If there are gas appliances in the let property, the landlord must ensure that annual gas safety checks are carried out. These checks must be carried out by a gas fitter/engineer who is registered on the Gas Safety Register (which has replaced Corgi). A copy of the Gas Safety Record must be given to the tenant before they move in. This check must have been carried out within the 12 months before the new tenant occupies the property. Checks must be done annually thereafter; copies of all certificates for checks must be given to the tenant.
Landlords are required to provide smoke alarms on every floor of their property and a carbon monoxide alarm in every room with a solid fuel-burning appliances. Smoke alarms must be tested at the start of each tenancy. During the tenancy, these checks are the tenant’s responsibility
An Electrical Safety Certificate (EICR) is a document issued by an electrician after conducting a safety inspection and test on your property’s electrics. This important now become mandatory.Landlords must obtain Electrical – EICR Certificates at least every five years. As of 1 April 2021, however, this law has changed to require all private landlords to have a certificate on file at all times.
These checks should be conducted by a certified electrician, or engineer, to guarantee the electrical systems in a home are up-to-date and working correctly. They can identify any issues with the system and offer advice on how best to resolve them.
They will issue an EICR (Electrical Installation Certificate Report), indicating whether the inspection was ‘satisfactory’ or ‘unsatisfactory. If it is determined that any faulty circuits must be repaired and retested within 28 days.
Portable Appliance Testing (PAT) ensures the safety of electrical appliances provided by landlords to tenants. However, PAT is only a legal requirement in England and Wales for HMOs (Houses of Multiple Occupation).
The Regulatory Reform (Fire Safety) Order 2005 (FSO) is the main piece of legislation governing fire safety in buildings in England and Wales. Where a landlord controls flats, bedsits, or hostels there must be a written risk assessment in place to comply with the Fire Safety Order.
Under the Furniture and Furnishings (Fire and Safety) Regulations 1988 (as amended), landlords are responsible for checking that the furniture carries the appropriate fire resistance labels. Carpets, curtains, and furniture manufactured before 1950 fall outside the regulations.
An EPC must be available for tenants to review when marketing a property. You must provide a copy to any tenant moving into the property. EPCs must be renewed at least every 10 years and properties for let must meet a minimum EPC rating of E (correct rating as at Dec 2024).
If you take a deposit from a tenant under an assured shorthold tenancy, the deposit must be protected under one of the three tenancy deposit schemes. Tenancy deposit schemes require landlords to provide detailed information to the tenant relating to the deposit, property, and landlord’s details within 30 days of receiving the deposit.
Non-resident landlord Tax
Overseas landlords who let property in the UK are subject to specific tax regulations under the Non-Resident Landlord Scheme (NRLS). UK income tax is payable on all rental income in the UK and unless the landlord is registered to receive rent without tax deduction, letting agents or tenants (if rent exceeds £100/week) must withhold basic rate tax (20%) from rental payments.
Use form NRL1 (available from the Gov.uk website) if you are an individual who wants to apply to receive UK rental income with no UK tax deducted.
From the 1 February 2016, all lettings agents and landlords must perform document checks to establish that a tenant can legally rent a residential property in the UK inline with the Immigration Act 2014.
Confirming the immigration status of prospective tenants and their right to reside in the UK must be completed within 28 days before the start of a new tenancy.
The three steps to make a right to rent check are as follows:
Paul Simon Estate Agents are a member of the Client Money Protection Scheme and the Property Redress Scheme.
