Creative Green Energy Services for Landlords
Most landlord have the process of finding a new tenant down to an art and are quite clear on what they want, whether they use a letting agent or use virtual services they know what they want and the checks they need to ensure that the tenancy is viable: Right to Rent, Meets Affordability Criteria, clear a Credit Check and obtain decent References.
Landlords may be less clear on all the checks required to start the tenancy, which are the prescribed ABSOLUTE MUST HAVEs which if missed any will prevent repossession, and which are just MUST HAVEs which are just as important because if you don’t do them you’ll get fined, owe tenant’s compensation or fail in repossession, also they underpin the quality of your property management skills. Duties a landlord is legally required to provide are called prescribed information (PI).
Protect Deposit
For deposits on a tenancy (since 6 April 2007) you must protect it and serve the prescribed information (PI), this must be done even if the tenancy has since either rolled into a statutory periodic tenancy or has been renewed and the tenancy details have not changed.
Definition: Statutory Periodic Tenancy SPT – Once the fixed-term of a tenancy has expired, however, unless a new fixed-term is agreed to, all tenancies automatically become periodic tenancies. These are based on the rent payment period – weekly or monthly etc. The periodic tenancy can then continue on until one side, landlord or tenant, gives notice.
ABSOLUTE MUST HAVEs: Prescribed Information
A Copy Of The Deposit Scheme Leaflet, Protection Certificate, Deposit Scheme Guide
To the tenant or anyone who paid the deposit within 30 days of receiving the deposit; certificate signed by the landlord
(Housing Act 2004, Housing (Tenancy Deposits) (Prescribed Information) Order 2007)
How To Rent – Government Guide
Download copy from the government website: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/674299/How_to_Rent_Jan_18.pdf
Alway use the latest edition that is available at the start of the tenancy
EPC – Energy Performance Certificate
Required irrespective of who pays the utilities bills, as: in order to rent minimum standards now apply (MEES 2018), the tenant has the right to request consent to install energy efficiency measures at a property
(Part two of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015)
Gas Safety Certificate
Provide a copy to each new tenants before they move in, or within 28 days of check for an existing tenant
(The Gas Safety (Installation and Use) Regulations 1998)
Electrical Condition Installation Report
Required for House in Multiple Occupation (HMO) a periodic inspection carried out on the property every five years
(The Regulatory Reform (Fire Safety) Order 2005, The Electrical Equipment (Safety) Regulations 1994, Landlord and Tenant Act 1985, Occupiers’ Liability Act 1957 and Occupiers’ Liability Act 1984, Building Regulations for England and Wales Part P 2005)
Key details of Housing Act 2004
Along with other details include: name and address of the landlord or agent; details of address of tenant when tenancy ends
(Housing (Tenancy Deposits) (Prescribed Information) Order 2007)
Must Have’s and Do’s
- Smoke Alarms and Carbon Monoxide Alarms
Install as required by code of practice (LACORS) and check and demonstrate to the tenant that they are working at the start of the tenancy
(De-regulation 2015, Housing Act 2004, Regulatory Reform (Fire Safety) Order 2005 and LACORS Guidance)
2. Legionella Risk Assessment
There is a clear legal duty for landlords to assess and control the risk of exposure to legionella bacteria
Section 3(2) of the Health and Safety at Work Act 1974 – provides legislation, Section 53 of the Health and Safety at Work Act 1974 – identifies landlords as responsible party, Control of Substances Hazardous to Health Regulations 2002(COSHH) and L8 Approved Code of Practice (ACOP) provides a framework of actions to control the risk from a range of hazardous substances, including biological agents such as Legionella, to identify and assess the risk, and implement any necessary measures to control any risk i.e. risk assess and inform tenant of appropriate actions to control
- Housing Health and Safety Rating System (HHRS)
Concerned with avoiding or, at the very least, minimising potential hazards. This means that landlords should also review conditions regularly to try to see where and how their properties can be improved and made safer, i.e. electrical, fire safety, blind-cord safety
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9425/150940.pdf – Useful Landlord Guide with Assessment Templates
(Section 9 of the Housing Act 2004, The Regulatory Reform (Fire Safety) Order 2005, The Electrical Equipment (Safety) Regulations 1994 and Blinds – General Products Safety Regulations 2005, BS EN 16434:2014 – safety devices)
- Inventory of the property
Completed immediately prior to moving in, signed by both parties, this ensures that the condition of the property is agreed by both at the onset of the tenancy and if agreed (on the assured short hold tenancy) deductions can be made for damage other than fair wear and tear made by the tenant during the tenancy
(Evidence as required when serving Section 21 Form 6A)
- Proper Administration and Privacy Policy
Have an encompassing (one page) documents that details how and in what form the prescribed information was given, i.e. hard copy or email, signed and dated (at the start of tenancy) by the landlord and tenant. Provide a privacy policy which outlines how tenants personal and sensitive information will be handled
(GDPR Regulations 2018, evidence of compiling with PI as required when serving Section 21 Form 6A)
- Repairs
During the tenancy carry out any known repairs and faults defects as reported by the tenant, do the repairs in a timely fashion and respond in a manner consistent with the nature of the fault, attend to the repair in a prompt manner, with the least number of visits and fully complete any repairs required
((Section 11) Landlord and Tenant Act 1985, The Regulatory Reform (Fire Safety) Order 2005, The Electrical Equipment (Safety) Regulations 1994), De-Regulation Act 2015, also could prevent application for possession using Section 21 Form 6A as outstanding repairs will hinder application – retaliatory eviction)
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We are proud to be suppliers of a bespoke range of services for landlords, which include in-the-house assessments:
~ Energy Performance Certificate £55
~ Gas Safe Checks £55
~ Legionella Risk Assessments £55
~ HMO Floor Plans from £75
~ Check-In £125
Prices quoted are for properties up to 3 bedrooms, other rates on request – valid Summer 2018
Contact: sales@creativegreenenergy.com
07538 840396
