LEGAL OBLIGATIONS & LANDLORDS'DUTY OF CARE'
Gas and Electrical regulations
Gas safety (Installation & use) regulations 1994 (amended 1996 + 1998)
It is a requirement of the general safety regulations that all gas
appliances in rented accommodation be installed, safely and correctly by a GAS SAFE (Council for registered gas installers) registered
contractor. It is a further requirement that all gas appliances be tested annually; this must also be carried out by a GAS SAFE registered
contractor. Prior to the tenancy commencing, legally we will require written evidence i.e. Landlords gas safety certificate of appliances having been tested within the last twelve months. Should this certificate not be forthcoming, we will automatically arrange for a suitable test to be conducted, the cost of which will be charged to the landlord. Non-compliance with the above regulations carries a penalty of a hefty fine, imprisonment or both. In addition to the landlord's gas safety check, rent it would recommend you have a carbon monoxide
detector installed.
Electrical equipment (safety) regulations 1994 (Amended 1996)
As a landlord you have a duty of care to ensure all electrical equipment and appliances are 'safe and of no risk or injury to human or animal' under the Consumer Protection Act 1997. It is essential electrical appliances in all rented properties are checked for defects at regular intervals (e.g. badly fitted plugs, frayed wiring etc). Any usage items should be removed from the property correctly repaired or replaced. Rent it strongly recommend that an annual inspection for electrical appliances including an annual electrical supply check (depending on age/state of supply) by a qualified engineer is conducted. Records of all checks carried out at the property should be maintained for inspection. Copies should be forwarded to the rent it management centre. Rent it can arrange these checks on your behalf at an additional cost. This will need to requested to us in writing. Rent it do not undertake the responsibility of ensuring that appliances are maintained in accordance with the above regulations. Part P Buildng regulations-electrical safety. From 1st January 2005, fixed electrical installation work in rented property will be controlled by this regulation. It relates to both partial and full rewiring and includes alterations to new and existing properties. All landlords must ensure that reasonable provision shall be made in the design, installation, inspection and testing of electrical installations in order to protect persons from fire and injury. Sufficient information shall be provided so that persons wishing to operate, maintain or alter an electrical installation can do so with reasonable safety. Electrical compliance certificates will need to be issued by a self certifying engineer or building control within 30 days of completion.
Fire safety regulations & Energy Performance Certificates
Furniture and furnishings (fire) (safety) regulations 1988(amended 1993 + 1996)
We are obliged to inform you that any lettings we arrange must comply with regulations under the consumer protection act 1987. Failure to comply can result in hefty fines and possible imprisonment. As a landlord, when letting out property, it is your responsibility that the following soft furnishings comply eth these regulations:-
Upholstery and upholstered furniture (to include beds, headboards, mattresses, pillows, settees, armchairs, loose covers, sofa beds, cushions, beanbags, futons, conservatory and garden furniture.
The only way you can ensure the above items comply with the regulations is to check that they are marked with the necessary regulatory display label.
Furniture manufactured between 1950 and 1990 cannot be supplied to a tenant unless it has not been professionally re-upholstered with conforming materials. It is not generally
accepted to use fire retardant treatments.
Energy Performance certificates
From 1st October 2008, all rental properties with a new tenancy in England and Wales will be required to have an energy performance certificate. EPC’s look similar to the energy labels found on domestic appliances i.e. fridges and washing machines. The energy efficiency and environmental impact of your property will be rated on a scale of A-G (Where A is the most efficient and G the least efficient). Current running costs for heating, hot water and lighting will also be shown on the ertificate together with a list of recommended energy saving improvements. You can arrange a EPC yourself or Rent it can arrange an accredited domestic energy assessor (DEA). They will visit your property to assess the age, construction and location of the property as well as its current fittings such as heating systems, insulations, double glazing etc. The EPC will remain valid for 10 years.
Useful contacts
For free impartial advice on energy efficiency improvements call 0800 512 012 or visit www.energysavingtrust.org.uk
Should you have any questions with regard to current legislation for the rental industry please do not hesitate to contact us at the office where a member of our team will be on hand to guide you.