Recent growth in the private rental sector has resulted in the development of various regulations to protect both landlords’ and tenants’ interests, creating a potential minefield of legislation. We will provide guidance on landlord's responsibilities under common law, and obligations in order to comply with the following safety legislation:
Section 11 of the Landlord and Tenant Act 1985
You must keep in repair the structure and exterior of the property including drains, gutters and external pipes. You are obliged to keep in repair and proper working order the installations in the property for the supply of water, gas and electricity and for sanitation. You are required to keep installations in the property for space heating and heating water in repair and proper working order.
The Fire and Furnishings (Fire) (Safety) Regulations 1988 (Amendment) 1993
All furniture and soft furnishings provided in rented accommodation must comply with the regulations. Any items that do not comply or do not have evidence of their complying will have to be removed prior to tenancy commencing. Certain exclusions do apply, and we can advise you of these.
The Gas Safety (Installation and Use) Regulations 1998
All gas appliances, pipework, and meters must be inspected and certificated by a GAS SAFE registered engineer every twelve months. Compliance is vital as deaths are caused each year by the use of faulty appliances and, where no inspection has been carried out, landlords are considered responsible. Cambridge Residential will arrange for our approved engineers to carry out the relevant inspections with minimum fuss and at competitive rates.
The Electrical Equipment (Safety) Regulations 1994
You must ensure that electrical equipment is safe and will not cause danger to your tenants, and that it satisfies the safety requirements of the 1994 Regulations. We can recommend suitably qualified electrical contractors to advise and carry out inspections where appropriate.
The Building Regulations 1991 (Smoke Alarms)
The Building Regulations 1991 insist that mains-operated smoke alarms must be fitted in all new buildings. Property built before 1992 need not comply. However Cambridge Residential recommend that a battery-operated smoke alarm be fitted to every floor of a rented property, to better protect tenants and your investment.
Leading on from Home Information Packs (HIPs) for selling property, it has been a legal requirement since October 2008 for there to be an EPC in place before any Assured Shorthold Tenancy is entered into. Where possible we have the EPC in place when we commence marketing your property.
An EPC is a report prepared by a Domestic Energy Assessor (or DEA) on the energy efficiency / carbon footprint of a particular property, not to be confused with reports on safety of electrical or gas installations. As well as providing information on the current energy efficiency of a property, it also provides an idea of to what level and how it could be improved upon.
If you have recently purchased the property, you may already have an EPC as part of your HIP. If not, we will arrange the EPC for you at very competitive rates. The good news is that an EPC has a 10 year life, and so does not add to your year on year expenses
Like all income, profit derived from rental income in the UK is subject to tax, regardless of a landlord's residential status. However, many expenses, such as Cambridge Residential commissions, tax accounting fees, ground rent and maintenance charges on leasehold property, and general repair and maintenance costs are normally deductible. We will gladly explain tax implications upon request, endeavouring to reduce your liability where possible.
Overseas residents are subject to special guidelines and should seek further advice from one of our experienced staff.
It is vital that your property and any contents are properly insured against fire, theft, flood and so on. Please speak to your insurance company before your tenancy commences to make sure that your buildings and contents are adequately insured for letting a property.
Alternatively, we are able to arrange insurance specifically for landlords. We can also arrange insurance in case your tenants fail to pay the rent, and also to cover any legal expenses that may be incurred, should the worst happen. Please speak to us for further details.
