Landlord and Tenant Obligations

Tenancy Deposit Scheme (TDS)
Since the 6th April 2007, all dilapidation deposits have needed to be registered within a small range of schemes approved by Central Government. From 6th April, severe penalties for Landlords not complying with this legislation have been imposed – fines of three times the agreed deposit are imposed which are then payable to the tenant.

Houses in Multiple Occupation (HMO)
Legislation to control homes occupied by many came into operation in April 2006, and has caused some concern for those landlords who are yet to act upon the requirements of the legislation. Penalties for non compliance are severe, with rent ceasing to become due and the inability to evict tenants in properties.

Energy Performance Certificates (EPC)
Since 1 October 2008 landlords are required to make an EPC available to prospective tenants. This piece of legislation applies to new tenancies. An EPC is only required for a property which is self-contained, and is valid for 10 years. The EPC illustrates how energy efficient a home is on a scale of A-G. The most efficient homes - which should have the lowest fuel bills - are in band A.

The Furniture & Furnishings (Fire) (Safety) Regulations 1988 (Amended) 1993 & 1996
It is an offence, under the Consumer Protection Act 1987, punishable by heavy fines and possible imprisonment, to supply or provide furniture in a let property which does not comply with the Fire Resistance Requirements, contained within the Fire and Furnishing Regulations. The regulations state that all soft furnishings supplied in the ‘course of business’ when letting a property must meet the official fire resistance standards by containing a permanent attached label confirming that the furniture complies. The regulations require that the furniture passes two tests, the 'match test' and the 'cigarette test' to show that it is fire resistance.

Gas Safety (Installation & Use) Regulations 1994 (1996) (1998)
The Gas Safety regulations are part of the Health & Safety at Work Act 1974, which became effective from the 1st November 1994. They apply to all rented properties with gas installations, requiring that all gas installations and maintenance of gas fittings, appliances, meters, pipe work and ventilation flues, whether furnished or unfurnished, residential or commercial are checked for their safe use. (Portable appliances fuelled by Calor Gas propane or other liquid gases are included).

Gas safety in Great Britain has changed. CORGI gas registration ended in GB and Isle of Man on 31 March and no longer applies to gas safety law. From 1 April 2009, all gas engineers must be on the new Gas Safe Register™ to do gas work lawfully. Always ask for a Gas Safe registered engineer. And always ask to see their ID card. Be gas safe. For more information go to www.GasSafeRegister.co.uk or call 0800 408 5500.

If you require any further advice or would like specific advice please contact us.