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All rented properties will need to have
an Energy Performance Certificate before it can be rented.
These certificates are for all buildings and will be required
whenever a building is constructed, rented or sold. The Energy
Performance Certificate (EPC) is similar to the labels now
provided with domestic appliances such as refrigerators and washing
machines. Its purpose is to record how energy efficient a property
is as a building. The certificate will provide a rating of the
energy efficiency and carbon emissions of a building from A to G,
where A is very efficient and G is very inefficient. This in theory
will allow prospective buyers, tenants, owners, occupiers and
purchasers to see information on the energy efficiency and carbon
emissions from their building so they can consider energy efficiency
and fuel costs as part of their investment.
If an EPC is not in place, the landlord can be fined and will be
breaking the law. More importantly, landlords effectively cannot
market their properties and will hence receive no rent. The Energy
Performance Certificate, at present, will last for a period of 10
years. Fines will be in place for non-compliance.
Walton and Hipkiss can order this for you -
Contact Us
All Landlords
must comply with the law relating to gas safety to ensure that gas installations and
appliances supplied with their properties are safe. You need
to have a gas safety check every year, this must be done by
a Gas Safe registered engineer.
Its your responsibility to make sure your tenants know where
to turn off the gas and what to do
in the event of a gas
emergency.
Annual checks
As a landlord, you are legally responsible for making sure
that a Gas Safe registered engineer checks the gas
appliances in your rental properties every 12 months and
gives you copies of the gas safety records.
Gas safety records
When your Gas Safe registered engineer has checked the gas
appliances in your rental property they will give you a gas
safety record. This record confirms the gas appliances have
been checked and are safe.
You must give your tenant a copy of these gas safety records
within 28 days of the checks being done, or give a copy of
the gas safety record to a new tenant before they move in.
Remember, you must keep a record of each safety check for
two years.
WARNING:
Failure to follow gas safety requirements is a criminal
offence and the HSE can issue
a formal caution and may
prosecute the landlord. This Information
can change at any time, if you required
further updates
(Click
This).
If you require a GAS Safe
Engineer,
Walton and Hipkiss can order this for you -
Contact Us
There is no
statutory obligation for landlords or agents to have
professional checks carried out on the electrical
system or appliances. However, under Common Law and
various statutory regulations: The Landlord and
Tenant Act 1985, The Housing Act 2004, The
Electrical Equipment (Safety) Regulations 1994, and
the Plugs and Sockets etc. (Safety) Regulations
1994, both of which come under the Consumer
Protection Act 1987, there is an obligation to
ensure that all electrical equipment is safe.
In January
2005 new legislation under Part P of the Building
Regulations make it a requirement that for certain
types of electrical work in dwellings, plus garages,
sheds, greenhouses and outbuilding comply with the
standards. This means a competent electrician must
carry out the work. For DIY electrical work you must
belong to one of the Government's approved Competent
Person Self-Certification schemes or submit a
building notice to the local authority before doing
the work.
Failure to
comply with the Electrical Equipment (Safety) Regulations
1994 and the Consumer
Protection Act 1987 is a criminal
offence and may result in:
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A fine of £5,000
per item not complying
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Six months
imprisonment
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Possible
manslaughter charges in the event of deaths
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The Tenant may also
sue you for civil damages
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Your property
insurance may be invalidated
In the case of commercial
property and houses in multiple occupation there is a
statutory duty under the Regulatory Reform Fire Safety Order
2005 for the responsible person (the property manager) to
carry out annual Fire Safety Risk Assessments, which include
electrical safety risks.
These regulations are
enforced by the Health & Safety Executive.
DPS - Tenancy deposits now
require an authorised Tenancy Deposit Scheme of which there
are two types - a single custodial scheme and an insurance
scheme. In the custodial scheme landlords pay deposits into
a special account where it stays until the tenancy ends,
when either the landlord or tenant can apply to have it
returned. If both agree on how it should be split, the
scheme administrator pays within 10 days of receiving a
request. In the insurance scheme deposits are kept by
landlords on the basis that when the tenancy ends, the
amount agreed between landlord and tenant will be paid out
to the tenant. The insurance only comes into effect if, at
the end of a tenancy, the landlord does not pay back part or
all of the deposit within 10 days of the tenant asking for
it. Should this happen, the tenant approaches the scheme
administrator. The landlord will then have to pay the amount
into a special authorised account within a further 10 days.
Once a dispute is settled the administrator has to pay the
tenant within 10 days. The insurance comes into effect if
the landlord fails to pay the deposit into the account as
requested. Landlords will have to pay to join a scheme and
there are penalties for landlords who don't join a scheme.
It will also be impossible to get possession if you are not
in one.
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