Be A Better Landlord ~ Don’t Stress About Your Duties

How to Rent: Landlords Your Duties

Gas Safety
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 in safe condition
• Ensure an annual gas safety check on each appliance and flue
• Keep a record of each safety check:
• ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information —

(i) the date on which the appliance or flue was checked;

(ii) the address of the premises at which the appliance or flue is installed;

(iii) the name and address of the landlord of the premises (or, where appropriate, his agent) at which the appliance or flue is installed;

(iv) a description of and the location of each appliance or flue checked;

(v) any defect identified;

(vi) any remedial action taken;

(vii) confirmation that the check undertaken complies with the requirements

(viii) the name and signature of the individual carrying out the check; and

(ix) the registration number with which that individual, or his employer, is registered with (presently Gas Safe)

and also:

• a copy of the record given to each existing tenant of premises to which the record relates within 28 days of the date of the check; and

(b) a copy of the last record made in respect of each appliance or flue is given to any new tenant of premises to which the record relates before that tenant occupies those premises save that, in respect of a tenant whose right to occupy those premises is for a period not exceeding 28 days, a copy of the record may instead be prominently displayed within those premises.

Reference: The Gas Safety (Installation and Use) Regulations 1998, Deregulation Act 2015 (Prescibed Information)

If not complied with landlords may lose their Section 21 rights in England and the standard penalty is a £6,000 fine for each item and/or 6 months imprisonment.

Fire Safety Order
Your landlord must:

• follow safety regulations
• provide a smoke alarm on each storey and a carbon monoxide alarm in any room with a solid fuel burning appliance (for example a coal fire or wood burning stove)
• check you have access to escape routes at all times
• make sure the furniture and furnishings they supply are fire safe
• provide fire alarms and extinguishers if the property is a large house in multiple occupation (HMO)

Risk assessment

(1) The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.

(2) Where a dangerous substance is or is liable to be present in or on the premises, the risk assessment must include consideration of the matters

(3) Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if—

(a) there is reason to suspect that it is no longer valid; or

(b) there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions,

(c) where changes to an assessment are required as a result of any such review, the responsible person must make them.

Risk Assessment fire safety process:

1. Identify fire hazards
2. Identify people at risk
3. Evaluate, remove or reduce risk and protect against remaining risk
4. Record, plan and inform or train
5. Review

Reference: Housing Act 2004, Regulatory Reform (Fire Safety) Order 2005.

If not complied with landlords may lose their Section 21 rights in England and the standard penalty are substantial fines starting around £5000 per breech and possible imprisonment

Energy Performance Certificates (EPCs)

• An EPC is valid for 10 years and can be reused as many times as required within that period.
• The regulations require an EPC to be commissioned, if there is no valid EPC for that building, before a building is put on the market.
• An EPC must be available to any prospective buyer or tenant
• Before marketing a building for sale or rent a person acting on behalf of the seller or landlord (for example, the estate or letting agent) must be satisfied that an EPC has been commissioned for that building.
• An EPC must be produced by an accredited energy assessor who is a member of a government approved accreditation scheme.
• All advertisements in the commercial media must clearly show the energy rating of the building (where this is available).
• The regulations require an EPC to be given free of charge to the person who becomes the buyer or tenant of the building.
• An EPC shows the energy efficiency rating on an A–G rating scale for a building
• The EPC includes recommendations on how to improve energy efficiency.
• The EPC may also include information showing which of the recommendations would be eligible for funding through government or scheme accredited funding.

Reference: The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, Deregulation Act 2015

If not complied with landlords may lose their Section 21 rights in England. Penalties: As from the 1st April 2018 there will be a requirement for any properties rented out in the private rented sector to normally have a minimum energy performance rating of E on an Energy EPC. The regulations will come into force for new lets and renewals of tenancies with effect from 1st April 2018 and for all existing tenancies on 1st April 2020. It will be unlawful to rent a property which breaches the requirement for a minimum E rating, unless there is an applicable exemption. A civil penalty of up to £4,000 will be imposed for breaches. There are separate regulations effective from 1st April 2016 under which a tenant can apply for consent to carry out energy efficiency improvements in privately rented properties

Deposits
The landlord must put the deposit in a government-backed tenancy deposit scheme (TDP) if rented on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:

• Deposit Protection Service
• MyDeposits- including deposits that were held by Capita
• Tenancy Deposit Scheme

Landlord’s must repay the deposit, if:

• terms of your tenancy agreement are met
• there is no damage to the property
• rent and bills are paid

The landlord or letting agent must put the deposit in the scheme within 30 days of getting it. At the end of the tenancy the landlord must return the deposit within 10 days of agreeing how much the tenant will get back. If in dispute, then the deposit (the actual sum of money) will be deposited (protected) in the TDP scheme until the issue is sorted out.

Once the landlord has received the deposit, they have 30 days to:

• Provide a copy of the deposit protection certificate/receipt
• Give the tenant Prescribed Information:

• • the address of the rented property
  • how much deposit has been paid
  • how the deposit is protected
  • the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
  • name of landlord (or the letting agency’s) name and contact details
  • the name and contact details of any third party that’s paid the deposit
  • why the landlord would keep some or all of the deposit
  • how to apply to get the deposit back
  • what to do if the tenant can’t get hold of the landlord at the end of the tenancy
  • what to do if there’s a dispute over the deposit

• The deposit protection scheme leaflet for tenants

Housing Act 1988, Housing Act 2004, Deregulation Act 2015
If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either: repay it to you; pay it into a TDP scheme’s bank account within 14 days; the court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

Licensable HMOs
If your property is a house in multiple occupation (e.g. bedsits, shared house or a shared flat) then an HMO licence may well be needed from the local authority. Landlords should check with their local authority on what licencing requirements, if any, that they have.

If they do not they may not be able to serve a Section 21 after 1st October 2015.

Electrical inspections
The landlord must make sure:

• the electrical system is safe, for example sockets and light fittings
• all appliances they supply are safe, for example cookers and kettles

“Electrical safety standards” means standards specified in, or determined in accordance with, the regulations in relation to—

(a) the installations in the premises for the supply of electricity, or

(b )electrical fixtures, fittings or appliances provided by the landlord.

(3) the duties imposed on the landlord may include duties to ensure that a qualified person has checked that the electrical safety standards are met.

(4) the regulations may make provision about—

(a) how and when checks are carried out;

(b) who is qualified to carry out checks.

(5) the regulations may require the landlord—

(a) to obtain a certificate from the qualified person confirming that electrical safety standards are met, and

(b) to give a copy of a certificate to the tenant, or a prospective tenant, or any other person specified in the regulations.

Electrical appliances
Where a property is provided with electrical appliances it is the landlords responsibility to make sure that they are safe at the outset of letting, which includes all electrical installations, such as sockets and light fittings and electrical appliances provided, such as cookers and washing machines, are safe and have at minimum the CE marking.

An inspection and test is carried out every five years if the property is a House in Multiple Occupation (HMO), or, due to recent legislation changes, the property is in Scotland, HMO or otherwise.

Minimum action by landlord: Risk Assessment

Risk Assessment of electrics process:

1. Identify fire hazards
2. Identify people at risk
3. Evaluate, remove or reduce risk and protect against remaining risk
4. Record, plan and inform or train
5. Review

Housing and Planning Act 2016 Part 5, Deregulation Act 2015, Electrical Equipment (Safety) Regulations 1994, The Consumer Protection Act 1987
Consequences for non-compliance: A £5,000 fine, Six months imprisonment, potential criminal charges in the event of injury or death, invalidated property insurance

Carbon Monoxide and Smoke Alarms
Landlords in England are required to provide smoke alarms on every floor of their property and a carbon monoxide alarm in every room with a solid fuel source.

• a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;
• a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance; and
• checks are made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, Housing Act 2004, Energy Act 2013

For breaches: the local authority may require the landlord to pay a penalty charge up to a maximum of £5,000. It has discretion whether or not to impose this charge. If it intends to impose a charge it must serve a penalty charge notice within six weeks from when it is first satisfied that a breach has occurred.

Prescribed information to tenants in England
As of 1st October 2015:

• At the start of a tenancy landlords are now required to provide the most up to date copy of How to rent: the checklist for renting in England. Click link for the lastest copy.
• Key details of the Housing Act 2004
• EPC and Gas Safe
• Provide a copy of the deposit protection certificate/receipt
• Give the tenant Prescribed Information:
  • the address of the rented property
  • how much deposit you’ve paid
  • how the deposit is protected
  • the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
  • their (or the letting agency’s) name and contact details
  • the name and contact details of any third party that’s paid the deposit
  • why they would keep some or all of the deposit
  • how to apply to get the deposit back
  • what to do if you can’t get hold of the landlord at the end of the tenancy
  • what to do if there’s a dispute over the deposit
• The deposit protection scheme leaflet for tenants

Various legislation including Deregulation 2015

If not the landlord will not be able to serve a valid Section 21 notice in England.

Legionella Assessment
The legal duty for landlords who provide residential accommodation to consider, assess and control the risks of exposure to Legionella. All water systems require an assessment of the risk which they can carry out themselves if they are competent, or employ somebody who is.

In most residential settings, a simple assessment may show that the risks are low and no further action may be necessary. (An example of a typical lower risk situation may be found in a small building (eg housing unit) with small domestic-type water systems, where daily water usage is inevitable and sufficient to turn over the entire system; where cold water is directly from a wholesome mains supply (no stored water tanks); where hot water is fed from instantaneous heaters or low volume water heaters (supplying outlets at 50 °C); and where the only outlets are toilets and wash hand basins).  If the assessment shows the risks are low and are being properly managed, no further action is needed but it is important to review the assessment regularly in case anything changes in the system.

Simple control measures can help control the risk of exposure to legionella such as:

• flushing out the system prior to letting the property
• avoiding debris getting into the system (eg ensure the cold water tanks, where fitted, have a tight fitting lid)
• setting control parameters (eg setting the temperature of the calorifier to ensure water is stored at 60°C)
• make sure any redundant pipework identified is removed.

Tenants should be advised of any control measures put in place that should be maintained eg not to adjust the temperature setting of the calorifier, to regularly clean shower heads and to inform the landlord if the hot water is not heating properly or there are any other problems with the system so that appropriate action can be taken.  If there are difficulties gaining access to occupied housing units, appropriate checks can be made by carrying out inspections of the water system, for example, when undertaking mandatory visits such as gas safety checks or routine maintenance visits.

Where showers are installed, these have the means of creating and dispersing water droplets which may be inhaled causing a foreseeable risk of exposure to legionella.  However, if used regularly (as in the majority of most domestic settings) the risks are reduced but in any case, tenants should be advised to regularly clean and disinfect showerheads.  Instantaneous electric showers pose less of a risk as they are generally coldwater-fed and heat only small volumes of water during operation.

It is important that water is not allowed to stagnate within the water system and so there should be careful management of dwellings that are vacant for extended periods (eg student accommodation left empty over the summer vacation).  As a general principle, outlets on hot and cold water systems should be used at least once a week to maintain a degree of water flow and minimise the chances if stagnation. To manage the risks during non-occupancy, consideration should be given to implementing a suitable flushing regime or other measures such as draining the system if it is to remain vacant for long periods.

The risk assessment should include:

• management responsibilities, including the name of competent person and a description of your system;

• potential sources of risk;
• any controls in place to control risks;
• monitoring, inspection and maintenance procedures;
• records of the monitoring results, inspections and checks carried out;
• inform or train the tenant(s)
• arrangements to review the risk assessment regularly

and should be able to identify whether:

• water is stored or re-circulated as part of your system
• the water temperature in some or all parts of the system is between 20–45 °C
• there are sources of nutrients such as rust, sludge, scale and organic matters
• conditions are present to encourage bacteria to multiply
• it is possible for water droplets to be produced and, if so, whether they could be dispersed over a wide area, eg showers and aerosols from cooling towers

Reference: Control of Substances Hazardous to Health Regulations 1989; Health and Safety at Work Act 1974 Section 3(2)

If not compiled with landlords face fines of £20,000 or 12 months in prison for a minor breach, or an unlimited fine and up to two years in prison for a major breach, people just being exposed to the risk of legionella can result in a landlord being prosecuted.