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Important Requirements

The following requirements are the responsibility of the landlord. Where you have signed our Full Management agency agreement, they are also our responsibility. In which case, we will need to ensure compliance.


Health and Safety - Gas

Gas Safe Register

Gas Safe Register will replace CORGI gas registration in Great Britain on 1 April 2009. It will be the official industry stamp for gas safety. The Health and Safety Executive (HSE), who is responsible for regulating gas safety in Great Britain, will oversee Gas Safe Register. Please go to www.gassaferegister.co.uk to find the latest information.

Annual safety check

Under the Gas Safety (Installation and Use) Regulations 1998, all gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed and, thereafter, at least every 12 months by a competent engineer (i.e. a registered gas installer).

Maintenance

There is a duty to ensure that all gas appliances, flues and any associated pipe work are maintained in a safe condition at all times.

Records

Full records must be kept for at least two years of the inspections carried out for each appliance and flue, of any defects found and of any remedial action taken.

Copies to tenants

A copy of the safety certificate issued by the engineer must be given to each new tenant before their tenancy commences or to each existing tenant within 28 days of the check being carried out.

Health and Safety – Electrical

Under the Electrical Equipment (Safety) Regulations 1994, and certain other regulations, electrical appliances and equipment provided in tenanted premises must be safe. It is therefore necessary to make a visual check to ensure that all electrical items, plugs and leads appear completely safe and undamaged, and to remove or replace any faulty items.

Part P

The Government has amended building regulations to include the safe installation or extension of electrical circuits in dwellings. These changes came into force on the 1st January 2005 and affect any dwelling that has had electrical work carried out from that date. Please go to www.planningportal.gov.uk for the latest details.

Consumer Protection - Fire

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire-resistance standards. The regulations apply to all upholstered furniture; beds, headboards and mattresses; sofa beds, futons and other convertibles; nursery furniture; garden furniture suitable for use in a dwelling; and scatter cushions, pillows and non-original covers for furniture. They do not apply to: antique furniture or furniture made before 1950; bedcovers including duvets, loose covers for mattresses and pillowcases; curtains; carpets; or sleeping bags. Items that do comply will have a suitable permanent label attached. Non-compliant items must be removed before a tenancy commences.

Smoke Alarms

All properties built since June 1992 must have been fitted with mains-powered smoke detector alarms from new. Although there is no legislation requiring smoke alarms to be fitted in other ordinary tenanted properties, it is generally considered that the common law "duty of care" means that landlords and their managing agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. We therefore strongly recommend that the landlord fits at least one alarm on each floor (in the hall and landing areas).

The risk of being killed or injured by a fire has been estimated at more than 10 times likely in Houses of Multiple Occupation (HMOs). Section 67 of the Housing Act 2004 states it is a mandatory requirement that mains smoke alarms are installed in HMOs and are maintained in a proper working order.

Energy Performance Certificates

From 1st October 2008 landlords are required by law to provide an Energy Performance Certificate (EPC) for all buildings or parts of buildings when they are rented. An EPC for a rented property is valid for 10 years, or until a newer EPC is prepared.

An EPC gives tenants information on the energy efficiency and carbon emissions of a building. The landlord must make this information available free of charge to all prospective tenants.

The EPC looks similar to the certificates now provided with domestic appliances. It comes with a report which includes advice and suggestions on improvements landlords could make to save money and energy.

Deposit Protection

There are two types of tenancy deposit protection scheme available for landlords and letting agents (insurance-based schemes and custodial schemes). All schemes provide a free dispute resolution service.
Insurance-based schemes – The Dispute Service (TDS)
  1. The tenant pays the deposit to the landlord
  2. The landlord retains the deposit and pays a premium to the insurer — the key difference to the custodial scheme

Go to www.thedisputeservice.co.uk for the latest information about this scheme.

Custodial schemes – Deposit Protection Service (DPS)
  1. The tenant pays the deposit to the landlord or agent.
  2. The landlord or agent then pays the deposit into the scheme.


Please go to www.depositprotection.com for the latest information about this scheme.

Please note that New Let can only protect a deposit on behalf of a landlord where New Let holds the deposit.
 
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