Registered professionals conduct safety inspections to issue Gas Safe Certificates, which must be provided to tenants within 28 days of the inspection, which should occur annually.
Prior to the start of a new tenancy, an Energy Performance Certificate (EPC) with a rating of E or higher must be presented. These certificates remain valid for 10 years.
During a tenancy, a valid Electrical Installation Condition Report (EICR) must be available to ensure the safety of the property from electrical hazards.
Smoke alarms and carbon monoxide alarms must be tested and in proper working order on the start day of a tenancy, and it is recommended that they are regularly checked throughout the tenancy.
The Furniture and Furnishings Regulation 1988 requires landlords to ensure that all furniture supplied meets safety standards and is properly labeled.
Landlords must comply with PAT Testing and Plugs and Sockets (Safety) Regulations to prevent injury and liability.
To fulfill their duty of providing a safe living environment, landlords should also conduct Legionella and fire risk assessments.
Landlords must secure a tenancy deposit within 30 days of receipt by using one of the three government-approved schemes. Failure to do so can lead to a fine of up to three times the deposit and delay the process of serving a Section 21 possession notice.
Within 30 days of receiving the deposit, landlords must provide the tenant with prescribed deposit information. It is recommended that the tenant signs and returns a copy of the document as proof of receipt.
Securing a deposit is a crucial task that must be completed in a systematic and timely manner.
Deposits & Prescribed Information
Landlords are legally required to verify that all new tenants have the “Right to Rent” in the UK, which includes being a British citizen, EEA or Swiss national or having special permission to reside in the UK. Failure to comply with this law can result in penalties of up to £3000 and 5 years imprisonment.
The “How to Rent” guide is a government document that provides information on how a tenancy should be conducted and the rights of tenants. It is essential for landlords to provide this guide at the beginning of a new tenancy, as failure to do so can prevent a Section 21 notice for possession from being served.
Self-managing landlords must stay informed, educated, and current on the extensive list of legislation and regulations they are required to abide by. The following are just a few examples: the Fitness for Human Habitation Act 2018, the Landlord and Tenant Act 1985, the General Data Protection Regulation (GDPR), the requirement to register with the ICO, the Deregulation Act 2015, and the Tenant Fees Act 2019. This is not an exhaustive list and there may be more laws and acts that must be met.
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