LANDLORDS LEGAL OBLIGATIONS
Energy Performance Certificate
As from 1st April 2018 any property rented out is required to have a minimum EPC rating of E
Landlords are required to ensure their tenant is provided with a copy prior to commencement of the tenancy
The EPC must also be included on marketing material
Gas Regs 1998
Landlords are required to have an annual gas safety check carried out on all appliances before a tenant moves in. Checks must be carried out by a Gas Safe Registered Engineer and a copy of the certificate must be given to the tenant at the start of the tenancy (www.gassaferegister.co.uk)
Electric Regs 1994
Landlords are required to ensure that all fixed wiring is safe including any appliances. This is usually done every 5 years and must be certified by a qualified electrical engineer (www.niceic.org.uk)
Furnishing Regs 1988,1989, 1993
Landlords must ensure that all upholstery and furniture comply with regulations (www.firesafe.org.uk)
Smoke and Carbon Monoxide Alarms Regs 2015
At least one smoke alarm should be installed on each floor of the property. A Carbon Monoxide alarm must be fitted in any room that contains a solid fuel burning combustion appliance. These must be working at the start of the tenancy.
Landlords are required to ensure risk of exposure to Legionella in water systems is controlled. Properties that have been empty for a while and those with open cold-water tanks/swimming pools/hot tubs are particularly at risk
Right to Rent 1st February 2016
Landlords have a legal obligation to ensure that their tenant and any permitted occupants living at the property have the right to remain in the UK prior to the tenancy commencing.
It is unlawful discrimination to restrict a tenancy length or refuse to grant a tenancy based on the Right to Rent checks, except where the tenants have failed the checks. (www.gov.uk/check-tenant-right-to-rent-documents)
When a tenant pays a deposit, it must be registered and protected within 30 days of receipt with a Tenancy Deposit Scheme.
Standard homeowner insurance will be invalidated when you let the property. Landlords must obtain the correct insurance to cover a rent property.
Mortgage and Leasehold
Landlords must obtain permission from their mortgage company to let a property out. If the property is leasehold, they may also need permission form the freeholders.
Landlords are required to pay income tax on rental income and have a legal responsibility to notify HM Revenue. If a landlord lives outside of the UK for more than 6 months the agent is obliged to deduct basic rate tax on the net income and make quarterly payments to HM Revenue and Customs on the landlord’s behalf. (www.hmrc.gov.uk)