of the legal requirements by some consultants and Letting Agents about Landlords’ responsibilities to manage and control legionella in domestic premises may result in unnecessary financial burdens being placed on Landlords and Tenants.
The law is clear that if you are a Landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your Tenant by keeping the property safe and free from health hazards.
How Do I Reduce the Risk?
Run all water supplies in the house for several minutes
Drain Shower heads
Take temperatures of hot and cold water (the bacteria are dormant below 20°C and do not survive above 60°C)
The above points should be recorded prior to the start of a tenancy.
Handles Property accept no responsibility for the above information as it is intended as a guide only. Please refer to the HSE for further information.
What is an Energy Performance Certificate?
An Energy Performance Certificate (EPC) is a rating given to households. An EPC is similar to the Energy Performance Certificates now provided with domestic appliances, such as refrigerators and washing machines. The EPC provides a rating for the energy performance of a home from A to G, where A is very efficient, and G is very inefficient.
All Landlords are required by law to provide an EPC on all properties before marketing commences. Under current legislation the EPC will last for 10 years.
Minimum EPC Rating
Since 1st April 2018, there has been a requirement for any properties rented out to have a minimum energy performance rating of E. The regulations came into force for new lets and renewals of tenancies on 1st April 2018, and for all existing tenancies on 1st April 2020.
It is therefore unlawful to rent a property that breaches the requirement of a minimum E rating unless there is an applicable exemption. There are also regulations that have been effective since 1st April 2016, under which a Tenant can apply for consent to carry out energy efficiency improvements in privately rented properties.
An overseas Landlord must complete an NRL1 form. As a non-resident Landlord, you are still liable to pay UK tax on your rental income in the UK. Your Letting Agent or Tenant will usually have to deduct tax before you receive your rental payments.
The Non-Resident Landlord Scheme means that you can receive your rental income without deductions from your Agent. However, you will need to consult a financial advisor or accountant to fulfil your taxable liabilities.
What Makes Me A Non-Resident Landlord?
You are normally classed as a non-resident Landlord if your usual place of residence is outside the UK, or you have left the UK for more than 6 months. Even if your intention is to only stay out of the UK temporarily, you will still need to apply to be a Non-Resident Landlord.
How Do I Apply?
Please contact us and we will advise you further.