Our Guide to some Lettings Rules and Regulations
- All deposits must be placed in a Tenancy Deposit Scheme
Any deposits must be placed in a designated government backed tenancy deposit scheme within 30 days of the tenancy commencing or the deposit being received. Dinsdales use My Deposits (https://www.mydeposits.co.uk/). Failure to do this is a criminal act and may make the landlord liable for a fine at court of up to 3 times the deposit sum. Putting the money into a separate bank account doesn't qualify. Failure to place a deposit fund within a scheme will terminate any section 21 Notice (Eviction Notice) which the landlord wishes to serve.
- Electrical Installation Condition Report (EICR)
An EICR is when an Electrician inspects all the properties wires for fraying or damage. They also note where wiring has or could become unsafe. It is the responsibility of the landlord to make sure every tenanted property they have, has a valid EICR (an EICR is only valid if carried out by a registered Electrician). They are valid for 5 years and typically cost between £100-£250. Under the Landlords and Tenants Act (1985) you must ensure the electrical Installation in a rental property is maintained. It is Law to have the EICR done at least every 5 years.
- Gas Safety
Gas safety relates to any gas appliances, not just the boiler. A gas safety check ensures that everything is running safely. They cost between £50-£150 for an engineer to carry one out and are valid for 12 months. The best time to get one done is in summer as gas engineers tend to be less busy.
- Energy Performance Certificate (EPC)
You cannot let a property out without a valid EPC that is above an F rating (an F or below is invalid and you cannot let your property out if it is). A is the most efficient rating and G is the least efficient. EPC's are valid for 10 years. If you don't have an EPC or you have an invalid EPC you need to contact an Assessor to carry one out on your behalf. At Dinsdales we use Box Property.(https://www.boxproperty.solutions/contact.html).
- Housing Conditions
Tenants can report poor housing conditions (eg: no running water, excessive mould, etc) to their local authority. Under the Landlord and Tenant Act, Section 11 (1985) , the landlord has a legal duty to ensure the property is kept in repair and in working order unless the damage is caused through tenant negligence. If the landlord does not carry out the repairs in a reasonable time frame, the tenant can withhold rent until the work has been done. Part 1 of the Housing Act 2004 risk assessment procedure- they assess the risks to health and safety within residential properties and local authorities have the power to enforce action upon the Landlord to ensure the property is returned to a satisfactory condition.
- Tenants should keep a rented property in a 'tenant-like manner'
Tenants are expected to look after their rented property and carry out small jobs around the property. A landlord is not expected to repair or maintain items that a tenant has broken through negligence or misuse. Examples: If the smoke detectors battery goes, the tenant should get some batteries and replaces them. It is the tenants responsibility to look after the gardens of the property.
- Smoke Alarms and Carbon Monoxide Alarms
Working Smoke Alarms are to be fitted to each property on each floor and Carbon Monoxide Alarms are to be fitted in rooms that are classed as 'high risk'. From 2015 all rented properties must adhere to this.
Still Baffled?
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