With the rental market booming, there are a lot of new landlords taking their first steps in the business – so we’ve put together a beginner’s guide to help out.
Gas Safety Certificate
A valid Gas Safety Certificate must be obtained for all rented residential accommodation. A copy of the Gas Safety Certificate (CP12) must be provided to the tenants at the outset of the tenancy. Failure to do so may prohibit service of the prescribed Section 21 notice should it be required. If no certificate is provided, a County Court may argue that a landlord cannot file a Section 21 notice while the tenancy continues to exist. In addition to the initial certificate, annual check ups must be performed, and tenants must receive the replacement certificate within 28 days. Wirral Homes can arrange a Gas Safety Certificate on a landlord’s behalf if requested.
Electrical Installation Condition Report (EICR)
Landlords hoping to rent out a property in England are required to have an electrical inspection conducted prior to the commencement of a tenancy. This report on the condition of the property is known as an EICR and must be performed by a qualified person. Pre-existing tenancies will need to have an EICR performed before the 1st of April 2021 and, from that point on, ECIRs need to be issued to a tenant prior to their moving in. We recommend that landlords obtain a new ECIR at the beginning of each tenancy (although visual inspections may suffice) and Wirral Homes can organise an EICR or visual inspection on your behalf.
Energy Performance Certificate (EPC)
Any property which is to be let requires a valid EPC. These certificates are valid for a period of 10 years, and the property needs to be reassessed for a new certificate. We recommend that, if you have made any energy efficiency improvements to the property, a new EPC should be sought to reflect the new standard of performance. In addition to this, landlords of properties with an EPC rating of F or G may not be able to let their properties. If you require an EPC but aren’t sure where to start, let us handle it for you.
Smoke Alarms & Carbon Monoxide Detectors
There is a legal requirement for smoke alarms to be provided on every floor of a rental property, and a carbon monoxide alarm in every room with a solid fuel source.
Documentation: Tenant’s Deposit with Deposit Protection Scheme
The tenant’s deposit must be protected under one of the three approved tenancy deposit schemes. The prescribed documentation regarding this deposit must be given to the tenant within 30 days of a landlord receiving the funds. Security deposits are also limited to the equivalent to 5 weeks of rental value – something we can manage through our partner scheme.
Landlord License (if required)
In order to rent your property, you may need a landlord license from the local authorities. This is dependent on the property’s location. You can contact your local council for more information and, if you need help or advice you can rely on our inhouse legal department.
ICO Registered: Data Protection Compliance
Landlords must comply with General Data Protection Regulations by registering with the ICO. A privacy notice must be provided to tenants which outlines why the landlord is entitled to use the personal information provided by tenants, guarantors, referees, etc.
Health and safety legislation requires that risk assessments for the legionella bacteria which can cause Legionnaires disease are taken. The assessments must identify and assess potential sources of exposure, and steps taken to prevent/control any risk that is identified – and for landlord’s that need help, Wirral Homes works with trusted professionals that can carry out the required inspections.
Right to Rent Guide
Upon starting a new tenancy, tenants must be provided an up to date copy of How to rent: the checklist for renting in England. Failure to do so will result in not being able to serve a valid Section 21 notice in England. Under the ‘Right to rent’ legislation landlords must ensure their tenants are not illegal immigrants and are consequently permitted to rent in this country. More details on this subject can be found on the governments website.
Furniture Fire Resistance Compliance
All furniture provided by the landlord must be fire resistant. The furniture must meet the fire resistance requirements laid out for furniture and furnishings in the Fire Safety Regulations Act of 1988.
There is no requirement for annual checks (as with gas appliances) but the Electrical Equipment Safety Regulations state that landlords must ensure that all electrical equipment and systems are safe, and maintained in a safe condition during the tenancy.
Coronavirus Government Measures
Landlords are required to adhere to the updated government guidelines regarding the Covid-19 outbreak. These measures cover a whole range of requirements from minimising health risks to assessing financial support.
Duty of Care
Rental properties must be fit for human habitation and in a good state of repair. Landlords have a duty of care to their tenants and failure to adhere to this obligation can lead to punishments.
While we’ve tried to be as thorough as possible, it bears noting that this blog is for information purposes only, and is not an exhaustive list. As we are not intending this guide to constitute legal or advice, or to be a legally binding document, we recommend you seek legal or professional advice before entering into any kind of tenancy agreement – and if you need help with this, you can Contact Us and our in-house legal team will do everything they can.