Legal Requirements
Important Legal Compliance for Landlords
At Greenwood Property Consultants, we ensure that all of our landlords are fully aware of the legal responsibilities and regulations governing rental properties in England. Below are the key legal requirements you must adhere to:
Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
By following these guidelines and ensuring your property complies with all relevant regulations, you can avoid legal issues and provide a safe, secure living environment for your tenants. Should you need any assistance or clarification on these matters, please don’t hesitate to contact us.
At Greenwood Property Consultants, we ensure that all of our landlords are fully aware of the legal responsibilities and regulations governing rental properties in England. Below are the key legal requirements you must adhere to:
Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
- Compliance: You are required to ensure that all electrical appliances and equipment within the property meet the standards outlined in the Electrical Safety Standards Regulations.
- EICR Requirement: As a landlord, you must carry out an Electrical Installation Condition Report (EICR) every five years to ensure the safety of the electrical system within the property. This report is required by law.
- Gas Safety Checks: It is a criminal offence to let a property with gas appliances, installations, or pipework that has not been inspected by a Gas Safe Registered Engineer.
- Documentation: You must provide the tenant with documentary proof of your compliance with these regulations at the start of the tenancy.
- Required Risk Assessment: Under the Health and Safety Executive (HSE) guidelines, landlords and agents must carry out a risk assessment for Legionnaire’s Disease by a competent person.
- Frequency: The risk assessment must be updated every two years, or upon change of tenant or change of water system.
- Record Keeping: You must keep records of these checks for at least five years.
- Legal Requirement: The Smoke and Carbon Monoxide Alarms (England) Regulations 2015 state that:
- Smoke alarms must be installed on every floor of the property.
- Carbon monoxide detectors must be installed in any room with a solid fuel burning appliance (e.g., wood burning stoves, coal fires).
- Compliance: Ensure that all alarms are in working order at the start of each new tenancy.
- Government-Recognised Schemes: Since 2007, all security deposits must be registered with one of the government-approved deposit protection schemes.
- Usage: The deposit can be used to cover any damage or unpaid rent at the end of the tenancy.
- EPC Requirement: Since 1 October 2008, landlords must provide an Energy Performance Certificate (EPC) for all rental properties.
- Minimum Rating: The property must meet the minimum energy efficiency rating of E or above to be legally rented out.
- Fire Safety Compliance: It is a criminal offence to let a property with furniture or soft furnishings that do not comply with the Furniture and Furnishings (Fire Safety) Regulations.
- Non-compliance could result in fines and/or imprisonment.
- Rental Income Tax: You are liable for tax on the rental income you receive, minus allowable costs and expenses.
- We recommend seeking advice from a qualified accountant to ensure you are meeting all tax obligations.
- Buildings Insurance: You are legally required to maintain buildings insurance for the rental property (typically included in the service charge if the property is a flat).
- Inform Your Insurer: It is essential that you inform both your insurance provider and your mortgage provider that the property will be rented out.
By following these guidelines and ensuring your property complies with all relevant regulations, you can avoid legal issues and provide a safe, secure living environment for your tenants. Should you need any assistance or clarification on these matters, please don’t hesitate to contact us.