Richard Kendall Estate Agent understand that letting out your property involves a range of legal responsibilities. At Richard Kendall, we prioritise safety regulations and compliance to protect both landlords and tenants.
Below, we will outline the essential safety regulations and landlord responsibilities to ensure you are aware of the compliance surrounding letting out your property.
1. Property Safety checks
- Gas Safety: If your property has a gas supply, it is a legal requirement to have all gas appliances, flues, and supply points inspected by a Gas Safe registered engineer to ensure they are safe. A Gas Safety Certificate must be renewed annually, and a copy must be provided to your tenants within 28 days of the inspection. You are required to keep copies of Gas Safety Certificates for at least two years and retain copies of all certificates issued throughout the tenancy period.
- Electrical Safety: An Electrical Installation Condition Report (EICR) is a thorough inspection of a property’s electrical systems and installations to assess their safety and condition. It covers components such as consumer units (fuse boards), protective bonding, lighting, switches, and sockets, ensuring they are safe for tenant use. The report also highlights any immediate hazards that require attention. Any necessary remedial work must be completed within 28 days. EICRs are a legal requirement for new tenancies in England, and as of April 1, 2020, all rental properties must have a valid EICR. These reports are typically valid for up to five years, depending on the condition of the installation.
- Smoke and Carbon Monoxide Alarms: It is crucial for landlords to comply with fire safety regulations and be able to demonstrate that all reasonable measures have been taken to protect the property and tenants from fire and smoke damage. You must ensure that, in the event of a fire, your tenants are alerted promptly to allow them to escape safely. A smoke alarm must be installed on every level of the property. As of October 1, 2022, all private rented properties must have a carbon monoxide alarm installed in any room used as living accommodation that contains a fixed combustion appliance, excluding gas cookers.
2. Energy Efficiency
- An EPC (Energy Performance Certificate) evaluates the energy efficiency of a property on a scale from A to G and is valid for 10 years. Conducted by a qualified Domestic Energy Assessor, the inspection takes into account factors like wall, floor, roof insulation and boiler efficiency. Landlords are legally required to have a valid EPC with a minimum rating of band E before advertising a property for rent. You are required to provide a copy of the EPC to the tenant(s) prior to their move-in. You can check a property's rating on the national EPC register.
3. Right to Rent
- Landlords must check that tenants have the legal right to rent in the UK before moving in, by verifying original documents (e.g., passport, visa) and if required obtaining and checking the tenants Share Code via the government portal. This must be done for each adult tenant. The check should be recorded and kept for at least 12 months after the tenant moves out. If a tenant’s right to remain is time-limited, landlords must recheck their status regularly. Failure to comply can result in fines of up to £3,000 per tenant.
4. How To Rent Guide
- The How to Rent Guide is an essential checklist for renting in England that landlords or letting agents must provide to new tenants at the start of their tenancy and each time the document is amended. It offers practical advice on what to do before and during a tenancy. The guide is available on gov.uk.
5. Deposit Protection
- Tenancy deposits must be protected through a government-approved Tenancy Deposit Scheme (TDS), ensuring deposits are held safely and returned at the end of the tenancy, minus any deductions for damage or unpaid rent. There are two types of scheme, Custodial is where the scheme holds the deposit monies until the end of the tenancy, Insured is where the landlord holds the deposit, but the scheme insures it and helps resolve disputes. Landlords must provide tenants with scheme details within 30 days. Non-compliance can result in penalties, including being unable to evict the tenant through a Section 21 notice and paying up to three times the deposit in compensation.
6. Tenant Information
Before moving a tenant into a property, landlords must provide the following:
- Valid Energy Performance Certificate (EPC): This outlines the energy efficiency rating of the property.
- How to Rent Guide: The latest version of the government’s guide for renting in England.
- Tenancy Agreement: A written contract outlining the terms of the tenancy.
- Gas Safety Certificate: A certificate confirming that all gas appliances have been checked by a registered Gas Safe engineer (if applicable).
- Electrical Installation Condition Report (EICR): A report confirming the safety of the property’s electrical installations, required every 5 years.
- Deposit Protection Information: Details of the tenancy deposit protection scheme (TDP) used to protect the tenant’s deposit, including the prescribed information document and deposit scheme leaflet.
- Inventory (optional but recommended): A document that details the condition of the property and its contents, to avoid disputes when the tenancy ends.
Providing these documents is crucial to ensure legal compliance and smooth tenancy management.
Consequences of Non-Compliance
Failure to comply with lettings regulations can lead to fines, legal action, and the inability to legally evict tenants. In more serious cases, non-compliance with safety regulations may result in criminal charges.
As a landlord, it’s essential to stay up to date with legislative changes and keep detailed records of all compliance activities.
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