LICENCES AND REGULATIONS
Licensing of Houses in Multiple Occupation (Housing Act 2004):
From 6 April 2006 such a property may require a licence to be let. Insero recommends that the landlord(s) contact the local authority for further clarification as regional variations apply. In the event the property requires a mandatory licence then the landlord(s) will be responsible for applying for the licence and any costs thereof.
The Furniture & Furnishings (Fire) (Safety) Regulations 1988 (as amended):
The landlord's attention is drawn to these regulations which make it an offence to supply upholstered furniture and other items in the course of a business unless it complies with what is called the "Cigarette test", the "Match test" and the "Ignitability test", and has a permanent label. In general terms, the regulations cover all upholstery and upholstered furniture, mattresses, padded bases and headboards, pillows, cushions, children's furniture and any furniture normally used in the garden such as conservatory furniture.
The regulations do not apply to any furniture which has been manufactured before 1 January 1950, except if it has been re-upholstered.
The regulations apply to all let property
The recommended way to check whether furniture complies is to look at the labels attached to the furniture. If the furniture no longer has these, the Landlord(s) must establish when and where the furniture was bought and contact the shop or manufacturer and check whether the furniture complies. If the Landlord(s) is/are unable to establish whether the furniture complies then the relevant furniture must be replaced. It is illegal to let a property with furniture which does not comply with these regulations.
The Gas Safety (Installation & Use) Regulations 1998:
The landlord's attention is drawn to these regulations which impose obligations:
- on any person who owns a gas appliance, pipe work and installations in the let property to ensure that such appliance is maintained in a safe condition so as to prevent risk of injury to any person.
- to ensure that such appliance is checked and that an appropriate certificate is issued for safety at intervals of not more than 12 months, by a Gas Safe (previously CORGI) registered contractor.
- to give the original of such a certificate to the Tenant(s) at the commencement of the Tenancy and within 28 days of the date of renewal of the certificate.
The landlord(s) is/are responsible for compliance with these regulations, which are mandatory and carry a criminal sanction for non compliance. The Tenancy may not be permitted to commence without the appropriate certificate. If, five days before the commencement of the Tenancy, Insero has not had sight of the certificate, Insero will arrange the works necessary to obtain the certificate and pass on the charge to the Landlord(s) at cost.
The Electrical Equipment (Safety) Regulations 1994:
These regulations impose an obligation on the landlord(s) to ensure that all electrical appliances in the property are safe, which means that they should carry the CE label and have written instructions for operation. Cabling, fuses, sockets and plugs should also be inspected and replaced where necessary with the correct rating for that particular appliance in order to comply with the Plugs and Sockets etc. Regulations 1994.
In January 2005 Part "P" Regulations (Electrical Safety in Dwellings) came into force requiring qualified personnel to carry out certain electrical work at a property. To ensure compliance with the regulations, Insero will use a competent person to carry out any electrical work at a property. If the landlord(s) wish(es) to directly instruct a contractor, Insero will need written proof that the contractor is currently registered with an approved self-certification scheme before issuing instructions. In the absence of such proof, Insero will instruct its own contractor.
The Building Regulations 1991:
These regulations require that all properties built since June 1992 must be fitted with mains-operated interlinked smoke detectors/alarms on each floor.
Whilst properties built before that date does not have such a statutory requirement Insero recommends that the Landlord(s) should consider the installation of smoke alarms in the property. If smoke alarms are installed, all the alarms must be checked to ensure they are fully operational prior to the start of a new Tenancy.
Energy Performance Certificates
Energy Performance Certificates are mandatory for all properties let from 1st October 2008 as part of the EU Energy Performance Buildings Directive 2001. All residential properties available for rent must, by law, have a valid EPC available for a prospective tenant to see before they agree to rent the property. Landlords must provide an EPC free of charge to prospective tenants at the earliest opportunity and must provide a copy of the EPC to the person who takes up the tenancy.
The purpose of the EPC is to show prospective tenants the energy performance of the dwelling they are considering renting.
EPCs are valid for 10 years and can be reused as many times as required within that period. It is not necessary to commission a new EPC each time there is a change of tenant unless significant changes are made to the property – for example by the installation of double glazing or cavity insulation. However, once a more recent EPC has been produced for a dwelling, it will always supersede an existing one. Thus, where a number of EPCs are obtained for a property within the ten year period, only the most recent one is valid.
An EPC is not required for any property that was occupied prior to 1 October 2008 and which continues to be occupied after that date by the same tenant. However, landlords may commission EPCs for these dwellings if they wish.
The EPC shows two things – the Energy Efficiency Rating (relating to running costs) and the Environmental Impact Rating (relating to the carbon dioxide emissions) of a dwelling. Each rating is shown on an A–G rating scale similar to those used for fridges and other electrical appliances the rating is accompanied by a recommendation report that shows how to improve the dwelling’s energy efficiency. These two elements together form the EPC and the complete document must be provided to the new tenant. There is no statutory requirement to carry out any of the recommended energy efficiency measures stated in the recommendation report.
EPCs must be produced by an accredited assessor.
