Compliance

“We have Got you Covered”

As a landlord, it is essential that you are up to date with legislative changes and have the necessary due diligence in place to ensure you comply. We have made it easier for you by creating a short compliance page as a guide to assist you in your landlord journey. 

 

The work we do in finding the tenants, setting up the tenancy agreement, and helping arrange appropriate certificates and check-in formalities, covers you for many of the risks of the tenancy. There is now so much legislation for a Landlord to keep on top of, the key ones being follows:

Energy Performance Certificate (EPC)

Since 1st October 2008, it is a legal requirement for Landlords to provide all prospective Tenants with an Energy Performance Certificate (EPC) when a property is first marketed or re-marketed for rent. An EPC is valid for ten years and can only be produced as a result of a survey by an accredited Domestic Energy Assessor.

An EPC will automatically be obtained on your behalf when the property first goes onto the market, and the fee is payable by you unless you provide an up-to-date EPC with your signed terms and conditions. If the property is a new build, the EPC certificate is issued upon completion. There are exemptions for property types, and all exemptions have to be registered on the national register and valid for fiveyears.

How an EPC is assessed

An Energy Performance Certificate assesses how energy efficient a property is, from ‘A’ representing the most energy efficient property to ‘G’ representing the least energy efficient property. This can include anything from the use of energy-efficient lightbulbs, hot water systems, insulation and carbon dioxide emissions.

Expiry of the EPC

The EPC will expire after ten years and a new EPC (valid for the next ten years) should be produced if the property is marketed for sale or rent, EPC should be arranged for a rentalproperty as soon as an existing certificate expires to maintain a valid EPC at all times.

Since the 1st April 2018, any properties rented out in the private rented sector will need to have an EPC rating of at least ‘E’ – properties rated ‘F’ and ‘G’ cannot lawfully be let out after this date. The regulation came into force for new lets and renewals of tenancies with effect from 1st April 2018 and will take effect on all existing tenancies from 1st April 2020.

EICR (Electrical Installation Condition Report)

An EICR is an Electrical Installation Condition Report. A formal document is produced following an assessment of any deficiencies against the national safety standard for electrical installations. The assessment is to be carried out by an experienced, qualified electrician or approved contractor.

An EICR is required when a property is up for rental, this is to ensure the property is safe when tenants move in and maintained in a safe condition throughout its duration. It is generally recommended that an EICR is carried out every five years in line with a change of occupancy when a property is being prepared to be let and prior to selling a property.

Move To East can assist you with the Certificate being issued.

Annual Gas Safety Check

These regulations deal with various aspects of the supply and use of gas, including the qualifications and duties of people involved in doing so. In brief, landlords are responsible for ensuring that all gas appliances and installation of pipework in tenanted premises are maintained in good order and in a safe condition so as to prevent risk or injury to any person. A suitably qualified and regulated contractor must undertake the required checks annually, and issue a Landlord’s Gas Safety Certificate, which must be given to tenants.

Please note: it is illegal to allow a tenant to occupy a property without a valid Gas Safety Certificate and it is your responsibility to provide a Gas Safe Register Gas check and Certificate of Safety for the property. Therefore, unless you provide a valid Gas Safety Certificate with your terms and conditions, we will not be able to proceed with the commencement of the tenancy.

Any Property Containing a gas supply needs to have an annual Landlord’s gas safety inspection. Without this, you won’t be able to serve a Section 21 notice to end the agreement.

The Electrical Equipment (Safety) Regulations 1994

Landlords must ensure that ALL electrical appliances and the electrical supply is safe and will not cause danger. All new electrical appliances must carry “CE” mark and instruction booklets or clear working instructions must be provided. Newly installed plugs and sockets must also comply. Confirmation that a competent electrician has regularly undertaken inspections could be requested. If deemed necessary or requested by the tenant, and if your property is to be managed by us, we may arrange on your behalf for an Electrical Safety Inspection including a PAT (Portable Appliance Test) to be undertaken to ensure that all electrical appliances are safe within the property. This is currently mandatory for all HMOs and is soon to be made mandatory for all lettings.

Smoke and Carbon Monoxide Alarm (England) Regulations 2015

All properties built since 1992 must be fitted with mains-operated interlinked smoke detectors/alarms on each floor. The Smoke and Carbon Monoxide Alarm (England) Regulations require all landlords to ensure that at least one smoke alarm is installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel-burning appliance. The landlord must make sure the alarms are in working order at the start of each new tenancy.

Property Inspections

Regular visits to the property during the tenancy will help you make sure the property is being looked after. As a part of the Property Management service, We inspect the property at least twice a year to make sure everything is in good hands.

Housing Act 2004 – Property Licensing

Types of property licensing:

Mandatory licensing of large HMOs

This applies countrywide for HMOs where single-storey flats or two-storey maisonettes will need a mandatory licence if they are let to 3 or more people (depending on the Council) who form more than one household. There is an exception for purpose-built flats situated in a block of three or more self-contained flats.

Additional licensing

This is required when the local authority (the Council) imposes a policy requiring other sizes of HMOs to also be licenced. For example, a council can bring in additional licensing requiring all HMOs to be licenced.

Selective licensing

This license is at the Boroughs’ discretion and can affect all rental properties regardless of size, number of storeys, or number of occupants. For example, a Council can instigate compulsory licensing of all residential rental properties within a street or the whole borough.

Move To East can assist Landlords to apply for rented property licensing. Our expert always stays in regular contact with the Local Authority to understand any changes to licensing scheme that affects your property.

Legionnaires’ Disease

Health and Safety legislation also requires that risk assessments for Legionnaires’ disease be carried out. In most residential settings, the risk is usually low. It is important however that risk assessments are carried out and control measures introduced. Move To East can arrange any assessments for combined Smoke Detector/CO Alarm and Legionnaires’ disease testing.

Cleaning

Prior to tenants moving into their new rental property, the property must be sufficiently cleaned. This allows for an efficient move-in and move-out process, which will minimise any disagreements or delays when claims for cleaning are put forward for cleaning omissions at the end of a tenancy.

We advise having the property professionally cleaned before the move-in date and an inventory clerk at check-in to record the exact condition of the property.

Immigration Act 2004

The Right to Rent scheme that requires landlords or agents to check ID of all prospective adult occupiers was rolled out in parts of the West Midlands on 1st December 2014 and across the rest of England on 1st February 2016. It was introduced under the Immigration Act 2014 and it is important for both tenants and landlords to understand the implications of this act.

Landlords must check by law that a tenant or lodger legally has the right to rent in the UK.  The tenant or lodger of the rental property must show their identity documents in person to a landlord or letting agent.

Where an adult occupier has a time-limited right to remain, follow-up checks must be conducted. These need to be made 12 months from the initial check or at the expiry of the individual’s right to be in the UK, whichever is later.