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Landlord Responsibilities
The following requirements are the responsibility of all landlords who let residential property. If the landlord also uses the services of an agent to assist with the letting or management of the property, these may also be the responsibility of the agent as well.
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 competent engineer (eg a CORGI registered gas installer).
Maintenance. There is a duty to ensure that all gas appliances, flues and associated pipework are maintained in a safe condition at all times.
Records. Full records must be kept for at least 2 years of the inspections of each appliance and flue, of any defects found and of any remedial action taken.
Copies to tenants. A copy of the safety certificate issued by the engineer must be given to each new tenant before their tenancy commences, or to each existing tenant within 28 days of the check being carried out.
Electrical
There are several regulations relating to electrical installations, equipment and appliance safety, and these affect landlords and their agents in that they are 'supplying in the course of business'. They include the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations 1994, the 2005 Building Regulation - 'Part P, and British Standard BS1363 relating to plugs and sockets. Although with tenanted property there is currently no legal requirement for an electrical safety certificate (except in the case of all HMOs) it is now widely accepted in the letting industry that the only safe way to ensure safety, and to avoid the risk of being accused of neglecting your 'duty of care', or even of manslaughter is to arrange such an inspection and certificate.
Fire
Fire Resistance. The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, bedcovers including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Items which comply will have a suitable permanent label attached. Non-compliant items must be removed before a tenancy commences.
Smoke Alarms. All properties built since June 1992 must have been fitted with mains powered smoke detector alarms from new. Although there is no legislation requiring smoke alarms to be fitted in other ordinary tenanted properties, it is generally considered that the common law 'duty of care' means that Landlords and their Agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. We therefore strongly recommend that the Landlord fit at least one alarm on each floor (in the hall and landing areas).
Houses in Multiple Occupation
If your property is on 3 or more levels and let to 5 or more tenants comprising 2 or more households (ie not all of the same family) it is designated as a House in Multiple Occupation (HMO) and it will be subject to mandatory licensing by your local authority. Whether mandatory licensing as above applies or not, if there are 3 or more tenants not all related in any property, it is still likely to be an HMO, and special Management rules apply. More information can be obtained from: www.propertylicence.gov.uk
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 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. The HHSRS is enforced by local authorities. More information can be obtained from: www.communities.gov.uk
The Tenancy Deposit Scheme
From 6 April 2007, all deposits taken by landlords and letting agents under Assured Shorthold Tenancies in England and Wales 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. To avoid any disputes going to court, each scheme will be supported by an alternative dispute resolution service. Landlords and letting agents will be able to choose between two types of scheme; a single custodial scheme and two insurance-based schemes. More information can be obtained from: www.direct.gov.uk/en/TenancyDeposit or view our Tenancy Deposit Protection page.
The Disability Discrimination Act 2005
The Disability Discrimination Act 2005 extends the rights of disabled people in respect of premises that are let or to be let. Landlords and managers of let premises and premises that are to let will be required to make reasonable adjustments for disabled people. Under the new duties, provided certain conditions are met (for example, that a request has been made), landlords and managers of premises which are to let, or of premises which have already been let, must make reasonable adjustments, and a failure to do so will be unlawful unless it can be justified under the Act. Landlords will only have to make reasonable adjustments and they will not have to remove or alter physical features of the premises. More information can be obtained from: www.dwp.gov.uk
Acknowledgement: www.southcourtproperty.co.uk - Publishers of www.lettings-opportunity.co.uk
Disclaimer: These notes are offered as a general guide only and do not constitute legal or financial advice.
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