If you are unfamiliar with your obligations as a landlord, please see the below information. This information is only intended as a brief outline and is not exhaustive. We work with our landlords to ensure that all aspects of their property are compliant. If you would like further advice, please contact us.

In order to ensure that your property is compliant throughout the tenancy, you may like to consider our 'Full Management' service.

GAS SAFETY

Landlords must comply with the Gas Safety (Installation and Use) Regulations 1998.

All gas appliances within a property, including, but not limited to, boilers, fires, ovens and hobs must be maintained, regularly inspected and a gas safety record kept. This record must be provided to the tenant at the time the tenancy agreement is signed. Inspections must be carried out annually.

Others points to note include:

• Appliances with open flues must not be installed in bedrooms.
• Where the gas meter is in a box, a key to it must be provided to the tenant.
• Appliance ventilation must be unobstructed.
• Instructions for all gas appliances must be available to the tenant.
• Any appliance which is faulty must be repaired, removed or replaced immediately.

Please note this is not an exhaustive list. Please contact us should you require further guidance. We can assist you with obtaining the necessary certification.

Mortgage

Landlords who wish to let a property where the mortgage product is for owner occupancy 'residential' terms must contact their lender and obtain 'consent to let.' If you already have a 'buy-to-let' mortgage, this is not necessary.

Please contact us if you would like to arrange a free of charge mortgage consultation with our financial advisor.

CO2 and Smoke Detectors

Smoke detectors must be fitted on every floor of a property on which there is a room which is used either in whole or in part as living accommodation. Living accommodation can include, but is not limited to, hallways, landings, bedrooms, kitchens, bathrooms and reception rooms. Thus, in most cases, every floor will require a smoke detector.

In the case of flats, every flat is considered a premises and thus the same legislation applies even if there is a smoke detector elsewhere on the same floor of the building. 

Whilst hardwired alarms are preferable, standalone alarms are acceptable. If opting for a standalone alarm, we recommend using a tamperproof model powered by quality lithium batteries, in order to reduce the risk of batteries being removed and not replaced. Please note that heat detectors are not acceptable.

CO2 detectors must be installed in any room where there is an appliance or fire which is capable of burning solid fuels. In addition to this, it is considered best practice to fit CO2 detectors in any room where there is a gas or oil fired appliance.

Entitlement to Rent

Under the Immigration Act 2014, the landlord or managing agent must ensure that any tenant or lodger is legally entitled to rent the property. Letting a property to a tenant who is not entitled to do so can result in a fine of up to £3000, thus it is imperative the necessary checks are carried out and records kept.

Legionnaires Disease

Landlords must adhere to the Control of Hazardous Substances Regulations 2002, in order to ensure their tenants are protected against legionnaires disease. Your property should be assessed to determine whether any aspect carries a risk and any necessary action should be taken,

Deposit

Deposits must be registered in a government approved scheme. Before the tenancy begins, the tenant must be given the Governments 'how to rent' booklet.

maintenance

Under the Landlord and Tenant Act 1985, the landlord is responsible for the structure and exterior of the property, plus all services which serve the property. The landlord is also responsible for the electrics and gas, including any appliances which they have provided at the property.

Although the tenant is responsible should they cause damage, the landlord must maintain and upkeep the property as 'wear and tear' occurs. This includes both carpets/flooring, decoration, fixtures and fittings.

Prompt maintenance is essential because under new laws, failure to do so can make it difficult to evict the tenant should the need arise.

On properties (usually leasehold) where there is a maintenance/service charge, this is the landlords responsibility.

Landlords who may not be able to deal with issues promptly should consider our 'Full Management' service.

INVENTORY/schedule of condition

In addition to the above obligations, it is highly recommended that an inventory/schedule of condition is prepared. This should be completed and signed by both the landlord/managing agent and the tenant before the tenancy begins. The 'Deposit Protection Scheme' was introduced in 2007 and the landlord must now prove that damage was caused in order to make a deduction from the tenants deposit. Not only does this allow the landlord to make a claim where damage (beyond reasonable wear and tear) has occurred, it also protects the tenant from the landlord claiming where the damage was caused by a third party.