Basic Legal Requirements for UK Landlords and Buy to Let Investors
Here is a brief overview of laws with a view to rental. These listed below are statutory (must be adhered to) legal requirements of which you should be aware. As a basic, these laws protect you and your tenant. It is imperative you adhere to these, as they are not too onerous, and allow you to rent out with confidence.
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You must have an annual inspection of gas supply and gas appliances (if applicable). This must be carried out by a Registered Gas Engineer (see important note below). IMPORTANT: Failure to comply with these regulations may lead to prosecution and/or imprisonment with fines up to £25,000.00
The Health and Safety Executive enforce Gas Regulations. Contact HSE Gas Safety on 0800 300 363
A Registered Gas Installer (see below) must check all gas appliances in rented accommodation every year. This is compulsory under the Gas Safety (Installation and Use) Regulations 1994 (as amended). It is the responsibility of you as Landlord to arrange for these checks to be carried out. Both the Landlord and the tenant should each have a written report on the condition of each appliance. You must as Landlord, keep records of the safety checks and issue a copy of them to new and existing tenants. All engineers must be registered – see important note below.
It is imperative you keep a record of when each appliance was checked and any defects found and repaired. This record should be made available to the tenants on moving into the property within 28 days of the annual inspection being carried out.
Important Note:
On 8 September 2008, the Health and Safety Executive awarded a 10 year contract to Capita Group to provide a new registration scheme for gas installers. This began on 1 April 2009 and replaces the CORGI system. These changes need to be noted by you as Landlords. Prior to 1st April 2009, Landlords were, by law, required to get a yearly Gas Safety Certificate from a CORGI registered gas engineer. From 1st April 2009, Landlords should ensure that all current and future gas engineers are registered with Capita in order to meet their legal obligations.
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An electrical safety check must be commissioned prior to the commencement of a tenancy, and must be carried out by a competent person (a Part P qualified electrician in kitchens and bathrooms) to ensure that the electricity supply, and all appliances, are legal. This includes supplying instruction books where needed for safe use.
IMPORTANT: Failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumer Protection Act 1987 that carries a maximum penalty on summary conviction of a £5000.00 fine and/or six months imprisonment.
This Legislation means that Landlords have a legal obligation and a duty of care to tenants to ensure that the electrical installation and the electrical equipment supplied is safe. The Electrical Equipment (Safety) Regulations have been mandatory since 1st January 1997. They state that all electrical appliances with let accommodation must be safe. This applies to both new and second-hand appliances and covers all electrical items supplied for the intended use of the Tenant. The regulations also cover fixed appliances such as cookers etc. The only method of insuring that these appliances are safe is to have them tested by a trained electrical engineer using the portable appliance testing equipment, know as a (PAT) test.
What does this mean?
All electrical systems/items must be:
- Certified safe when a tenancy begins
- Maintained in a safe condition throughout the tenancy
- Maintained only by ‘competent persons’
- Fit for purpose and free of defects.
What should I as a landlord do?
As a minimum, have an annual electrical safety inspection (i.e. the Enhanced Electrical inspection or”E2”), which includes the electrical equipment. Ensure any installation or maintenance works are done by Part P ‘competent persons’.
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From 6th April 2007 all landlords in England or Wales renting under the standard ‘Assured Shorthold Tenancy’ (AST) will have to sign up to the scheme and abide by its regulations.
There is a legal obligation for landlords who take a deposit to join either a custodial scheme, or an insurance-based version. The service will be free to tenants.
Please see TDPS on this website.
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The Fire and Safety Regulations (soft furnishings) states that all furnishings (beds, sofas, chairs and the like) comply with the latest fire regulations. Ensure that you do not have any non-compliant furnishings in a rental property.
IMPORTANT: Failure to comply with the Furniture and Furnishings Regulations may constitute a criminal offence under the Consumer Protection Act 1987, which carries a maximum penalty on summary conviction of a £5,000 fine and/or six months imprisonment.
From 1st January 1997 all upholstered furniture in rented accommodation must comply with the fire resistance requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended).
All upholstered or part-upholstered furniture is covered by the regulations including mattresses, pillows, and cushions. Each piece of furniture that complies with these regulations should have a rectangular label permanently attached to it with the heading “CARELESSNESS CAUSES FIRE”.
If the furniture was produced prior to 1988 or does not have the above label, it will probably not comply (apart from antiques made before 1950).
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As Landlord, you must under Section 11 of the Landlord and Tenant Act 1985 maintain the property. You must:
Keep in repair the structure and exterior if the dwelling-house (including drains, gutters and external pipes).
Keep in repair and proper working order the installations in the dwelling for the supply of water, gas and electricity. Also for sanitation (including basins, sinks, baths and sanitary conveniences) and to keep in repair and proper working order the installations in heating and heating water.