Regulations affecting landlords

Regulations affecting landlords letting residential property

As a landlord there are legal obligations and responsibilities that you must understand & be aware of. The main ones include; gas appliance testing, fire safety, electrical wiring & deposit protection.

It is imperative that landlords take these regulations seriously as failure to comply can lead to large fines or even imprisonment. At Meridian we are here to advise all of our landlords of these regulations and to help them take the necessary steps to ensuring they are abided by.

Below we have listed the main regulations in detail.

The Gas Safety Regulations 1998

It is a landlord's legal responsibility to ensure that all gas burning appliances and installations are maintained in good order and are checked for safety at least every 12 months by a gas safe registered Engineer.

Meridian is happy to organise a Gas Safe check and certification on your behalf. All of our engineers offer the highest standard of workmanship. Meridian can arrange a gas safety certificate for you at a cost of £75+vat. If you chose our fully managed service we will ensure this is carried out annually.

The Eletrical Equipment (Safety) Regulations 1994

When letting a property, you must ensure that the electrical system and all appliances supplied are safe as failure to comply with the regulations can result in fines, imprisonment and the tenant may also be able to sue for civil damages. There is currently no statutory requirement to have annual electrical safety checks under the Housing Act, but this is set to change in the near future.

Even so with the onus being on the Landlord to ensure safety, it is strongly advisable to have periodic checks carried out by a qualified Electrician. In particular, Landlords are advised to check that the earthing and insulation of all electrical circuits and appliances within the property are up to standard.

Equipment or wiring which is deemed to be unsafe includes defects such as:

• Badly frayed or damaged insulation
• Old or exposed wires, poorly fitted or cracked plugs
• Scorch marked or badly damaged sockets
• Plugs without sleeved insulated pins

Anything which is identified as being potentially unsafe should be replaced immediately with equipment which complies with BS and EC standards.

Meridian can arrange a full electrical safety certificate for you and if you chose our fully managed service we will ensure this is carried out annually if requested.

The Fire and Furnishings (Fire Safety) Regulations 1988/1993

As a landlord you must ensure that furnishings carry a manufacturer's permanent and fixed label showing compliance at the point of sale.

It is also the legal responsibility of the Landlord to ensure that any furniture supplied to Tenants complies with these regulations.

• If possible, buy new from a reputable retailer as second hand furniture is more risky.
• Keep all purchase receipts

The regulations apply to:

• Arm chairs, three piece suites, sofas, sofa beds, futons and other convertible furniture.
• Beds, Bed bases and headboards, mattresses, divans and pillows.
• Nursery furniture
• Garden furniture which could be used indoors
• Loose, stretch and fitted covers for furniture, scatter cushions, seat pads and pillows.
• Bed bases and mattresses are not required to bear a permanent label but compliance will be indicated if the item has a label stating that it meets BS7177

The regulations do not currently apply to:

• Antique furniture or furniture manufactured before 1950
• Bed clothes and duvets
• Loose mattress covers
• Curtains
• Carpets

Any items purchased for the property after the start date of the tenancy agreement must also comply with these Regulations for the duration of the tenancy.

Tenancy Deposit Legislation 2007

With effect from 6th April 2007, legislation was passed stating that for all new tenancies after this date, Landlords must protect deposits under an approved scheme within 14 days from the commencement date of the tenancy. There are basically two options available:

• Option 1: An insurance-based scheme specifically designed to enable Landlords and Agents to hold deposits themselves.
  (Recommended by Meridian)
• Option 2: An custodial scheme whereby Landlords pass the deposit to a government approved scheme administrator.
  (Free of Charge)

Generally the custodial scheme will suit most private Landlords best as it is easy to set-up and is free of charge. The Insurance based scheme is better suited to professional Landlords and Agents as it requires far more administrative work and can be quite costly. However, this scheme is far more popular as it allows the Agent or professional Landlord more control over the deposit.

Meridian use The Dispute Service or (TDS) to register their deposits and all deposits must be held by Meridian under our fully managed service. By using our deposit scheme you will benefit from our in house support team who is on hand to answer and deal with any issues that may arise over a deposit dispute. Visit www.thedisputeservice.co.uk for more information on the service the TDS provide.

It is also vital to ensure that a professional inventory is produced to ensure you have the best chance of winning a case brought against you by a tenant. Please ask us for further information regarding our inventories.

There are now also formal dispute procedures to follow in the event of a dispute between the Landlord and Tenant at the end of the tenancy.