All landlords have a duty of care to ensure their tenants are safe. The following outlines the regulations and responsibilities that you have as a landlord in order to stay compliant.
Energy Performance Certificate (EPC)
Before you market your property to prospective tenants, you’re required to provide an energy performance certificate (EPC). EPCs contain information on the typical energy costs and energy use in a property and they give recommendations on how energy consumption can be reduced. The documents, which are currently valid for 10 years, give properties an efficiency rating from A (the most efficient) down to G. A certificate can only be issued by an accredited assessor.
As of April 2020 any rented property with a tenant in situ requires to have an energy rating of E or above. Any property below an E will have to have necessary works carried out (which are recommended on the certificate) up to the value of £3500 to increase the rating. If after the works it still falls below the requirement an exemption can be registered with the Government.
Gas Safety Certificate
If you provide any gas appliances in the property then you must ensure that annual gas safety checks are carried out by a Gas Safe registered engineer. Landlords or their agent must keep a record of the safety check for two years and issue a copy to each tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.
Electrical Inspection Certificate
Landlords are required to have an Electrical Installation Condition Report (EICR) for a rental property. The inspection must be carried out by a qualified person and will need to be renewed in line with the recommendation on the certificate or at least every five years. A copy of the certificate must be provided at the start of a new tenancy and also when renewed during a tenancy.
Carbon Monoxide & Smoke Detectors
The Carbon Monoxide Alarm and Smoke Alarm (England) Regulations 2015 state that all occupied rental properties must have a carbon monoxide alarm fitted in any room where a solid fuel is burnt e.g.: wood, coal, or biomass or in any room where this is a gas boiler or gas fire. Checks must be made by the landlord (or letting agent) to make sure that each alarm is in proper working order on the first day of the tenancy. Landlords will need to provide the expiry dates on both Smoke Detectors and Carbon Monoxide Alarms to ensure these are re-newed at the appropriate time.
Furnishings
Furniture and Furnishings supplied by the landlord must comply with the Fire Safety Regulations. The furniture and furnishings fire safety regulations must be maintained so as to meet the relevant requirements regarding ignition and fire safety. These are also requirements imposed in relation to furniture in houses in multiple occupation (HMOs).
Checking tenants' right to rent
If you’re renting out a property in England, you have an obligation to check tenants’ right to rent. This involves determining whether people are legally allowed to rent residential property in England. You must make suitable checks on all tenants and occupiers aged 18 or over, even if they aren’t named on your tenancy agreement. You have to assess each new tenant, not just those you suspect may not be British citizens. You’re required to check original documents that allow tenants to live in the UK, making sure this paperwork is genuine and doesn’t show signs of having been changed. You must also make copies of the documents and note the date you conducted the checks.
Deposits
Legislation states that once a new tenancy agreement is signed, you must put the tenant's deposit into an authorised tenancy deposit protection scheme and, within 30 days, notify the tenants with details of where their money is being held. Castle Estates currently use Deposit Protection Service, more information can be found at www.depositprotection.com
Insurance
If you know that the property will be unoccupied in the longer term,(30 days or more) perhaps while you redecorate, then it’s a good idea to contact your insurer to let them know that the property is empty.Cover for unoccupied let properties can be dependent on taking steps to preserve a lived-in appearance. This could mean simply keeping the driveway tidy, collecting post and monitoring the heating in the winter to prevent frozen pipes.
Many insurance providers have limitations when it comes to covering unoccupied let properties therefore check with your insurer.