Smoke & CO Alarms
From the 1st October 2015 all new tenancies require a smoke detector to be installed on every floor of a property.
From the 1st October 2022 all new tenancies require a carbon monoxide detector to be installed in any room which contains a fixed combustion appliance. [Excluding Gas Cookers].
Please ensure that smoke & CO alarms (where applicable) are installed at your property. As per the management agreement, if these are not provided, we will install alarms at the property and a fee will be charged to you for this service.
- £30 + VAT per CO Alarm
- £15 + VAT per Smoke Alarm
Gas safety and Appliances
As a landlord, you are legally responsible for the safety of your tenants in relation to gas safety. By Law, you must:
- Repair and Maintain gas pipework, flues and appliances
- Ensure an annual gas safety check on each gas appliance and flue
- Keep a record of each safety check and provide your tenant with each new safety check
If your property has a gas installation and/or appliances then in accordance with the Gas Safety (Installation & Use) Regulations, the Gas Safety record must be renewed annually (CP12). The cost for this is £60 + VAT.
Electrical safety and goods
Legislation places obligations on landlords to ensure that all electrical appliances supplied by the landlord are safe at the date of supply.
In the UK, landlords have an obligation to ensure the safety of the tenants in their properties by carrying out an Electrical Installation Condition Report (EICR). This report is carried out by a qualified electrician and is designed to test the safety of the electrical installations and wiring in the property and identify any potential problems. The report must be updated at least every 5 years, or more regularly if any changes are made to the electrical installation and must be provided to the tenants. Failure to carry out an EICR puts the safety of tenants at risk and landlords can face serious legal consequences.
Housing Health and Safety
The Housing Health and Safety Rating System: Guide for Landlords and Property-Related Professionals was produced by the government in 2006.
HHSRS enforcement
Local authorities have statutory duties and powers to take enforcement action to deal with properties containing hazards identified under the HHSRS. Under the HHSRS local authorities have a duty to take appropriate enforcement action in relation to Category 1 hazards, and discretion to act in relation to Category 2 hazards.
If a hazard presents a severe threat to health or safety, it is known as a category 1 hazard. If a local authority considers that a category 1 hazard exists on any residential premises, they must take the appropriate enforcement action in relation to the hazard.
Less severe threats to health and safety are known as category 2 hazards and a local authority may take appropriate enforcement action to reduce the hazard to an acceptable level. The circumstances in which local authorities will take action over category 2 hazards will vary and will depend on the individual local authority's enforcement policy.
Note: If your property falls within a selective license area, the local authority will carry out random inspections to ensure compliance with the license and to ensure the property is up to standard. If repairs are recorded on the inspection, they will give a landlord 1 calendar month in order to rectify these. We work closely with the local authorities and landlord’s in these instances to ensure requirements and deadlines are met appropriately.
Section 11 of the Landlord and Tenant Act 1985 states that a landlord shall keep in repair:
- The structure and exterior of the dwelling
- The installations for the supply of water, gas, electricity, and sanitation
- The installations for the supply of space heating and water heating and the communal areas and installations associated with the dwelling (section 11 as amended by section 116 of the Housing Act 1988), where these are controlled by the landlord.
In simple terms, if a tenant(s) has a heating system that is not working, toilet or washing facilities and you do not authorise to fix them, you are breaking the law and it is a criminal offence.
Energy Performance Certificate
Since 1st October 2008, an Energy Performance Certificate (EPC) is required when a property is let to a new tenant(s). The purpose of the EPC is to show a prospective tenant(s) the energy performance of the dwelling they are considering renting.
The EPC shows two things; the energy efficiency rating (relating to running costs) and the environmental impact rating (relating to the carbon dioxide emissions) of a dwelling.
Once an EPC is obtained it is valid for 10 years. It is not a requirement to provide an EPC if only a single room in a house is being let or if a house is let room by room on separate contracts.
Chimney Sweeps
The landlord is responsible for ensuring the safety of working and servicing of all heating and hot water installations in the property. This also refers to fires and coal or wood-burning stoves. The responsibility includes all flues and ventilation, therefore it is the landlord’s responsibility to have all chimneys swept annually in a property.
Building regulations Part P
The design, installation, inspection, and testing of electrical installations are controlled under Part P of the Building Regulations which applies to houses and flats and includes gardens and outbuildings such as sheds, garages, and greenhouses.
All work that involves adding a new circuit or is to be carried out in bathrooms and kitchens will need to be either carried out by an installer registered with a government-approved competent person scheme or alternatively notified to building control before the work takes place. Generally, small jobs such as the provision of a socket outlet or a light switch on an existing circuit will not be notified to the local authority building control.
High-risk areas such as bathrooms, kitchens, and outside areas are exceptions. All work that involves adding a new circuit or in bathrooms and kitchens will need to be either notified to building control with a building regulations application or carried out by a competent person who is registered with a Part P self-certification scheme.
Safety of furniture
Furniture and furnishings supplied in rental accommodation must comply with The Furniture and Furnishings (Fire) (Safety) Regulations 1988.
Some materials used to fill or cover furniture, particularly older and second-hand furniture may be a fire risk and often produce poisonous gases when burning, such as cyanide or carbon monoxide.
There are severe penalties for non-compliance.
If you let your residential property furnished you must ensure that certain types of furniture and furnishings provided meet the current safety regulations - failure to comply with the regulations is a criminal offence and may result in:
- A fine of £5,000 per item for not complying
- Six months imprisonment
- Possible manslaughter charges in the event of death
- The tenant may also sue you for civil damages
- Your property insurance may be invalidated
These regulations are enforced by local Trading Standards Officers
House in Multiple Occupation (HMO)
If the property is classed as an HMO you must ensure that the property is registered and the necessary licence is obtained from the local housing authority. Further information can be obtained at www.propertylicence.gov.uk
House in Selective License designated areas
If your property falls within a selective license area, you must ensure that the property is registered and the necessary license is obtained from the local housing authority. Further information can be obtained from your relevant local authority or you can contact our Compliance & Property Manager: Annelise Phelan: annelisephelan@nguhomelettings.com