The following requirements are the responsibility of the landlord of the property. Before a property can be let, full compliance of these is essential. If you require any further assistance or advice, please contact us.
HEALTH AND SAFETY AND LEGAL REQUIREMENTS
Gas
Annual Safety Check – Under The Gas Safety (Installation and Use) Regulations 1998 all 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 ‘corgi’ registered engineer.
You will need to provide us a copy of a Gas Safety Certificate (GSC) as a copy is given to each new tenant before their tenancy commences. No tenancy can commence until we are in receipt of a valid Gas Safety Certificate.
For further information visit : www.legislation.gov.uk/uksi/1998/2451/contents/made
Electrical
The Electrical Equipment (Safety) Regulations 1994 states that all electrical installations, wiring and appliances must be supplied in a safe condition. You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the premises comply with the above regulations. The UK government have published changes to the Electrical Insulation Conditioning Reports (E.I.C.R) regulations. From 01 July 2020 all NEW private tenancies will be required to have an E.I.C.R in place before a tenancy can commence. From 01 April 2021 ALL exisiting tenancies will be required to have an E.I.C.R in place. All inspections and tests must be carried out by an authorised contractor at least every 5 years.
For further information visit : www.legislation.gov.uk/uksi/1994/3260/contents/made
Fire
The Furniture and Furnishings (Fire Safety) Regulations 1988 (amended 1989 and 1993) requires that all specified items supplied in the course of letting property must meet minimum fire resistance standards. It is a criminal offence, punishable by a fine and/or a prison term, to let a property with furniture or soft furnishings which cannot be proven to comply with the above fire safety regulations. By signing this agreement you authorise us to remove any item that does not have a fire regulation label attached to it.
For further information visit : www.legislation.gov.uk/uksi/1988/1324/contents/made
Smoke Alarm and CO2 Detectors
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 legislation introduced in October 2015 has helped to standardise and clarify the responsibilities of landlords. Existing rules meant that owners of the property built prior to June 1992 were not legally obliged to have smoke alarms installed. The updated legislation ensures that ALL rental properties require installation of smoke detectors to each floor of the property. Landlords also need to fit a carbon monoxide (CO) alarm in any room which has a solid fuel appliance. We also recommend fire extinguishers and fire blankets are provided for the safety of the tenants.
Legionella & Residential Property
Legionnaire’s Disease is a potentially fatal form of pneumonia which can affect anybody, but principally affects those who are susceptible because of age, illness, immune system problems. In private rented properties whirlpool and spa baths, hot tubs and Jacuzzi’s, shower heads and indoor fountains can pose particular hazards.
Legionnaire’s disease can be caught when infected water, in the form of an invisible aerosol is created and inhaled by a susceptible individual. Whilst central heating systems pose very little threat, hot and cold water tanks, shower heads do pose a threat and should be regularly checked and inspected for integrity.
The control of Legionella bacteria in water systems takes various forms under law, including specific statutes and the Approved Code of Practice and guidance, referred to as ACOP L8 describes the legal duties relating to Legionella and provides practical guidance on how to comply and who is the Duty Holder and Responsible Person.
Leicester Property Shop will not carry out any Risk Assessments on your rental property, we can recommend a company to do so, being O2 Water Solutions.
For further information visit www.o2watersolutions.co.uk
Multiple Occupation (HMO)
If your property is at least 3 storeys high and let to 5 or more tenants comprising of 2 or more households it will be subject to mandatory licencing by your local authority. If your property is let by at least 3 people who are not from 1 household/family it is likely to be a house in multiple occupation.
For further information visit www.gov.uk/private-renting/houses-in-multiple-occupation
The Housing Health and Safety Rating System
The Housing Health and Safety Rating System (HHSRS) provides an analysis of how hazardous a property is through assessment of potential hazards found in housing. Landlords must maintain their properties to provide a safe and healthy environment. This was introduced under the Housing Act 2004 and applies to all residential properties in England and Wales.
For further information visit www.gov.uk/government/publications/housing-health-and-safety-rating-system-guidance-for-landlords-and-property-related-professionals
Energy Performance Certificate (EPC)
The Energy Performance of Buildings (England and Wales) Regulations 2012 is a legal requirement to provide any prospective tenants of your property with an Energy Performance Certificate (EPC). This must be produced by an approved Domestic Energy Inspector. Failure to supply one is a criminal offence punishable by a fine. Please note that we will be unable to market your property until we have in our possession a valid Energy Performance Certificate. An Energy Performance Certificate is valid for 10 years and must have a minimum
E Rating.
For further information visit : www.gov.uk/government/collections/energy-performance-certificates
Disability Discrimination Act 2005 (DDA)
This addresses the limitations of current legislation by extending disabled people’s rights in respect of property that are let or to be let. Landlords of let properties are required to make reasonable adjustments for disabled people.
Data Protection Act 1998 (DPA)
In order to comply with this legislation and to prevent any unauthorised access to or use of personal data we have the responsibility to keep information confidential. We will only use if fees are not paid and we then need to refer the matter to a debt collector or solicitor.
Tenancy Deposit Protection (TDP)
Since 6 April 2001, all deposits taken by landlords and letting agents under Assured Short hold Tenancies (ASTs) must be protected by a tenancy deposit protection scheme. Landlords and letting agents must not take a deposit unless it is dealt with under a tenancy deposit scheme.
If we are NOT providing our Full Management Service we will normally transfer the tenancy deposit to you within 5 days of us receiving cleared funds. You must then register it with a TDP scheme within a further 9 days. If you fail to do so the tenant can take legal action against you the landlord in court.
For further information visit www.direct.gov.uk/en/TenancyDeposit/index.htm
GENERAL TERMS & CONDITIONS
A good relationship with tenants is key to smooth-running tenancy. It is important that tenants feel comfortable in their temporary home, and that they are receiving value for their money. Therefore a well presented and maintained property will achieve a good rental figure and tenants will be more inclined to treat the property with respect.
General Condition of Property
Gas, plumbing, electrical, waste, central heating and hot water systems must be safe and in good working order. Repairs and maintenance are at the Landlords expense. Interior decorations should be in good condition and preferably neutral colours.
Security Recommendation
We strongly advise landlords to ensure their property is secure to a standard requested by most insurance companies. A night latch (Yale lock) and mortise deadlock should be fitted to entrance doors and window locks should be fitted to all opening ground floor windows. This is the general standard required for a tenant to obtain contents insurance.
Furnishings
You can let your property fully furnished, part furnished or unfurnished. As a minimum you will need to provide your tenants with decent carpets, curtains and light fittings. Remember that there will be wear and tear on the property and any items provided.
Personal Items, Ornaments etc
All Personal possessions, ornaments, picture, books etc. should be removed from the property. All cupboards and shelf space should be left clear for the tenants to use.
Gardens
Gardens should be left neat, tidy and rubbish free, with any lawns cut. Tenants are required to maintain the gardens to a reasonable standard, provided that they are left the necessary tools to do so. You may wish to arrange frequent visits by a gardener if you are particular about the standard of your gardens.
Cleaning
At the commencement of the tenancy the property must be in a thoroughly clean condition. At the end of each tenancy it is the tenant’s responsibility to leave the property in a clean condition. Where they fail to do so, cleaning will be arranged at their expense.
Keys
You should provide one set of keys for each tenant living at the property over 16 years old. Where we will be managing the property we will arrange to have duplicates cut as required.
Information for the Tenant
It would be very helpful if you could leave information for the tenants on operating the central heating systems, appliances, alarm system and the day refuse is collected etc.
OTHER CONSIDERATIONS
Mortgage
If your property is subject to a mortgage, you should obtain your mortgagee’s written consent to let the property. If your mortgagee has any special conditions relating to the tenancy or type of tenant, you must provide them to us prior to the start of tenancy. Conditions cannot be imposed upon a tenant at a later date.
Sub-Letting
If you are a leaseholder, you will normally require consent from your superior landlord or their managing agent before you can sub-let the premises. You should check the terms of your lease, and obtain any necessary written consent before letting.
Vacant Periods
Our service does not include supervision of your premises when it is vacant (eg. Waiting to be let) unless we visit the premises to carry out viewings.
Insurance
It is essential that the building and contents in the inventory are adequately insured and that your insurers are aware that the property is let. Failure to do so may invalidate your insurance. You must inform your insurers whenever the property remains vacant for a period greater than specified in your insurance policy. You must also check that your insurance policies include third party liability to protect you in the event a tenant or a visitor to the property sues for personal injury. We strongly recommend you arrange for the insurance policy to cover loss of rent and legal protection.
Utilities and Council Tax
We will notify the local council when the tenant occupies your property. You will need to pay any outstanding utility charges up to and including the date upon which the tenant occupies the property and for any void periods between tenancies. We will provide the tenant with meter readings at the commencement and end of each tenancy. You will need to provide the electricity, gas, water and any telecommunication companies with your new address and the meter readings at the commencement of the tenancy to ensure that there are no discrepancies. Most suppliers will not take instructions from us, therefore you must contact them direct.
Taxation
When resident in the UK, it is entirely the Landlords responsibility to inform the Revenue & Customs of rental income received, and to pay any tax due. There are special rules where the landlord is resident outside the UK.
For further detailed information visit www.hmrc.gov.uk
The Inventory
An inventory and schedule of condition is essential for effective management of your property. This is important whether the property is let furnished or unfurnished. If you do not have an inventory or schedule of condition you will not be able to prove the condition of the property at the start of the tenancy and may not be able to obtain compensation from the tenant either through any deposit scheme or through the county court.