|
As a landlord you should ensure you comply with relevant UK legislations regarding:
Housing (Management of Houses in Multiple Occupation) Regulations 1990
Without going too much into depth of these Regulations, these deal with the control and management of properties listed in certain categories.
The person in control of the property, namely, the Owner, Agent or whomsoever has certain duties to keep the property in safe, clean and good standard of repair. These are such areas as the water supply and drainage; common parts; windows and ventilation; means of escape from fire and disposal of refuse and litter.
The Regulations require the person in control to display a Notice containing the name, address and contact telephone of that person.
Licensing Requirements and Exemptions
From late Spring 2006 it will be compulsory to licence shared accommodation of three or more storeys which is occupied by five or more people who live in two or more separate households. A household may be made up of two people who are married, to each other, or are civil partners. The household may also be made up of people related to each other, or may include nannies or other domestic staff living with the family.
Your council may also have an additional licensing scheme covering other types of shared accommodation. If you are not sure about any of the licensing issues surrounding your property, you should contact your council.
As a landlord you will not be allowed to evict tenants in order to bring the number of occupants in the property below the threshold for licensing it. Your council will have details of out-of-hours information lines and emergency contact numbers. You can read the Directgov article Protection against eviction, and contact your housing advice centre for full information of the support services that are available to you.
If you think you own a property which should be licensed but isn't, then your tenants can report you to the council.
How Do You Apply For a Licence?
The responsible person i.e. the landlord or person having control or managing an HMO, or other property that will need to be licensed, will need to apply to the local council for the licence and pay the appropriate fee. From late Spring 2006 it will be an offence under the provisions of the Housing Act 2004 to operate an HMO without a licence.
Further infirmation can be obtained by visiting the following website
www.direct.gov.uk/en/HomeAndCommunity/index.htm
As a landlord you are responsible for all electrical installations including the wiring of the property, plugs and sockets and any electrical appliance you supply to the property.
There is no statutory requirement governing the formal inspection of electrical safety at set periods, but landlords are required to provide a property that is safe and it is advisable to employ a qualified electrician (preferably NICEIC registered) to conduct an inspection.
It is worth taking the time to do a visual inspection either before or after a tenancy and when completing a formal tenant inspection looking out for old appliances, any wear and tear, excessive loading of plugs and any corrosion or damage.
For more information on Electrical safety and your responsibilities visit The Electrical Equipment (Safety) Regulations 1994 and The Plugs and Sockets etc (Safety) Regulations 1994
Fire Safety
It is advisable that you examine your property, appliances and furnishings to ensure they meet the required safety standards and comply with building regulations, such as:
-
Ensure emergency exits via communal areas (hallways and staircases) are free of obstacles
-
Fire doors and emergency exit passages are indicated
-
If a fire extinguisher, fire blanket and/or fire alarm is provided, you must ensure they are in good working order, meet the British Standard and are serviced annually
-
If the property was built after June 1992 you must have a mains operated interconnected smoke alarm fitted on every level of the property to ensure you comply with building regulations. With regard to older properties you are not required by law to provide smoke alarms, but you are advised to provide at least a battery operated smoke alarm. If you do provide a battery operated smoke alarm you must determine who is responsible for testing and maintaining the smoke alarm and this should be stated in the tenancy agreement.
To be sure your property meets the fire regulations, invite a Fire Prevention Officer to assess your property For further information on fire safety and how to make your property safer visit Here and Here
The Health and Safety Commission has re-published the Approved Code of Practice (ACOP) on gas safety with reference to new and updated legislation and new guidance. It offers advice to those with responsibilities under the Gas Safety (Installation and Use) Regulations 1998 (GSUIR). The GSUIR are concerned with the safe installation, maintenance and use of gas systems. This includes gas fittings, appliances and flues in domestic premises. The GSUIR generally apply to any 'gas' as defined in the Gas Act 1986 (amended by the Gas Act 1995)
Landlords have a duty to:
-
Maintain gas appliances installed for the use of tenants
-
Ensure such appliances are checked annually by a CORGI (Council for Registered Gas Installers) registered engineer
-
Maintain and display these safety check records in the premises.
-
Landlords have specific duties for maintenance and safety checks of gas appliances in 'relevant premises' (occupied for residential purposes under licence, tenancy agreement, set term or GSIUR and includes private landlords of rented accommodation, local authorities and housing associations).
-
If a landlord uses a managing agent then it is their duty to ensure that the terms of the contract clearly specify who is responsible for arranging for safety checks and maintenance to be carried out.
-
Those installing, servicing, maintaining or repairing gas appliances and other gas fittings also have duties under the Regulations
Landlords should:
Under gas safety regulation tenants also have duties. The landlord should make the tenants aware of their responsibilities in writing and should include a clause to this effect in the tenancy agreement.
Tenants have a duty to:
-
Under no circumstances carry out DIY work on gas installations and appliances
-
Inform the landlord or managing agent immediately if they know or suspect a gas system to be unsafe. It is a criminal offence to knowingly use an unsafe gas appliance.
-
In an emergency the tenant should turn off the gas at the main cut off valve and inform TRANSCO of the gas leak immediately
-
Give the landlord access to the premises (subject to the landlord giving reasonable notice) to fulfil their gas checks and maintenance requirements under 1988 regulations
For more information on Gas regulations and your responsibilities visit, The Gas Safety (Installation and use) Regulations 1998 and CORGI Council for Registered Gas Installers
Useful Numbers
HSE Gas Safety Advice line: 0800 300 363
Transco Gas Leak: 0800 111 999
Gas Consumers Council: 0645 060 708
CORGI (Council for Registered Gas Installers): 01256 372300.
It is the responsibility of the landlord to comply with the Furniture & Furnishings (Fire) (Safety) Regulations 1993 (Amended 1989 and 1995), which extends the scope of the Consumer Protection Act 1987.
It is an offence to install any furniture in let properties which does not comply with the regulations
The regulations apply to beds, mattresses and headboards, scatter cushions and pillows, stretch or loose covers for furniture, children's furniture, garden furniture and any items of similar type fillings of which must carry the appropriate labels of compliance. Upholstered furniture must have fire resistant filling material and must pass a cigarette resistance test, permanent covers must pass a match resistance test.
Furniture in any property, which qualifies for the transitional period (i.e. was let prior to 1st March 1993 and continue to be let), does not have to comply until the tenant who occupied the property prior to 1st January 1997, vacates the property. Any furniture added to the property since 1st March 1993 must comply with these requirements whether new or second-hand. The regulations do not apply to antique furniture or any made before 1st January 1950.
For more information visit Here A guide to the Furniture and Furnishings (Fire) (Safety) regulations
Insurance
With any investment there is a degree of risk. Insurance isn't always at the front of your mind when buying or managing a property. However it is vital to protect your investment should things go wrong.
It is an obligation for landlords to insure the property and this obligation forms part of both the Assured Short hold (AST - England and Wales) and Short Assured (SAT - Scotland).
A comprehensive Landlords policy such as the UkinsuranceNET landlord's insurance policy can provide all the necessary cover. Cover options to consider can include the following:
Buildings
Standard tenancy agreements require you to keep the fabric of the property in a good state of repair. Many of the occurrences that can damage a building are insurable and therefore, by having a quality comprehensive insurance policy in force, this will assist you in meeting your obligations within the tenancy agreement.
Contents
If you leave contents in the property for the tenants use you may wish to insure against their loss or damage or any liability arising from their use.
Loss of Rent
Covers loss of rental income whilst the property is unoccupied following loss or damage due to an insured peril
Landlords Property Owner's Liability
As owner of the buildings and their land, you as landlord are legally liable if someone injures him or herself or dies due to defective premises.
Employers' Liability
Maintaining and managing your properties often means employing people to do work for you. As owner of the buildings and their land, you as landlord are legally liable if any domestic employee injures him or herself or dies.
Legal Expenses
However well you have vetted your tenants, occasions can arise when you need to employ legal services to take action against tenants (or defend yourself). This can be costly. Legal expenses cover to provide for the costs of legal action can be arranged to protect you from potentially high costs of repossession or other litigation.
|
