The Legal Stuff

Update: 25/09/2015. New regulations come into force on the 1st of October 2015. They introduce new obligations on landlords to provide specific information to their tenants, and restrictions on the use of the Section 21 Notice.
The Department of Communities and Local Government (DCLG) new regulations introduce new obligations on landlords to provide specific information to their tenants, and restrictions on the use of the section 21 Notice no fault possession procedure if they fail to do so.
The new regulations will only apply to new tenancies from 1st October 2015, and then to all tenancies from October 1st 2018.
From 01/10/2015 landlords will become responsible for giving tenants a booklet called “How to rent: the checklist for renting in England”.
For more information please contact one of our representatives.

There are several regulations relating to electrical installations, equipment and appliance safety, and these affect landlords and their agents in that they are ‘supplying in the course of business’. They include the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations 1994, the 2005 Building Regulation – ‘Part P, and British Standard BS1363 relating to plugs and sockets. Although with tenanted property there is currently no legal requirement for an electrical safety certificate (except in the case of all HMOs) it is now widely accepted in the letting industry that the only safe way to ensure safety, and to avoid the risk of being accused of neglecting your ‘duty of care’, is to arrange such an inspection and certificate.

All properties built since June 1992 must have been fitted with mains powered smoke detector alarms from new. Although there is no legislation requiring smoke alarms to be fitted in other ordinary tenanted properties (except HMOs), it is generally considered that the common law ‘duty of care’ means that Landlords and their Agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. We therefore strongly recommend that the Landlord fit at least one alarm on each floor (in the hall and landing areas).

Update:
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 come into force on 1st October 2015. Landlords and managing agents may be liable to a £5000 fine if they fail to comply. The new legislation requires that all landlords must install a working smoke alarm on every floor of a property as well as carbon monoxide detectors in rooms where solid fuel appliances are present.
For more information please speak to one of our representatives.

If your property is on 3 or more levels and let to 5 or more tenants comprising 2 or more households (i.e. not all of the same family) it will be subject to mandatory licensing by your local authority. Whether mandatory licensing as above applies or not, if there are 3 or more tenants not all related in any property, it is still likely to be an HMO, and special Management rules will apply.

The HHSRS provides an analysis of how hazardous a property is through assessment of 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. The HHSRS is enforced by local authorities.

All deposits taken by landlords and letting agents under Assured Shorthold Tenancies (ASTs) in England and Wales must be protected by a tenancy deposit protection scheme. To avoid any disputes going to court, each scheme is supported by an alternative dispute resolution service (ADR). Landlords and letting agents can choose between two types of scheme; a single custodial scheme and two insurance-based schemes.

From October 2010, the Equality Act replaced much of the Disability Discrimination Act of 2005. However, the Disability Equality Duty in the DDA continues to apply. These Acts define disabled peoples rights in respect of premises that are let or to be let. Landlords and managers of let/to let premises are required to make reasonable adjustments for disabled people.

Since 1st October 2008 landlords in England and Wales offering property for rent are required by law to provide prospective tenants with an Energy Performance Certificate for their property. In Scotland EPCs for rental properties have been required since January 2009. The certificates must be provided free either when (or before) any written information about the property is provided to prospective tenants or a viewing is conducted. An EPCs is valid for 10 years. We can arrange an EPC inspection for our landlord clients upon request.