Landlords Compliance/Legislation

Lettings Legislation is forever changing and evolving and that is the primary reason we recommend using a managing agent to look after your biggest asset. If you prefer for us to just find you a tenant and look after it yourself, we want to get you off to a good start so you know what you are doing.

Gas Safety (Installation & use) Regulations 1998

A mandatory yearly gas safety record check is required on all gas systems, appliances and meter. A copy must be given to the tenant before a tenancy agreement. Yearly checks need to be given to the tenant within 28 days of being carried out.

Failure to comply can result in an unlimited fine, and within crown court prosecution this can also include imprisonment.

Smoke and Carbon Monoxide Alarm Regulations 2015

A smoke alarm is to be fitted on each storey of a property where a room is used as living accommodation. Checks should be made before a tenancy starts and a provision should be made in the tenancy agreement to ensure that the tenants test the alarms.

Carbon Monoxide Alarms should be fitted in any rooms with a solid fuel burning appliance.

Failure to comply could result in a penalty up to £5,000.

Electrical Safety Standards in the Private Rented Sector 2020

These regulations enforce that you have an Electrical Installation Condition Report (E.I.C.R) carried out by a fit and proper competent person at least every 5 years. Where the report shows remedial works, this must be carried out within 28 days. The certificate should also be supplied to the tenant(s) within 28 days.

Failure to comply may impose up to a £30,000 penalty.

EPC (Energy Performance Certificate)

This is a document that must be given to tenants before the start of the tenancy. The property must not have a rating lower than a E in order to comply with regulations. An EPC must also be valid when giving notice to tenants.

Please Refer to the EPC tab for further information. Every Instruction receives a FREE EPC (if required)

There are lots of different penalties relating to non-compliance

Furniture and Furnishings Regulations 1988

Any upholstered furniture must have a permanent fire resistant label attached.

Failure to comply may result in a penalty up to £5,000 and/or imprisonment for up to 6 months.

Electrical Equipment Safety Regulations 1994

PAT (Portable Appliance Test) is also another check that is not currently mandatory (maybe in the future). This is a check to show that you are being competent, due diligent and ensuring the property is safe. This is a test carried out on any electrical appliances left in the property to show they are safe to use.

Legionella Risk Assessments are not a mandatory obligation however it is advised to carry out one to show due diligence. This is an assessment to check for bacteria within water droplets that can cause illness.

A really important part to get right is when you are giving notice to your tenants. If this is not carried out correctly it will be invalid which can cost you time and money.

For an AST, a section 21 (form 6a) notice should be served correctly; in writing, with the correct wording, with the correct notice period with valid documentation. As Above.

Whether Kalm Estate Agents manage your property or not, we are on hand to provide you with impartial advice to assist you with the best of our knowledge on 01438 572020

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