Have you recently done a review of all of your properties and made sure you are compliant? Why not look at our compliant check list below to make sure you are aware of what you need to do.
You have to carry out a gas safety every year, yes we understand that seems simple. But, did you know you then have to serve it on the tenant? And have them acknowledge it within 30 days?
Commonly known as electrical installation condition reports. These need to be carried out every 5 years and if unsatisfactory then need to be updated. You also have to serve these on tenants within 30 days.
PAT Test – Portable Appliance Test.
Under the health and safety executive you need to ensure any appliances that are freestanding at your property are safe.
Energy Performance Certificate – EPC.
You need to have an EPC for your property. However, did you know the following:
- As from April this year (2023) you have to a EPC rating of at least E.
- Do you know when your certificate runs out?
- Have you had it updated?
- Have you served it on the tenant?
- Did they acknowledge it within 30 days?
- Do you have a commercial property? Did you know from the 1st April 2023 that all commercial premises must have an energy performance certificate of a minimum ban rating of E or better. Failure to do so could lead the landlord to potential fines of up to £150,000.
Protecting your tenants deposit.
Did you take a deposit many years ago and have never protecting it? You are already in breach of the law and should have protected it some considerable time ago.
Right to rent checks.
Do you advise property and take tenants direct? Did you know you have to do a Right to rent check with them. The Government outline exactly what you need to do.
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How to rent guide.
Did you know that you have to serve the up to date how to rent guide on the tenant.
You have to have a smoke alarm on each floor of the property. For instance if you have a stair case there needs to be a smoke alarm at the bottom and at the top of the stairs another smoke alarm.
Did you know you have to test the smoke alarms?
You have to have one on each storey of the home where there are rooms used as living accommodation. It is your responsibility to maintain smoke alarms, not the tenants. This is to include batteries.
Carbon monoxide alarms.
These are required in every living accommodation where there is a fixed combustible compliance. It excludes gas cookers but includes gas boilers. It is your responsibility to maintain carbon monoxide alarms, not the tenants. This is to include batteries.
Health and safety inspection.
Does you property comply with the housing health and safety rating system commonly known as (HHSRS) why not read the Government guide on this.
Did you know that the law has changed on the 1st January 2023 for properties more of 11 metres high?
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Fire Risk Assessments.
Flat entrance doors and structural buildings are now covered by the fire safety act 2021 and you should do a fire risk assessment. Each building will be different in this regard and you need to check.
Do you need a license?
All councils are different and you should always check with your local authority whether a license is needed.
Do I need landlords insurance?
The answer critically is yes. You need to ensure that you have the right insurance for your property.
Fire safety furnishings – should you provide these?
Yes, you need to make sure all your furnishings are fire safe.
Rolling contracts or month to month contracts. What do I do next?
Many landlords don’t understand when a tenant comes to an end of a contract they believe they can leave it to roll monthly. This is not the case. The deregulation Bill laid out that you now need to reserve all the documents on the tenants. Informing them they are now on a month to month basis also. They have to acknowledge the letter you send to them.
The documents include the gas safety, EICR, how to rent guide, deposit protection certificate (together with any terms and conditions which is often not served) the tenancy agreement, HMO license and any other document you first served.
Did you know that month to month contracts also mean you have to serve all the notices again on the anniversary of every time the renewal would have taken place?
What are the consequences if I don’t deal with the documentation? What happens then?
The tenants could claim if they ever left or alternatively you have had to evict them and the documentation is incorrect. They could say you are in breach of the deposit rules which would be correct and you could be fined up to 3x the amount of deposit plus releasing the deposit in full.
Compliance is critical not only for landlords on a day by day basis but if you ever made an insurance claim the insurance company will want to know that the paperwork is correct. Why not do a review?