Legal Issues for Landlords

 

  We will not tie you up in small print.  We make being a Landlord of one property or many very easy and financially rewarding.  That said there is no ignoring the growing amount of legislation and very complex regulations that relate to being a successful Landlord.  In addition to what is already on the Statute Books, Landlord and Tenant law is impacted daily by case law (e.g. Rodriquez v Strikethrough).
 
Every successful Landlord knows the importance of understanding their legal obligations and appreciate that failure to pay enough attention to such matters can lead to costly problems. Don’t worry if you don’t know the law, or have the time to keep up-dating everything you do know.  Expert help is at hand!
          
We have advanced ARLA legal training and are continually studying journals and industry up-dates to ensure that the advice we give is current and reliable. If you need help with a problem Tenancy then contact us now to discuss our unique Tenancy Intervention Service.

                  
 
 
Some Examples of Landlord's Legal Obligations:
Property Structure
Landlords have statutory obligations to maintain the structure of their property including drains, gutters, down-pipes, sanitary appliances and other fittings in compliance with Sections 11 - 16 of the Landlord and Tenant Act 1985 (as amended by the Housing Act 1988). 

Essentially the requirement is to keep the property in good repair and ensure that installations for the supply of water, gas, electricity and sanitation are in proper working order (this includes basins, sinks, baths, showers and lavatories).  Likewise installations already in the property for heating (both the property and water) must be in good repair and working order. 

We consider it an important part of our role to assist you in meeting these legal obligations and where appropriate will do so on your behalf

 
  Gas Safety Regulations
The Gas Safety (Installation and Use) Regulations 1998 (as amended) impose statutory obligations on Landlords of residential properties regarding the gas supply and gas appliances.  Including central heating systems, boilers, fires and cookers, irrespective of whether these use mains, liquid propane or ‘Calor’ gas. 

Legally, all responsibility rests with the Landlord and penalties are deliberately  punitive.  If your Tenant dies, manslaughter charges could result.  Whilst your legal responsibility cannot be transferred, we can arrange for the necessary inspection(s) and annual renewal and we will hold appropriate records for the duration of our instruction.  No tenancy can commence without a current gas safety check record.

Electrical Equipment Safety
The Electrical Equipment (Safety) (Amended) Regulations 1994 essentially require all low voltage electric appliances in a property to be safe.  To ensure compliance with this and subsequent complex regulations/legislation, whilst there is no annual renewal requirement (as with gas) appropriate electrical safety checks must be carried out prior to commencement of your first tenancy.

Irrespective of which of our services you select we can arrange electrical testing for you.

 

 
 
Furniture and Fire Safety Regulations

The Furniture & Furnishings (Fire) (Safety) Regulations 1988 (amended 1993) and the Consumer Protection Act 1987 section 12 (1), make it an offence to ‘supply’ in a residential property that is being let, any furniture or furnishings – including soft furnishings which fail what is known as the ‘cigarette’, ‘match’ or ‘ignitability’ tests.  Essentially, the situation is that all types of upholstered furniture and furnishings including sofas, armchairs, mattresses, futons, cushions, seat pads, permanent or loose covers, children’s furniture etc…. made after 1950, must comply with the regulations. 

Landlords must check the labels on all items outlined above and ensure they comply with current legislation.  Any items that do not must be completely removed from the property prior to Tenant occupancy.  Replacement or new furniture/furnishings added after the tenancy starts, obviously must comply.  Landlords must install sufficient smoke alarms conforming to current regulations and we also recommend carbon monoxide detectors.  We can organise all aspects for you! 

 More website content coming shortly - if you have questions please contact us
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