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Leyton Office: 0208 558 8893

Landlords Legislation

Legal Requirements for Landlords

Tenants Deposit Protection

Since April 2007 virtually all new tenancies must be registered with one of 3 deposit schemes within 30 days of receipt of deposit. Failure to comply will affect your ability to remove your tenants with a Section 21 notice, and could result in you having to pay substantial compensation to your tenants. The scheme also includes a dispute resolution service.


Energy Performance Certificates (EPC's)

October 2007 saw the introduction of EPC's. This is an extension of the HIP scheme introduced for house sales. All properties that are on the market to let must have an Energy Performance Certificate (EPC) which must be available for inspection by prospective tenants. Once an EPC has been obtained it will be valid for 10 years. David Daniels use several qualified Energy Performance Assessors and can arrange an EPC for you at a competitive price.



Gas Safety Testing

All gas appliances must be serviced and tested every year. These regulations have been in force since 1994. David Daniels can arrange this on your behalf via our qualified GAS SAFE engineer.

The Gas Safety (Installation & Use) Regulations 1998 place a statutory duty on all landlords of residential property to ensure that all gas appliances, pipework and flues are maintained in a safe condition. They particularly seek to avoid the escape of carbon monoxide poison which is silent, odourless and deadly and require that:
• all let properties must have at all times a valid Gas Safety Record.
• before a tenant takes occupation, the gas appliances and pipework must be checked by a GAS SAFE registered engineer who must provide the landlord with a Gas Safety Record (the landlord must provide the tenant(s) with a copy of that safety record at the start of the tenancy);
• a gas safety check must be carried out annually


The Furniture and Furnishings (Fire) (Safety) Regulation 1988
- as amended 1993

All upholstered furniture and furnishings (ie. mattresses, scatter cushions, loose fittings and permanent and loose covers but not carpets and curtains) manufactured after 1950 are required to be fire resistant.  This means that furniture, which can be shown to be manufactured before 1950, is exempt because dangerous materials were not used in the manufacture of furniture prior to this date.

This law applies to all let properties.

The law relating to the manufacture of furniture is quite clear.  All materials used must meet the Furniture and Furnishings (Fire) (Safety) (Amended) Regulations 1993.  The manufacturer must carry out various tests to ensure their compliance.  These are destructive tests and therefore cannot be carried out after the furniture is made up for sale.

Manufacturers are required to affix permanent labels on to their products such that the removal would cause damage to either the label or the product.  Furniture suppliers of either new or second hand furniture must ensure that any item they sell carries the correct label and each item (e.g. three piece suites) carries the relevant label.


Smoke & Carbon Monoxide Alarms

 Landlords in England are required to provide smoke alarms on every floor of their property and a carbon monoxide alarm in every room with a solid fuel source. 


Taxation Of Income From Land (Non-Residents) Regulations 1995

Any landlord who is considered non-resident for taxation purposes is liable to pay tax on the rental income arising from letting his or her property.

When a landlord is resident abroad and the agent is collecting rent from the tenant on his or her behalf, the agent is obliged to deduct tax at the basic rate (less allowable deductions) and each quarter to account for and pay to the Inland Revenue this tax deducted. However, overseas landlords may apply to the Inland Revenue for an exemption from this requirement.

Where a tenant pays rent direct to a landlord who is resident abroad, the liability to deduct income tax as outlined above remains the same, except that becomes the responsibility of the tenant. Non-resident status includes those living in the Channel Islands, Isle of Man and the Republic of Ireland.


Obtaining Consent To Let A Property

Before letting a property, landlords must obtain permission, as applicable, from:

• Any bank, building society or lender whose loan or mortgage is secured against the property. If the landlord has not obtained consent from his lender the tenancy is deemed an unlawful tenancy which gives the lender an automatic right to take possession of the property.
• In respect of leasehold properties, the head landlord, (the terms and conditions of the long leasehold will almost certainly require that permission is sought before letting).
• Any housing association or other body which has regulations applying to the property, for example in the case of shared ownership or local housing authority property.
• The landlord's insurance company who must confirm that cover will be maintained if the property is let. In particular it is important that the public liability element covers any loss or injury occurring at the property, which might be sustained by the tenant or visitors during the tenancy, for which the landlord could be liable.


Private Rented Property Licensing.

Both Newham and Waltham Forest have both been designated as Private Rented Property Licence Area’s.

This means that owners of every privately rented home in either borough must apply for a Private Rented Property Licence (PRPL), to be issued by the Council. 

Owners with multiple rented properties in the boroughs must complete an application for each property.

You can apply for a licence by visiting the Councils website at:

Newham

or 

Waltham Forest

 

 

 












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