Here are the main laws, regulations & standards that affect Landlords in England & Wales, & what we can do to help you meet them: (Disclaimer)
The Gas Safety (Installation and Use) Regulations (1998)
What it states
Gas appliances checked for safety by a CORGI registered engineer within 12 months of installation and further checks at least once every twelve months after that.
Ensure a gas safety check has been carried out on pipe work, each appliance and flue every 12 months, except where the appliance was installed less than 12 months ago. The CORGI registered installer must take remedial action if an appliance fails a safety check.
Give a copy of the safety check record to any new tenant before they move in or to an existing tenant's) within 28 days of the check & keep records for 2 years.
What it requires
All landlords of residential property to ensure that all gas appliances, pipework and flues are maintained in a safe condition.
Services offered:
Landlord gas safety certificate,appliance safety inspection,boiler repair,boiler servicing,gas appliance servicing.
Decent Homes Standard (2000)
What it states
"A measure of general housing conditions introduced by the Government in 2000."Private landlords are not directly required to take action to modernise their properties, the Government has set targets for local authorities.
Various conditions for meeting the standard apply.
Assistance grants available to private Landlords from LGA to help meet targets.
What it requires
Dwelling modernisation (bathroom, kitchens etc).Services offered:
All types of building services offered,powerflushing,Plumbing health check.
Defective Premises Act (1972), section 4
What it states
"A duty of care on the landlord in relation to any person who might be affected by a defect, ‘to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury and from damage to their property caused by a relevant defect’"."It is for this reason that it is important that landlords (or their agents) carry out regular inspections"
What it requires
Regularly inspect dwelling for hazardous defects.Services offered:
Hazardous defect inspection,powerflushing,Plumbing health check.
Landlord and Tenant Act (1985), Consumer Protection Act (1987), Electrical Equipment (Safety) Regulations (1994), Building Regulations, Part P (2000)
What it states
"Ensure that the electrical installation and all electrical appliances are ‘safe’ with little risk of injury or death to humans, or risk of damage to property. This applies throughout the life of the tenancy and includes all mains voltage household electric goods.""Appliances you supply should either be new or checked by a qualified electrician before the property is let".
NB. The The Housing Health and Safety Rating System regs make it all but mandatory to conduct periodic testing.
What it requires
Ensure that the fixed installation and all electrical appliances supplied by the landlord are safe.HMO Electrical appliance safety certificate required.
Services offered
Electrical safety certificate,PAT testing.
Housing Act (2004)
What it states
When buildings are to be rented out, the landlord is responsible for ensuring a valid certificate is made available to all prospective tenants.The EPC and recommendation report must be made available free of charge by a landlord to a prospective tenant at the earliest opportunity and no later than when any written information about the building is provided in response to a request for information received from the prospective tenant; when a viewing is conducted; if neither of those occur, before entering into a contract to sell or let.
What it requires
EPC needed for all new/renewed let agreements post 01/10/08.Services offered
Home Information Packs,Energy performance certificates.
Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010
What it states
Energy Performance of which introduce a number of new requirements including:
- a new duty on the seller to secure that an energy performance certificate (EPC) has been commissioned before marketing of the property commences where no such certificate is already available.
- an EPC has been commissioned when a Domestic Energy Assessor has been instructed to prepare the EPC and the EPC has either been paid for or has given a clear undertaking to pay for it.
- a new duty on the person acting on behalf of the seller to be satisfied that an EPC has been commissioned before commencing marketing.
- a new duty on both the seller and a person acting on their behalf to make reasonable efforts to secure an EPC within 28 days.
- all of the new duties carry fixed penalties where somebody fails in the duty conferred on them by the new regulations.
What it requires
EPC required within 28 days of marketing a property for sale.Services offered
Energy Performance Certificate.
Fire Safety Regulations
What it states
For HMOs interlinked mains powered smoke detectors are mandatory.Fire blankets, self closing doors, cylinder locks & fire extinguishers are strongly recommended.
What it requires
For HMOs interlinked mains powered smoke detectors are mandatory.Services offered
HHSRS, Housing Act (2004) part 1
What it states
The Housing Health and Safety Rating System (HHSRS) is the method used by local authorities to assess housing conditions. It states:“Any residential premises should provide a safe and healthy environment for any potential occupier or visitor.”
What it requires
LA inspection of dwelling for hazards, triggered by a reported complaint or HMO.Services offered
HMO compliance inspection, Electrical safety certificate,PAT testing, Landlord gas safety certificate,appliance safety inspection,boiler repair, boiler servicing,gas appliance servicing.
Housing Act (HMO bss.254 to 259) (2004)
What it states
A property licence is required by the Landlord or Agent where the property or any part of it comprises 3+, is occupied by 5+, it is occupied by persons living in two or more households.What it requires
License needed to rent a HMO. Various other regulations now apply to HMO status dwellings.Services offered
The Management of Houses in Multiple Occupation (England) Regulations (2006)
What it states
Place the following duties upon the manager of a HMO:Duty to provide information to occupiers, Duty to take safety measures, Duty to maintain utilities, maintain accommodation.
What it requires
A raft of conditions need satisfying to run a HMOServices offered
Landlord Repair Obligations (Statute Law, Common Law - Tenancy agreement, Consumer Contracts Regulations 1999)
What it states
Dwelling must be in a reasonable state of repair both internally and externally, and fit for human habitation at the start of the tenancy. There should be no dampness either in the form of rising damp, penetration from the outside or condensation. Statutory and Common Law requires that there should be no unacceptable level of risk to the health or safety of the occupiers or their visitors.What it requires
Dwelling must be kept in a habitable state of repair.Services offered
All building services offered.
Defective Premises Act (1972) Section 4
What it states
Places a duty of care on the landlord in relation to any person who might be affected by a defect, ‘to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury and from damage to their property caused by a relevant defect’.A defect is relevant if the landlord knew about it or should have known about it - the fact that a defect has not been reported or there has been a failure to inspect (e.g. rotten floorboards or joists) does not remove liability. It is for this reason that it is important that landlords (or their agents) carry out regular inspections.
What it requires
Dwelling to be inspected regularly for defectsServices offered
Hazardous defect inspection, all building services offered.
Occupiers’ Liability Act (1957) Section 2
What it statess
The duty means taking such care as would be reasonable in all circumstances to see that the visitor is reasonably safe in using the premises for its purpose.
What it requires
Occupier of a property has a duty of care to all visitors who come onto their premises.Services offered
Furniture and Furnishings (fire safety) Regulations (1988)
What it states
All new furniture must carry a display label at the point of sale.All new furniture must carry a permanent label providing information about their fire-retarding properties.
All furniture (new and second hand) must meet the Fire Resistance Requirements: 1) Furniture to pass a cigarette-resistance test, 2) Cover fabric to pass a match-resistance test, 3) Furniture filling materials to pass ignitability tests.
Compliance as of 01/01/97, unless 1) manufactured before 1950 or the tenancy commenced prior to 03/93. 2) Tenancies commencing prior to 1993 exempt, but all additional or replacement furniture added after this time must comply. 4) A new tenant will mean that ALL furniture must comply.
What it requires
New furniture to carry fire-resistant labels at point of purchase & during use.All furniture must pass fire-resistance tests, subject to exceptions.
Services offered
Advice available.
The General Product Safety Regulations
What it states
Anything supplied to a consumer in the course of commercial activities must be safe. These Regulations apply where the 'product' in question does not fall into any other category such as furniture, electrical, gas, etc. It covers general problems in properties such as missing rungs in laddersWhat it requires
Any item that can be used by the tenant must be safe to do soServices offered
Complete property maintenance.
Landlord Tenancy Deposits (2007)
What it states
"Since 6th April 2007, when a Landlord or Letting Agent issues a new or renews an Assured Short hold Tenancy where a deposit is involved, such deposit must be protected by a government approved scheme."What it requires
Tenancy deposits must be protected by Government.Services offered
Inventory reports.
Health Act (2006)
What it states
The national smoke free legislation affects landlords who let properties with common parts, and the relevant notices must be exhibited. Smoking is allowed in private accommodation, e.g. houses, flats and bedsits that are for the exclusive use of the occupiers.In areas of shared accommodation, such as staircases, bathrooms, kitchens, toilets, etc, where cleaners are employed or there is “public” access, smoking is not allowed. Landlords of HMOs, including shared houses, will need to comply with the no smoking regulations by fitting the appropriate signage
What it requires
Landlords letting properties with common parts must display relevant notices.Services offered
Smoking notices compliance.
Sex Discrimination Act (1975), Race Relations Act (1976), Disability Discrimination Act (1995)
What it states
"legal obligations on Landlords to take reasonable steps to ensure that people are not discriminated against directly or indirectly due to their race, colour, gender or disability."What it requires
Prohibition of discrimination on basis of race, colour, gender or disability.
Housing Act (1988) sections 13-2
What it states
Instead of issuing a whole new tenancy agreement, the Landlord can issue notice proposing a rent increase to the tenant, under this section.What it requires
Landlord must issue notice proposing a rent increase to the tenant.
Housing Act (1988) Notice section 48 - Landlord address notice
What it states
Your tenancy agreement must include contact details of an address in England or Wales where the tenant may contact you. Should the Landlord change their address issue a Section 48 Notice.What it requires
If the Landlord changes their address they must give notice to the tenant.
Housing Act (1988) Notice section 21 - no blame notice
What it states
Recovery of possession on expiry or termination of assured shorthold tenancy.Under this process, a no blame notice, landlord does not have to give a reason why he wants his property back.
This is a fast track process; the tenant must leave as possession is mandatory.
What it requires
Recovery of possession on expiry or termination of assured shorthold tenancy.
Protection from Eviction Act (1977)
What it states
It is a criminal offence for any person to harass a residential occupier in such a way that as a result they could be expected to give up their accommodation.The key elements of harassment are acts likely to interfere with the peace and comfort of the Residential Occupier OR The persistent withdrawal of essential services, & either
1) Is committed with the intention of causing the tenant to leave
2) Is committed with intent to stop the tenant pursuing their legal rights
3) Is committed by a Landlord or Agent who knows or has reasonable cause to believe that a likely result of their acts invokes point 1 or 2 above.
What it requires
Seeking to contact a tenant outside the scope of the premises you are letting, is harassment.
Housing Act (1988) Notice section 8 - fault-based notice
What it states
If the tenant has done something wrong, regardless of how the tenant behaves the onus is on the landlord to demonstrate reasonable behaviour and compliance with process.A Section 8 Notice should be used where you do not have an Assured Short hold tenancy agreement, the tenant is in breach e.g. rent arrears, the tenancy has a long period to run or you are not allowed to issue a Section 21 Notice.
What it requires
Procedure to follow in the absence of a short hold tenancy agreement, where the tenant is in breach.
The Criminal Justice and Public Order Act (1994)
What it states
A Squatter is anyone occupying a premises without permission. A person is not a squatter if they have been granted permission to be there e.g. by a previous tenant.You cannot use force to throw them out. You must make an emergency application to the County Court and obtain what is called an Interim Possession Order. This will be served on the occupier who then has 24 hours to vacate the property. A failure to vacate gives you the right to go to your local police station and ask that they break in and throw the occupier out.
What it requires
Procedure to follow in the absence of a short hold tenancy agreement, where the tenant is in breach.
Housing Act (1988) Section 17 - Succession rights
What it states
Various rights to succession laid out in the eventuality of a tenant’s death.What it requires
Various rights to succession laid out in the eventuality of a tenant’s death.
Protection from Eviction Act (1977) - Rights of entry & refusal
What it states
It is the tenant’s right not to be unreasonably disturbed or harassed whilst living in the landlord’s property. The landlord is giving the tenant the right to occupy the property as their home, the landlord is not entitled to enter the tenant’s living area without permission.What it requires
Landlord is not entitled to enter the tenant’s living area without permission.
Landlord and Tenant Act (1985) Section 17
What it states
Requires specific performance by the landlord where there has been a breach, i.e. the payment of compensation will not be sufficient remedy. This means that the county court can make an order requiring the landlord to fulfil the express or implied repairing terms of the tenancy agreement. The county court can make an injunction requiring the landlord to do repair work which may or may not be within the terms of the contract.What it requires
Repairs maybe ordered by County Court outside of the remit of the tenancy agreement.
Rent assessment committees (1) Housing Act (1988) section 13 (2) Housing Act (1988) section 6 (3) Rent Act (1977)
What it states
Rent assessment committees are made up of two or three people - usually a lawyer, a property valuer and a lay person. Functions:1) Tenants of assured/assured short-hold tenancies can refer a rent for review where the landlord has sought to increase it
2) Tenants of assured/assured short-hold tenancies can refer for review a landlords notice of a change in the tenancy agreement terms
3) Either landlords or tenants can refer a rent officers decision on a ‘fair rent’ if they disagree with it.
Housing (NI) Order (2003)
What it states
All private landlords in Northern Ireland have had a legal obligation to provide their tenants with a rent book since 1978. The new rent books, as prescribed by the Order, must contain information on the terms of the tenancy, the basic legal rights of all private tenants and other information depending on the legal status of the tenancy concerned.What it requires
Landlord must provide tenant with a rent book if rent is paid on a weekly basis.
These regulations have been abridged for ease of reading. For complete & technically accurate text you are advised to visit official government agency websites to learn more and read about the details of the law in full.
