Landlord Obligations

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Landlords have a legal obligation to ensure that the property they let is safe and complies with legislation. These safety regulations are subject to change and it is important to stay up to date as penalties for non-compliance can be very severe. A brief summary of the important legislation is outlined below. Our qualified letting consultants will be able to discuss your obligations with you in more detail.

1 Gas Safety (Installation and Use) Regulations 1988

As a landlord, you are legally responsible for the safety of your tenants in relation to gas safety. By law you must repair and maintain gas pipework, flues and appliances in a safe condition. Ensure an annual gas safety check is carried out on each appliance and flue and keep a record of each safety check

2 The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 & Electrical Equipment (Safety) Regulations 1994

Landlords must ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every 5 years. A copy of the report must be issued to the tenant. Landlords must confirm that all electrical appliances comply with the Electrical Equipment (Safety) Regulations 1994, and the Plugs and Sockets, etc. (Safety) Regulations 1994 and The Electrical Safety Standards in Private Rented Sector (England) Regulations 2020.

3 Energy Performance Certificates (EPC)

As of the 1st October 2008 all properties being marketed as available to let are required to have an Energy Performance Assessment carried out and a certificate produced.

4 The Furniture and Furnishings Fire (Safety) Regulations 1998

Landlords need to ensure that all furniture and soft furnishings, including garden and patio furniture, comply with the regulations. This will be checked during the Inventory and any furniture that does not comply will have to be removed.

5 Smoke Alarms and Carbon Monoxide Detectors

Private sector landlords are required from 1 October 2015 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 (eg 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.

6 Licenses

In some parts of Hastings and St Leonards a license to rent may be required. This is provided by the council once relevant paperwork has been provided and an inspection has been carried out.

7 Tenancy Deposit Protection

As of the 6th April 2007, all Tenancy Deposits must be protected in accordance with the rules and regulations of the Tenancy Deposit Protection Scheme implemented under the Housing Act 2004, this applies to all Assured Shorthold Tenancies. We are members of the Tenants Deposit Scheme custodial scheme and register all deposits for our managed properties with them.

8 Insurance

Landlords need to ensure that they have the appropriate building and contents insurance in place for renting a property. Not all insurance products cover rental properties so it is important to check the policy cover.

9 Tax (Non Resident Landlords)

If you live outside the UK or spend more than 6 months a year abroad, you need to complete a Non Resident Landlord (NRL) form in order to apply for approval from the Inland Revenue for an agent to pay the rent to you without any deductions for tax. We can supply you with the relevant forms.

10 Mortgages

If you don’t have a specialist buy to let mortgage you may need to inform your lender of your intention to let your property.