Landlords

Since April 6th 2007, legislation states that any damage deposit taken for an Assured Shorthold Tenancy needs to be held in a Government approved scheme. It could be either The Deposit Protection Service (The DPS), The Tenancy Deposit Scheme (TDS) or Tenancy Deposit Solutions Ltd (TDSL).

Failure to do so could lead to court proceedings issued by the tenant and the Court could action an order stating that you must either reimburse the Deposit to the Tenant in full or lodge it with the custodial scheme. Further to this, an order could be issued requiring you to compensate the tenant with an amount equal to three times the deposit. Not only this, but failure to comply could result in you losing your rights to serve a Section 21 should you deem it necessary to do so.

Acre House Properties will lodge all deposits for all tenancies arranged with the Deposit Protection Service.

As a landlord, you now have a legal obligation to ensure that your property has a valid Gas Certificate prior to your tenancy start date. This must be carried out by a Gas Safe registered engineer and we would recommend that a copy be issued to the tenants before they move into the property. Should this not be carried out and an issue occurs, you could face conviction for not ensuring the property is safe.

Acre House Properties will arrange a gas safety certificate for all tenancies arranged before the start of a tenancy, and for those client using our Full Management Service & Rent Collection Service, we will ensure the gas certificate is renewed annually to keep you compliant.

Landlords have certain legal obligations when it comes to fire safety and protection of their properties and the safety of people who reside in their premises, however, it is not as simple as ensuring there is a couple of fire extinguishers to hand. Good practice and best advice would be that a fire risk assessment is reviewed annually.

You can do the fire risk assessment yourself with the help of standard fire safety risk assessment guides.

If you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.

If your property has an energy rating of either ‘F’ or ‘G’, new government regulations mean that you will not be able to grant a tenancy agreement or allow a periodic tenancy be created unless you are exempt.

All furniture made after 1950 that is within the accommodation that is for let has to meet all the current fire resistance requirements. All furnishings must have the appropriate labelling to indicate compliance. If no labelling is present and compliance is in doubt, checks should be made with the manufacturer. It is the owner’s responsibility to check this.

This regulation applies to a number of things including beds, head & foot boards, mattresses, sofas, pillows, scatter cushions, loose covers for furniture and garden furniture suitable for use in a dwelling.

Legislation requires that landlords carry out fire risk assessments in all areas of their properties. This process will identify any fire hazards and who is at risk and decide if anything needs to be done to remove or reduce that risk. Since 1st October 2015, landlords are required to have at least one smoke alarm installed on every story of their properties and a carbon monoxide alarm in any room containing a solid fuel burning appliance (e.g. a coal fire, wood burning stove).

The landlord must be able to demonstrate that the alarms are in working order at the start of each new tenancy. It’s recommended that you have your tenants sign a declaration to say that they are aware of this being done or ensure that it’s in the inventory at check in as this is signed by the tenant. Should the alarms become faulty during the tenancy landlords are responsible for replacing them.

Landlords with properties in England need to conduct an Electrical Installation Condition Report (EICR) in order to let their properties. This requirement has been extended to all tenancies in England as of 1st April 2021. It is best practice that a qualified person conducts a P.I.R. and issues an E.I.C.R. at the start of every tenancy and every 5 years thereafter.

All electrical appliances that are left in the let property, have to be safe. We recommend that you get all appliances checked annually by a qualified engineer who will give you a PAT (Portable Appliance Test) certificate.

Since April 2018, landlords of privately rented domestic and non-domestic property in England or Wales must ensure that their properties reach at least an Energy Performance Certificate (EPC) rating of E before granting a new tenancy to new or existing tenants.

EPCs last for a maximum of 10 years and a copy must also be provided to the tenants when they move into the property.

Private landlords must understand the requirements under the Housing Act 2004 in relation to the HHSRS and help them identify the type of work that is needed on their properties to conform with the HHSRS, ensure the safety of their tenants and pass local authority risk assessments should they be evaluated.

The housing health and safety rating system (HHSRS) is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. It was introduced under the Housing Act 2004 and applies to residential properties in England and Wales. This assessment method focuses on the hazards that are present in housing. Tackling these hazards will make housing healthier and safer to live in.

Legionnaires’ disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All man-made hot and cold water systems are likely to provide an environment where Legionella can grow. Where conditions are favourable then the bacteria may multiply thus increasing the risk of exposure.

The practical and proportionate application of health and safety law to landlords of domestic rental properties is that whilst there is a duty to assess the risk from exposure to Legionella to ensure the safety of their tenants, implementing simple, proportionate and appropriate control measures will ensure the risk remains low.