Property In

LANDLORD LEGAL OBLIGATIONS

There are a number of requirements placed on the landlords of residential property of which you should be aware. These are briefly outlined below.

CONSENTS / RIGHT TO LET

Before entering into any agreement to let a property the landlord must check whether there are any restrictions to doing so and whether consent needs to be obtained from:

SUPERIOR LANDLORD/FREEHOLDER

If the property is held on a lease the landlord must ensure that his lease permits him to sub-let and that he is granted consent to do so.

MORTGAGE PROVIDER

In most cases where a property is subject to a bank loan or mortgage, permission will be required from the lender before the property can be let. If mortgage consent is not obtained, the tenancy may be deemed unlawful which gives the lender an automatic right to take possession of the property.

INSURERS

Most insurance policies require notification if the property is to be let.

TAXATION/OVERSEAS LANDLORDS

In accordance with the Finance Act 1995, unless exemption applies, tenants paying rent directly to landlords resident overseas are required by law to first deduct tax at the basic rate from rental monies net of expenses. These monies must then be paid to the Inland Revenue quarterly. Please note that if you pay rent directly to a landlord who lives abroad should satisfy yourself that you are not liable to any tax that may be levied against the rental income.

Further information can be obtained from The Inland Revenue Centre for Non Residents' Helpline 0151 472 6208.

SAFETY REGULATIONS

In addition to a landlord's duty under common law to ensure the safety of rented property so that no injury or damage is caused to the occupants, neighbours or the public, there are a number of statutory obligations placed on landlords.

THE FURNITURE AND FURNISHINGS (FIRE) (SAFETY)

REGULATIONS 1988 AS AMENDED IN 1993

All upholstered furniture and soft furnishings supplied to a rented property and being part of a letting must comply with these Regulations which aim to improve safety by requiring they pass the "cigarette", "match" or "ignitability" tests.

Most new furniture is required to carry a display label or fixed label to show that it complies with these Regulations and furniture manufactured since 1 March 1989 or sold by a retailer after 1 March 1990 will comply.

The Regulations do not apply to:
bed-clothes (including duvets) and pillowcases
loose covers for mattresses or sleeping bags
curtains and carpets
Items manufactured before 1 January 1950 and "period" or antique furniture unless they have been re-upholstered.

Further information can be obtained from the Department of Trade & Industry on 020 7215 0367 or www.dti.gov.uk.

THE GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1998

Landlords are responsible for ensuring that gas appliances and pipework in tenanted premises are maintained in good order and in a safe condition so as to prevent risk or injury to any person.

The Regulations require that the appliances and pipework are checked for safety by a CORGI qualified gas engineer prior to the commencement of a tenancy and every 12 months thereafter. A record of the safety check must be supplied to each tenant and a copy kept by the landlord and/or his managing agent for at least two years.

Further information can be obtained from CORGI 01256 372200 or www.corgi-gas.com. Also from Health & Safety Executive Gas Safety Advice Line 0800 300363 or www.hse.gov.uk/gas.

THE ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994

These Regulations impose an obligation on the landlord to ensure that all electrical wiring and appliances in the property are 'safe' and will not cause 'danger'. Electrical appliances must carry a 'CE' mark and instruction books or clear working instructions must be provided for the tenant. Confirmation that inspections have been regularly undertaken could be requested, although no specific time-scale is given, nor is there any requirement for inspections to be made by members of specific bodies, other than the person be competent.

Further information can be obtained from the DTI on 020 7215 1351

THE BUILDING REGULATIONS 1991

These Regulations state 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 are not included under the requirement, it is recommend that all properties to be let are fitted with smoke alarms and that these are regularly serviced.

LANDLORD REPAIRING OBLIGATIONS

Section 11 of the Landlord and Tenant Act 1985 as amended by Section 116 of the Housing Act 1988 places an obligation on landlords to keep in repair and proper working order the installations for the supply of water, gas, electricity and sanitation including basins, sinks, baths and sanitary conveniences and the installations of space heating and heating of water.

All charges shown are subject to VAT at the prevailing governing rate (where not quoted, the inclusive of VAT figure will be provided upon request)