Landlords are subject to a variety of safety and regulatory obligations. Laws are always changing, so, we stay ahead of the curve and make sure our landlords are kept up-to-date with changes so they never fall behind with their legal requirements.
Please read through our exhaustive list below, and take a look at our ‘property management’ page to see how we can work with you on streamlining your compliance process.
EPC - Energy Performance Certification
All rental properties have legally required an EPC since 2008. A good EPC rating will make your property more attractive to tenants as they will have lower running costs.
- These must be available to the tenant
- Ratings between A and G (running from the lowest energy costs at A to the highest costs at G’
- Property age, the type of heating system, the amount of heating controls available, quantity and type of insulation, type of lighting and window glazing
- The rating will cover you for 10 years and the accompanying report will also give recommendations as to how you can improve your properties’ efficiency
- This is even more important as the Energy Act 2011 will make letting ‘G’ rated properties unlawful from April 2018 - so finding out where you lie is a priority
- Find out about your EPC rating here:
Gas and Electrical Safety
- In line with1998’s Gas Safety Installation and Use Regulations, any property with gas utility must have an annual gas check carried out by a Certified Engineer
- Will check that your entire gas system, from your appliances to flues, is working correctly.
- While this may only take 30 minutes, it’s crucial to the legal running of your property and the safety of your tenants, and insurance.
- All electrical goods in a rental property must receive a ‘portable appliance test (PAT)’ annually in order to comply with the Electrical Equipment Regulations 1994.
- Fixed electrical appliances must also be tested for adequate levels of insulation, earthing and fuses.
- Building Regulations Part P (Electrical Safety in Dwellings) 2005 also state that the majority of electrical maintenance be undertaken by a qualified individual who is self-certified through a registered scheme (for example the National Inspection Council for Electrical Installation Contracting (NICEIC).
- Also Plugs and Sockets (Safety) Regulations 1994 - correct fuse, adaptor
- Also recommended to complete a Domestic Electrical Installation Condition Report every 5 years
Carbon Monoxide Alarms, Smoke Alarms and Furnishing Regulations
- Since October 2015 it has been legally compulsory for all landlords to place a smoke detector on every floor of their rental property.
- Any property with open flued boilers or back boilers must also have a carbon monoxide alarms fitted
- Not only must these be in place, they must be regularly tested to comply.
- The ‘Fire and Safety Furnishing Regulations 1988’ demand that all beds, headboards, seating fabric and covers, cushions and pillows comply with flame retardancy requirements
- Any property with three or more residents share a residence but do not represent a single household (through lack of relation) is defined as a House in Multiple Occupation
- It’s important to determine what type of HMO you have, as different councils have different licence requirements for each type.
Regardless of localised regulation, all HMOs must comply with Management Regulations and Inspections, in line with the Housing Health and Safety Rating System.
- Landlords must guarantee
- The residence’s layout and facilities comply with the local authorities requirements
- The property is safe, habitable and registered with the local authority.
- Fire extinguishers and alarms are in an effective state in case of emergency
- Overseas landlords, defined as ‘Non-Resident Landlords’ (NRL) are persons who have UK rental income and whose ‘usual place of abode’ is outside the UK (Six months or more)’ are still liable for the various UK legal requirements.
- This includes:
- Corporation Taxes Act (1998) - pay UK tax on UK rent received.
- Finance Act 1995: Landlords can apply for an Exemption Certificate - allowing rent to be paid without the deduction of tax.
- Until this point, Austin D’Arcy must charge and withhold tax from the net income from your rental property. We can guide you through this process with our managed property services.
Deposit Protection Scheme (DPS)
- As a landlord, protection of your tenant’s deposit is of top priority. All assured shorthand tenancies must use an approved deposit scheme.