IT’S THE LAW! – DON’T GET CAUGHT OUT
We know that keeping up with so many things at a time is a struggle, so here we are to make things easier for you with our guide on landlord legislation & compliance to stay one step ahead of the game.
An overview of the each legislation which landlords need to be aware of:
EPC (Energy Performance Certificate)
The guidelines on the government website is currently that all properties need to have a EPC which is in date and is a minimum rating of an ‘E’ in order to be marketed and for any existing tenancies.
If you don’t currently have an EPC on your property, speak to us today so we can help you book this in 0207 734 4062.
As part of an ambitious plan from the government to reduce our collective carbon footprint the government plans to make it so landlords have to bring properties up to an EPC level of C for new tenancies by 2025 or 2026 as well as for existing tenancies by 2028.
What should you do to ensure you achieve the C and can continue to let out your property?
· Lighting: Change all bulbs to LED’s
· Better controls on heating systems, more thermostats even smart heating systems like HIVE
· If you have a hot water cylinder, is it lagged?
· Insulation. This could be loft, cavity wall, floor or ceiling.
· Information on the property. This is key and often overlooked. An assessor will not put holes in walls to see if you have insulated etc. They will make assumptions based on the build type so make sure you supply every bit of information you have, it can often make the difference.
For more information on this and how we can help you can read more here.
EICR (Electrical Installation Condition Report)
From 1 June 2020, released guidance on the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
The rules apply to new tenancies and renewed tenancies entered into on or after 1 July 2020 and for all existing tenancies from 1 April 2021. It covers all private tenancies including licenses to occupy and non-Housing Act tenancies such as Company Lets.
Landlords must ensure that the electrical safety standards are met when the property is occupied during a tenancy and every fixed electrical installation at the property is inspected and tested at least every five years by a qualified person. Written confirmation must be obtained to confirm that any necessary repairs have been completed.
Our GLP Team are happy to arrange an EICR inspection using our preferred approved suppliers.
GSC (Gas Safety Certificate)
The regulations state that all gas appliances, pipework and flues must be checked every 12 months by a registered engineer to ensure they are safe.
At the commencement of any tenancy, a copy of a current Gas Safety Record must be provided to the tenant. Annual checks are required thereafter and a new Gas Safety Record must be provided to the tenants within 28 days of the expiry of the previous one.
The gas engineer must be able to inspect the length of the flue. If you have a flue that is hidden or partly hidden in a wall or the ceiling, then you will be required to fit inspection hatches at recommended intervals. From 1 January 2013 an engineer will class the boiler as ‘At Risk’ and recommend it is not used until the flue can be fully inspected.
The Furniture and Furnishings (Fire Safety) Regulations 1988 (amended 1993)
It is an offence to let out a property containing furniture and furnishings that do not comply with these regulations.
The regulations apply to all upholstered furniture manufactured after 1 March 1989 including all soft furnishings, foam filled items and loose and stretch covers.
Items covered by the regulations
· Furniture intended for use in a private dwelling, including children’s furniture
· Beds, including headboards and mattresses
· Sofa beds, futons and fold up guest beds
· Nursery furniture
· Cushions, seat pads and pillows
· Loose and stretch furniture covers
· Garden furniture that is suitable for indoor use
Items that are exempt
· Furniture manufactured before 1950
· Sleeping bags
· Bed linen (including duvets), pillowcases and loose mattress covers
· Curtains and carpets
Most furniture purchased from a reputable supplier after 1 March 1990 should comply.
Compliant furniture will bear the appropriate labels as illustrated. If the label has been removed, proof of purchase in the UK is required to prove compliance.
Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (Amended 2022)
1. Ensure at least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015.
2. Ensure a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).
3. Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.
The requirements are enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.
It is also now recommended that smoke alarms are tested on the start date of the tenancy.
The Management of Houses in Multiple Occupation (England) Regulations 2006
Any property rented by three or more unrelated persons is deemed to be a House in Multiple Occupation (HMO). It is a requirement under the above Regulations that all HMOs have every fixed electrical installation inspected and tested at intervals not exceeding five years and an Electrical Installation Condition Report (EICR) prepared by a qualified electrical contractor.
Some HMOs are subject to mandatory licensing based on the following criteria:
· The building or part of the building is classed as a HMO AND
· The property is three or more storeys (including basements, mezzanines and loft rooms) AND
· The property is occupied by five or more people, who form two or more households, who are sharing one or more basic amenities.
Additionally some local authorities have the power to introduce selective and additional HMO licensing for properties outside of the standard rules for mandatory licensing.
Housing Health and Safety Rating System (HHSRS)
The Housing Act 2004 introduced a new system for local authorities to assess housing conditions in England and Wales (HHSRS) and it is the owner/Landlord’s responsibility to ensure that properties are let in a suitable condition.
The assessment process considers the severity of any hazard by reference to those people who, based on age, would be most vulnerable to that hazard – even though they may not actually be living in the property at that time. It also includes visitors to the property.
In additional to the tenant’s living accommodation, the assessment of the property must include common areas which the tenant has the right to use or access, such as entrance halls, stairwells, bin stores, sheds, gardens, leisure areas, access roads, parking areas, etc.
For any further information or guidance please don't hesitate to reach out to us on 0207 734 4062.
Kind Regards
Megan Cutforth
Director Of Residential Lettings