Tenants Deposit Protection

Since April 2007 virtually all new tenancies must be registered with one of 3 deposit schemes within 30 days of receipt of deposit.

Failure to comply will affect your ability to remove your tenants with a Section 21 notice, and could result in you having to pay substantial compensation to your tenants. The scheme also includes a dispute resolution service. 

Energy Performance Certificates (EPC's)

All properties that are on the market to let must have an Energy Performance Certificate (EPC) which must be available for inspection by prospective tenants. Once an EPC has been obtained it will be valid for 10 years.  

It is unlawful for a landlord or agent to rent out a domestic property with an EPC rating of F or G, unless they have a valid exemption in place.

Gas Safety Testing

All gas appliances must be serviced and tested every year.

The Gas Safety Regulations 1998 place a statutory duty on all landlords of residential property to ensure that all gas appliances, pipework and flues are maintained in a safe condition.

They particularly seek to avoid the escape of carbon monoxide poison which is silent, odourless and deadly and require that:
• all let properties must have at all times a valid Gas Safety Record.
• before a tenant takes occupation, the gas appliances and pipework must be checked by a GAS SAFE registered engineer who must provide the landlord with a Gas Safety Record

 The landlord must provide the tenant with a copy of that safety record at the start of the tenancy.

The Furniture and Furnishings (Fire) (Safety) Regulation 1988 
- as amended 1993

All upholstered furniture and furnishings (ie. mattresses, scatter cushions, loose fittings and permanent and loose covers but not carpets and curtains) manufactured after 1950 are required to be fire resistant.  This means that furniture, which can be shown to be manufactured before 1950, is exempt because dangerous materials were not used in the manufacture of furniture prior to this date.

All materials used must meet the Furniture and Furnishings (Fire) (Safety) (Amended) Regulations 1993.  The manufacturer must carry out various tests to ensure their compliance.  

Manufacturers are required to affix permanent labels on to their products such that the removal would cause damage to either the label or the product.  

Smoke & Carbon Monoxide Alarms

It is compulsory for Landlords to have at least one working smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a boiler and also any room containing a solid fuel burning appliance (eg a coal fire, wood burning stove). 

The requirements will be enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.

Carbon monoxide alarms are mandatory in rooms with a fixed combustion appliance (excluding gas cookers) or a solid fuel burning appliance in both private and social rented homes. carbon monoxide alarms are also mandatory upon installation of any heating appliance (excluding gas cookers) in all tenures through building regulations.

Taxation Of Income From Land (Non-Residents) Regulations 1995

Any landlord who is considered non-resident for taxation purposes is liable to pay tax on the rental income arising from letting his or her property.

When a landlord is resident abroad, the agent / tenant is obliged to deduct tax at the basic rate (less allowable deductions) and each quarter to account for and pay to the Inland Revenue this tax deducted. However, overseas landlords may apply to the Inland Revenue for an exemption from this requirement.

Non-resident status includes those living in the Channel Islands, Isle of Man and the Republic of Ireland.

Obtaining Consent To Let A Property

Before letting a property, landlords must obtain permission, as applicable, from:

• Any bank, building society or lender whose loan or mortgage is secured against the property. 
• In respect of leasehold properties, the head landlord, (the terms and conditions of the long leasehold will almost certainly require that permission is sought before letting). 
• Any housing association or other body which has regulations applying to the property.
• The landlord's insurance company who must confirm that cover will be maintained if the property is let.

In particular it is important that the public liability element covers any loss or injury occurring at the property, which might be sustained by the tenant or visitors during the tenancy, for which the landlord could be liable.

Private Rented Property Licensing.

Newham, Waltham Forest, Barking & Dagenham and parts of Redbridge & Havering have all been designated as Private Rented Property Licence area’s.

Put simply, this means that owners of every privately rented home in either borough must apply for a Private Rented Property Licence (PRPL), to be issued by the Council. 

Owners with multiple rented properties in the boroughs must complete an application for each property that is rented.

You can obtain further information and apply for a licence by visiting the Councils website at:

Newham

Waltham Forest

Barking & Dagenham

Redbridge

Havering