Legal Requirements (Landlords)

While this is not a full list of legal criteria, it should provide you with an understanding of the most important legal requirements to consider.

 

 

It is crucial to remember that if your home is for three or more households, you may be required to comply with specific Housing of Multiple Occupancy regulation that isn’t addressed here. 

 

Consent to Let by mortgage companies: Many mortgage companies and banks allow you to rent out your property, but many do not, so it is critical that you seek consent from your lender since failure to do so may result in a breach of your agreement.

 

Restrictions in your leasehold agreement: This is not frequent in the North East, however if you own a leasehold property, there may be limits on renting it. This is especially frequent in apartment buildings; if you are concerned, examine your agreement.

 

Informing insurance provider: It is advisable to verify whether your policy includes rental coverage to ensure you are adequately protected.

 

Signing of the Tenancy Agreement: By instructing your Estate Agent you will create a Principal-Agent relationship which allows the agent to sign the agreement on your behalf. However, make sure you have given the agent the full details of who owns the property. The most likely type of tenancy agreement you will encounter is an Assured Short Hold Tenancy agreement (AST), which is largely governed by the 1988 Housing Act. Your agent should be able to answer your questions about the terms and conditions incorporated in the agreement. 

 

Energy Performance Certificate: From 1st October 2008, landlords in England and Wales must, by law, be required to provide their tenants with an Energy Performance Certificate (EPC).  The landlord is responsible for ensuring a valid certificate is made available, even if a letting agent is managing their property and must reach a minimum ‘E’ rating on their EPC assessment. Once the certificate has been issued it is valid for 10 years. The good news is our Property Management Department can arrange this at a competitive rate.

 

Gas Safety Certificate: Under the Gas Safety Regulations 1998 all gas equipment, pipework and appliances must accord with these Regulations including annual inspection by a Gas Safe registered installer and records maintained of work undertaken. A safety inspection must be completed satisfactorily and a Landlord’s Gas Safety Record (CP12) is required by law to be given to the tenant at the commencement of their tenancy and a further test must be carried out each year upon expiry and given to the Tenant. At i1 Real Estate we can organise a gas safety certificate at a fair rate.

 

The Electrical Safety Standards in the Private Rented Sector (England) Regulations

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 places a continuous duty on landlords in England to maintain their property to the electrical safety standards and to have evidence of this. This means electrical inspection and testing in the private rented sector becomes mandatory as your property must meet the 18th Edition of the Wiring Regulations and you must have a report (EICR) that shows this from a qualified person.. Again our Property Management Department can arrange this.

 

The Electrical Equipment (Safety) Regulations 1994

These regulations apply to the electrical supply along with new and second-hand equipment including mobile and fixed appliances e.g. kettles, irons, vacuum cleaners, cookers, etc. and require that the property and electrical contents are in safe working order.  You must arrange for such checks to be carried out in accordance with the Regulations. A Pat Test can be carried out on all portable appliances which will ensure you have carried out your due diligence.

 

Fire Safety: Every piece of furniture must abide by the 1988 Furniture and Furnishings Regulations. To learn more, visit the government website listed below. The regulations are applicable to a variety of things..

 

Smoke Alarms: Since legislation was passed in 2015, smoke alarms and carbon monoxide detectors have been mandatory in most rental houses.

 

For further information on any of these legal requirements, please contact us or visit: http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/index.htm