Legal Responsibilities
Here to keep you on the right side of the law and your assets protected.
Certification
– Gas Safe Certificates are issued following a safety inspection from a registered professional. This should be done annually and the certificate supplied within 28 days to the tenant.
– EPC (Energy Performance Certificate) must be presented before a new tenancy agreement and must be an E or above. These certificates are valid for 10 years.
– EICR (Electrical installation condition report) must be available and in date during a tenancy to ensure the property is safe from electrical hazards.
Tenant Safety & Risk Assessments
– Smoke Alarms & Carbon Monoxide Alarms should be tested and in proper working order on the start day of a tenancy. It is also advised that they are regularly checked throughout the tenancy.
– Furniture & Furnishings Regulation 1988 stipulates landlords must ensure all furniture supplied meets the standards and is tagged appropriately.
– PAT Testing & Plugs and Sockets (Safety) Regulations must be adhered to, to prevent injury and claims.
– Legionella & Fire risk assessments are also advised to fulfil the Landlords duty of providing a safe living place.
Deposits & Prescribed Information
– Securing a Tenancy Deposit must be done within 30 days of receipt and held with one of the tree government approved schemes. Failure to do so can delay serving a Section 21 possession notice as well as result in a fine of up to 3x the deposit.
– Deposit prescribed information also has to be served to the tenant within 30 days of receiving the deposit. It is advised that the tenant signs and returns a copy of the document as proof that it was received.
– Securing a deposit is a very important process and must be done in a methodical and timely manner.
Right To Rent & Other Checks
– Right To Rent Checks. By law, it is a Landlords duty to ensure that all new tenants have the “Right To Rent” in the UK. This means they must be a British Citizen, EEA or Swiss National or has been granted special permission to reside in the UK. Penalties of up to £3000 and 5 years imprisonment are enforceable following a breach.
– How to Rent Guide is a government document that explains how a proper tenancy should be conducted as well as the tenants rights. It is vital that this is served at the beginning of a new tenancy as without it, a Section 21 notice for possession cannot be served.
Other
The list of legislation and regulation that Landlords must follow is extensive and self managing landlords should ensure they are appropriately informed, educated and up to date. The list below includes further Laws and Acts that must be met.
– Fitness For Human Habitation Act 2018
– Landlord and Tenant Act 1985
– The General Data Protection Regulation (GDPR)
– ICO Registration
– Deregulation Act 2015
– Tenant Fees Act 2019
And the list goes on….
Meeting your Landlord duties isn’t always easy.
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