Landlords in Brighton have various compliance obligations to ensure they meet legal requirements and provide safe, habitable rental properties. Some key areas of compliance include:
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Deposit Protection:
Landlords (or their Brighton letting agent) must register the tenant’s deposit within 30 days in a government-approved scheme and provide proof to the tenant. It is always important that you also make sure you serve the tenants in the correct format. All of the current schemes have a format that needs to be served. However, we often find that other letting agents as well as landlords don’t give them the terms and conditions of the scheme. It is so important that the correct documents are served on the tenants but they also acknowledge them. If you ever have the unfortunate situation where you have to go to court to evict a tenant this is taken into account. Sometimes, landlords can have cases thrown out if the correct paperwork is not done.
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Gas Safety:
Annual gas safety checks are crucially important for properties equipped with gas appliances. Consequently, landlords are legally obligated to conduct these checks and retain certificates for a period of six years. Furthermore, tenants must receive a copy of this certificate, which they are required to acknowledge within 30 days of receipt. It is essential to note that landlords must verify that tenants have actually acknowledged the certificate, rather than simply providing a copy. If the tenant is onsite and signs it, that would be an acknowledgement. This is critical when dealing with any court cases.
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Energy Performance Certificate (EPC):
An EPC is required for all rental properties, with a minimum rating of E. The change of Government has meant that there is a high likelihood that energy performance ratings will now need to be to C by 2030 which was always the rule but the last Government relaxed these. You will find there will be a lot of compliance coming through in the next months being tightened up by the new Government but it is important you are kept up to date.
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Electrical Safety (EICR):
Electrical installations should be inspected at least every 5 years. Landlords must provide tenants with a copy of the report. This report must not only be served on the tenant but acknowledged again. We find most landlords don’t understand that the tenant has to acknowledge it.
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Smoke and Carbon Monoxide Alarms:
Functional alarms must be installed on every floor and near any fuel-burning appliance. The rules in relation to this changed in January 2023. A lot of landlords and letting agents especially in Brighton aren’t aware that if you have a stair case you have to have a smoke detector at the bottom of the stair case where the main front door is as well as one at the top. If you are in a flat you may also need a fire risk assessment and would need to speak to your managing agents.
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HMO Licensing:
Houses in Multiple Occupation (HMOs) might require additional licensing depending on the number of occupants and relationship between them. Brighton letting agents often don’t realise that Brighton has a very stringent licensing scheme not only mandatory but also selective. The selective schemes that the council can put a scheme in in respect of any particular property at any one time. They have recently extending the scheme back for four bedroom student houses. However, there is also a new scheme in certain wards where it is going all the way down to one beds.
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Selective Licensing:
Some areas in Brighton might have selective licensing schemes, requiring landlords to obtain a license before renting out their property. We have recently seen two selective licensing schemes put into the Brighton letting market. It is important landlords are aware of the schemes because you can be fined for not having the license together with payment orders and the council stopping you renting it in future.
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Additional Considerations:
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Right to Rent:
Landlords must check the immigration status of adult tenants. This has been in consideration for some considerable time. If you have to go to the court you would need to prove the tenant has a right to rent. It is absolutely critical that you have either met them or have the right checks.
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Data Protection:
Personal data of tenants and guarantors must be handled in compliance with GDPR regulations.
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Tenant Fees Act:
Restrictions apply to fees landlords or agents can charge tenants.
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Disrepair:
Landlords are responsible for maintaining the property in good repair and addressing any issues raised by tenants. This fundamental duty is a cornerstone of the landlord-tenant relationship. However, the landscape is shifting as new rules and regulations are being introduced to address various concerns. These include but are not limited to:
- Damp and mould growth
- Excess cold
- Excess heat
- Asbestos and MMF
- Bedroom size
- Carbon monoxide and fuel combustion products
- Lead
- Radiation
- Crowding and space
- Lighting and noise
It is so important that as a landlord you are aware of this.
It’s important to note that this is not an exhaustive list, and landlord responsibilities can change over time. In conclusion consulting with a Brighton letting agent or legal professional can help ensure full compliance.
