Lettings Regulations

• Energy Performance Certificate (EPC)

From 1st October 2008 it became essential for all landlords to obtain an EPC before marketing a property for rent. The EPC is valid for ten years and must be available to all tenants.

• Gas Safety (Installation & Usage) Regulations 1998

The Gas Safety (Installation and use) Regulations 1998 state that it is the duty of any landlord who owns a property with a gas appliance or with gas pipework installed to ensure that such appliances, pipework and flues are maintained in a safe condition so as to prevent risk or injury. Gas appliances will include any appliances designed to use mains, propane or calor gas, for the purposes of heating, lighting, cooking or any other purpose for which gas can be used. Gas pipework would also cover all gas pipework, valves, regulators and meters. Under the legislation, it is compulsory for all landlords to ensure that a gas safety check is carried out every 12 months by a Gas Safe registered engineer. A tenancy cannot go ahead without the gas safety certificate in place and a copy must be provided to the tenants and held on file by the agents.

• Smoke & Carbon Monoxide Alarm (England) Regulations 2015

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 make it a legal requirement to install a minimum of one smoke alarm on every level of a rented property that is used as living accommodation. This means a smoke alarm must also be installed where the hallway, landing or staircase entrance is on a separate level. This is the landlord's responsibility and all the alarms must also be tested and confirmed to be in full working order at the start of a new tenancy. It is the tenant’s responsibility to ensure that all alarms remain in working order for the duration of the tenancy. Tenants must report any faults and replace batteries where necessary. Non-adherence to these regulations could result in a civil penalty fine from the local housing authority.

Carbon monoxide alarms are only a legal requirement in rental properties with  'solid fuel burning combustion appliances'. This means that all properties with a wood burning stove or a coal fire will require carbon monoxide alarm.

• Fire and Safety

It is a legal requirement that any furniture used in a property to be let, complies with the Fire and Furnishings regulations. These are explained below.

(The Furniture and Furnishings(Fire) (Safety) (Amendment)Regulations 1993).

These regulations aim to improve safety by requiring all furniture and furnishings in rented properties to pass the 'cigarette test'.

New furniture is marked with a Kite ticket to show that it passes the test.

• Furniture and Furnishings that have to Comply

The Regulations apply to all upholstery and upholstered furniture and loose fittings, permanent or loose covers including : beds, mattresses, pillow, sofas, armchairs, scatter cushions and beanbags.

Carpets and curtains are not covered by the Regulations.

• Electrical Safety

The safety of Consumer Goods is controlled by the requirements of the Consumer Protection Act 1987. These requirements extend to 'consumer goods' supplied in the course of business - in this case rented accommodation. The landlord is responsible for ensuring that safety rules are complied with - in particular that all electrical appliances are safe for use i.e. that there should be no risk, apart from one reduced to a minimum, that the electrical equipment will in any way cause death or personal injury to any person.Other legislation (principally The Electrical Equipment (Safety) Regulations 1994) covers electrical installations and the safest way of avoiding prosecution for breach of one of the many regulations is to ensure that everything in the rented property is regularly checked and serviced.Most items which have been purchased since June 1989 should meet British Standards.

The Building Regulations 1991 require that all properties built since June 1992 must have mains operated interlinked smoke alarms fitted on every floor.There are no such regulations regarding older property but it is recommended that smoke alarms be fitted to all properties.

• Risks Posed By Blinds

The British Standards Institution published new standards in 2014 based upon the European Standards on safety requirements to address risks posed to children by internal blinds, curtains, corded window coverings and safety devices. Anything used for internal blinds or curtain tracks including, but not limited to, vertical blinds, roller blinds, Roman blinds, and plantation shutters are now subject to the regulations published by the British Standards Institution. The regulations apply to all properties where children are present.

New blinds being fitted must comply with the regulations and have built-in safety systems. If it is not possible due to the window shape or location, separate safety systems should be used such as chain or cord tensioners. Properties where blinds are already installed can still be made safe. If your properties are furnished, cots, playpens, and other furniture should be placed away from windows to avoid children climbing up.

• Legionella

Legionella are natural bacteria found in water. The bacteria multiply at temperatures between 20-45 °C and do not survive above 60 °C.  The most common sources of Legionella and legionnaires disease outbreaks are from domestic hot and cold water systems sink taps and shower heads.  Legionnaires disease is a severe type of pneumonia caused by inhaling airborne water droplets containing the bacteria. Legionnaires' disease is not contagious. The disease is transmitted via drinking water, not by infected persons. The elderly, smokers and those with diabetes or chronic respiratory or kidney disease are more at risk.

Health and safety laws advise that it is the landlords’ duty to assess the risk from exposure to Legionella to ensure the safety of their tenants. The risks from hot and cold water systems in most residential properties are generally considered to be low owing to regular water usage and turnover. An assessment carried out may show that there are no real risks and that the property is being properly managed and maintained and no further action is required.  It is important to review the assessment in case anything changes in the system.

• HMO

Where a house is divided into flats, the Landlord retains control and occupation of all the commons ways. Legislation such as the Housing (Management of Houses in Multiple Occupation) Regulations 1990, the Occupiers Liability Act 1958 and the Housing Act 1985 place responsibility on all landlords for the safety of tenants and visitors and anyone else who comes into the building.

All fire safety regulations must be adhered to and there must be full provision of such fire precaution works as the local authority or fire service may require.

• Right To Rent

Right to Rent' is a new law introduced as part of The Immigration Act. The Immigration Act 2014 places restrictions on illegal immigrants accessing rented accommodation, and took effect across England from 1st February 2016. The immigration status or 'Right to Rent' of all occupants aged 18 and over must be proven by a tenant and confirmed by a landlord before a tenancy is offered. All adults with tenancy agreements starting on or after 1st February 2016 should expect to have their original ID (and visa if applicable) checked by their landlord. If an adult does not have the right to rent in the UK then a tenancy agreement must not be offered to them. If a tenancy is offered without conducting the process outlined above then a civil penalty can be imposed if a landlord is found to be renting a property/room to someone who is in the UK illegally.