Landlord Legal Obligations

As a Landlord, you have many legal obligations to satisfy in order to rent out your property.  Unfortunately, regardless of length of stay, size of room or amount of rent, there is always going to be a cost.

However, this cost is negligible compared to the costs you could face for non-compliance. These could involve either paying a fine, being prosecuted, or worse, going to prison, yet there is worse...being charged with manslaughter, in severe cases.

Claiming you did not know about these obligations will not be seen as a good enough excuse!

Welcome Property Services can undertake the main obligations for you. We will keep you updated with all the latest legal requirements and changes to legislations to make sure you don't fall short. The main requirements are: The EPC; The Gas Safety Certificate; The Electrical Safety Certificate and; The Tenancy Deposit Protection

1.    ENERGY PERFORMANCE CERTIFICATE - New EPC legislation for landlords 

      As a result of new government legislation, from 1st October 2008, ALL landlords of      
      residential rental properties must have an Energy Performance Certificate (EPC) to show
      any prospective tenents.
    
      There is no need for landlords to obtain EPCs for any existing tenancies not expired
      before 1st October 2008. Once obtained, a certificate remains valid for up to 10 years. If
      a valid EPC still exists when changing tenants no new certificate is required. This applies 
      to both private and social sector landlords and tenants. 

      Your local Council is currently checking up on landlord EPCs. There will be a fine!

                                                 OBEY THE LAW, AVOID THE FINE ! 
                                   Click here to contact us and obtain an EPC now !
      

2.    GAS SAFETY CERTIFICATE 
      "A landlord shall ensure that each appliance and flue is checked for safety within 12  
      months of being installed and at intervals of not more than 12 months since it was last
      checked for safety. And, ensure that a record in respect of any appliance or flue so  
      checked is made and retained for a period of 2 years."
        Gas Safety (Installation and Use) Regulations 1998 

      Download the following document for more info:

Landlords - A guide to Landlords' Duties: Gas Safety (installations and Use) Regulations 1998

      Potential charges for non-compliance:

• Landlords can be convicted, if they are in breach of their tenancy agreements to maintain gas appliances
• Breach of the regulations is a criminal offence
• The HSE are empowered to bring proceedings
• Penalties for non-compliance can bring fines of up to £20,000
• Non-compliance could imply responsibility for any gas related incident through negligence
• Liability for an incident could bring charges for manslaughter in very severe cases leading to substantial fines or even imprisonment Insurance cover may well be invalidated by failure to comply with the Regulation

                             BE SAFE, ITS LAW FOR A REASON! 
         Click here to contact us and obtain a Gas Safety Certificate now !

3.    ELECTRICAL SAFETY CERTIFICATE 

      There is no statutory obligation on landlords or agents to have professional checks 
      carried out on the electrical system or appliances. 
      
      However, under the Electrical Equipment (Safety) Regulations 1994, the Plugs and 
      Sockets etc. (Safety) Regulations 1994, both of which come under the Consumer
      Protection Act 1987, there is an obligation to ensure that all electrical equipment is
      safe. 
      Failure to comply is a criminal offence and could result in:
      

• A fine of £5,000 per item not complying
• Six month's imprisonment
• Possible manslaughter charges in the even of deaths
• The Tenant may also sue you for civil damages
• Your property insurance may be invalidated 
  These regulations are enforced by the Health & Safety Executive.

     There is no statutory requirement to have annual safety checks on electrical equipment 
     as there is with gas, but it is advisable for landlords to have periodic checks done by a
     qualified electrician. 

                                            BE SAFE, NOT SORRY! 
               Click here to contact us and obtain an Electrical Safety Certificate now !
      

4.    TENANCY DEPOSIT PROTECTION 

      Please see our section on Tenancy Deposit Protection.

PLEASE NOTE: THE ABOVE IS MEANT TO ACT AS A GUIDE ONLY, FOR LANDLORDS. YOU SHOULD CARRY OUT YOUR OWN RESEARCH WITH THE APPROPRIATE REGULATORY ORGANISATIONS TO ENSURE YOU HAVE ALL THE FACTS AVAILABLE, BEFORE CARRYING OUT ANY WORK. WELCOME PROPERTY SERVICES WILL NOT BE HELD ACCOUNTABLE FOR ANY LOSSES OF ANY KIND, DUE TO NEGLIGENCE OF LANDLORDS TO RESEARCH THE CURRENT RULES AND REGULATIONS.

Feel free to contact us if you are interested in getting a quote for any or all of the above using the contact form below: