Are you confident that you're adhering to the continuously evolving landlord legislation?

As a responsible landlord, ensuring your tenant's safety and security within the property is paramount. Failure to comply not only risks the loss of eviction rights but also hefty fines, banning orders, and potential imprisonment.

This article aims to give a brief overview of key lettings regulations. If you want more detailed information and the risks imposed for not complying then get in contact with us on 01924 654254 or email kate@letbykate.co.uk and we can tell you what steps you need to take to ensure you remain compliant.

Better still speak to us about our management service to give you full peace of mind!

The Homes (Fitness for Human Habitation) Act 2018

You need to make sure that the properties are fit for purpose. In other words, you need to make sure they're suitable for someone to live in - at the beginning and through to the end of the tenancy. Where a landlord fails to do so, the tenant has the right to act in the courts for breach of contract on the grounds that the property is unfit for human habitation. When we carry out a market appraisal and prior to marketing a property we will notify landlords of any concerns where we feel a property would not meet standards. One of our core values is to provide quality, safe accommodation for our tenants.

Consent to Let

Landlords with mortgaged properties must secure 'Consent to Let' from their lender if on a standard residential product. This step is crucial to avoid breaching mortgage terms. It's important to obtain written confirmation as failure could lead to the lender reclaiming the full mortgage amount.

Tenancy Agreement

Most residential tenancy agreements in England are Assured Shorthold Tenancies (ASTs), providing a framework to protect both landlord and tenant. ASTs vary in length and detail but should include essential information such as the fixed term, contact details, rent amount, payment terms, deposit details, and utility responsibilities.

Gas Safety

The Gas Safety Regulations require landlords to ensure all gas appliances are safe to use, with annual checks conducted by Gas Safe registered engineers. Records of checks must be provided to tenants, and landlords must retain copies for a minimum of two years.

Electrical Safety Certificates

The electrical safety standards in the Private Rented Sector (England) Regulations 2020 require that landlords must ensure the electrical installation is safe, with a 5-year Electrical Installation Condition Reports (EICRs) now mandatory for all tenancies. A separate piece of legislation also covers the safety of electrical equipment is safe and that a Portable Appliance Test (PAT) should be carried out regularly by a qualified engineer.

Fire Safety / Carbon Monoxide (CO) Detectors

Revised legislation mandates smoke detectors on each habitable storey and carbon monoxide alarms in rooms with fixed combustion devices. Landlords must maintain proof of compliance as it is the landlord’s responsibility to prove that this regulation has been adhered to. We are often asked what happens if the tenants take the smoke detector down or don’t replace the batteries? Our response is that as a landlord you should always do whatever possible to safeguard yourself from a legal standpoint. To that end, we always produce a written and photographic record of smoke detection during our tenancy set up, inventories and property inspections for our fully managed landlords.

Energy Performance Certificate (EPC)

An EPC, valid for ten years, is required for all properties and must meet Minimum Energy Efficiency Standards (MEES) to be let legally. In April 2018 the Minimum Energy Efficiency Standards (MEES) made it unlawful to let a property with an energy efficiency rating of ‘F’ or less.

Deposit Registration

Security deposits must be protected (within 30 days) within a government-approved scheme, with prescribed documents issued to tenants. Failure to comply can result in fines up to three times the deposit amount. The maximum deposit amount is limited to the equivalent of 5 weeks rent, and a holding deposit is limited to a maximum of 1 weeks rent.

Furniture and Furnishings (Fire) Safety

All furniture provided in rental accommodation must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and hold a permanent fire safety label.

Safety Standards for Internal Blinds and Curtains

It is a legal requirement that all blinds and curtains which include a cord or chain must comply with published safety standards. Further information can be found at www.bbsa.org.uk

Water Safety

Landlords should ensure that the properties' water supplies are risk free. If a property is empty, that's when there's most risk as the water won't be flowing through the system as regularly. Hot and cold taps should be used at least once a week to make sure water doesn't stagnate. If the house is vacant for an extended period, point one of the above risk assessment list becomes even more important.

Inventory

While not legally required, an inventory is essential for documenting property condition at the start and end of tenancies, aiding in dispute resolution. Also known as a Schedule of Condition, this is a document used to detail the full condition of a property when a new tenancy commences. At Let by Kate our inventories are signed by all parties as an agreed ‘snapshot’ of the property at that time. At the end of the tenancy, the schedule of condition is used (alongside our detailed property inspection reports) to identify any damages caused and to then determine deductions from the security deposit.

Ensuring compliance with landlord legislation is fundamental to maintaining a safe and legally sound tenancy. Give us a call on 01923 654254 if you want more information or to arrange a FREE compliance check on a rental property.