Jolly Property Services logo

Landlord

Landlord

Search for properties

Property type

Minimum price

Maximum price

Minimum bedrooms

Landlord responsibilities and the law

The legislation surrounding lettings is increasing every year, making it more and more difficult for a Landlord to ensure their property is compliant. This is where using us to manage your property professionally can help protect you.

The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993

It is a criminal offence to let Premises with upholstered furniture or soft furnishings containing foams that cannot be proven to comply with the above Regulations.  The Regulations require that specified items must be must be match resistant, cigarette resistant and carry a permanent label. Visit www.firesafe.org.uk for more information on landlords obligations

Electrical Equipment (Safety) Regulations 1994

You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Premises comply with the above Regulations. You should also ensure that all electrical installations are safe and have them checked regularly. Visit www.niceic.org.uk for more information on your obligations as a landlord.

Gas Safety (Installation and Use) Regulations 1998

It is a criminal offence to let Premises with gas appliances, installations and pipe-work that have not been checked by a Gas Safe Registered Engineer.  You are legally responsible to arrange for an annual gas safety check and hold records for a minimum of two years. Visit www.gassaferegister.co.uk

Part “P” Building Regulations (Electrical Safety in Dwellings)

From January 1 2005 the above Regulations came into force requiring qualified personnel to carry out certain electrical work at premises.

Smoke Alarms and Carbon Monoxide Alarms

Under current legislation all newly built premises from June 1992 must have mains fitted smoke alarms with battery backup. We would advise that smoke detectors are fitted with a minimum of one per floor. In order to protect your position we would also advise that carbon monoxide alarms are fitted, especially if a boiler is in or near to a bedroom.

Energy Performance Certificate (“EPC”)

All properties going on the market for letting must have an EPC. A copy must be given to the Tenant with written details or prior to the first viewing.

Legionnaires' Disease

In order to comply with the Health and Safety Executive's Code of Practice, landlords are strongly advised to carry out a risk assessment at their premises prior to letting, especially if there are open water tanks, cooling systems or a swimming pool.

Tenancy Deposit Scheme

Tenants’ deposit money must be protected and any disputes about their return must be resolved swiftly and impartially. We are members of the scheme run by The Dispute Service Ltd (TDS) and the Deposit Protection Service  (DPS).

Inventory

In order to protect your interests we recommend landlords have a professional inventory compiled by an inventory clerk to ensure your property is returned to you in the same condition it was let, fair wear and tear excepted. We would also strongly recommend that an independent check in and check out is conducted. In the event of a dispute going to TDS for arbitration, it will harm your case if you do not use a truly independent clerk or if the document is unclear or used many times. 

Mortgage and Leasehold

If you have a mortgage you must obtain consent from your lender. If your interest in the property is leasehold,   your lease may require you to obtain consent from your landlord prior to sub-letting.

Insurance

Standard homeowner insurance may well be invalidated when you let your property. Please check with your insurance company to ensure you have adequate landlord’s buildings and contents cover with third party liability.

Tax

You are required to pay income tax on rental income and have a legal responsibility to notify H M Revenue Customs of any liability. For landlords who reside outside the UK for more than 6 months out of 12, the rent receiving agent has a statutory obligation to deduct basic rate tax on the net income and make quarterly payments to H M Revenue Customs on your behalf. Visit www.hmrc.gov.uk for more information on your tax obligations.

HMO

Due to the Housing Act 2004, certain types of Premises may require a licence before they can be let.  These properties are primarily Houses of Multiple Occupation (“HMOs”) occupied by three or more persons.