• Legislation

    Legislation

Compliance and Legislation

We are fully compliant with relevant legislation and make sure that all legal aspects of letting your property are up to date, understood and taken care of.

Gas Safety (Installation and use) Regulations.

As a landlord your property, by law, needs an annual gas safety inspection. This includes gas supply to the property and all gas appliances which must be carried out by a registered Gas Safe engineer. We must as your agent and by law provide this certificate to your tenants and always at sign up for a new tenancy and at renewal of a tenancy. Failure to comply with these regulations carries a penalty and can lead to prosecution.

Electrical equipment and safety regulations

Landlords have a legal duty of care to ensure that electrical equipment supplied and installed is safe and maintained. The law does not specifically require any form of testing, unless your property is a licenced House in Multiple occupation (HMO);  however, should there be an accident the landlord would be required to prove that due diligence was undertaken in ensuring the safety of electrical installations. To this end it is advised that in order to ensure the safety of the electrical supply an Electrical Installation Conditioning Report (EICR) is commissioned and at the very minimum that your fusebox is fitted with a Residual Current Device (RCD) An RCD is a sensitive safety device that switches off automatically if there is a fault and designed to protect against the risks of electrocution and fire.

If your house is a licenced HMO then the Electrical Installation Report would need to be done every five years and a copy supplied to the authority issuing the licence.  A should be fitted with a  Failure to comply with electrical installation is a criminal offence, carries penalties and can lead prosecution and imprisonment.

The Furniture and Furnishings Safety Regulations

If your property is furnished then all soft furnishings must comply and have a visible compliance label (excluding furniture manufactured before 1950).  Our inventory clerks will check and record this on the inventory before your property is let out and we will advise you prior to marketing your property.

Smoke and Carbon Monoxide Alarm regulations.

A smoke alarm must be fitted for each storey of your property where there is least one room (a bathroom or lavatory is included as a room). These must be regularly checked to ensure they are in proper working order and on the day the new tenancy starts.

Carbon Monoxide Alarms are mandatory in properties with a solid fuel appliance or flame (wood burning stove/ open fire/ gas fire).  Any property that is under full management with us will be fitted with a carbon monoxide alarm regardless of whether there is a solid fuel appliance and these will be checked annually with the gas safety inspection. Failure to comply with this regulation can lead to a civil penalty of up to £5000.

Energy Performance certificate

Energy Performance Certificates are required, by law, if you are either renting or selling a property. The Energy Performance Certificate (EPC) must be made available to tenants when we advertise a property and hard copy is given to a tenant when they  sign an agreement to let. It allows tenants to see how energy efficient your property is and make an assessment on their domestic energy bills. This is done on a grading system A-G with A being most energy efficient and G being least. Any property that is being rented must be an E grade efficiency or higher. If your property does not have an EPC we can organise this on your behalf before your property goes on the market to let. Failure to have an EPC on your property carries a £200 fine. To be in breach of EPC regulations for rented property carries a maximum penalty of £5000.

Right to Rent checks

From the 1st February 2016 it became mandatory for landlords or their letting agents in England to check the immigration status of all adult tenants before the start of a new tenancy to determine whether they have the right to live in the UK legally. To comply with this legislation prospective tenants have to present an original identification document to either landlord or letting agent who will retain a copy. We obtain copies of all original identification documents from tenants which are sited and certified by a member of our admin team before being sent off for referencing. Relevant dates and visas stamps are then recorded prior to a tenancy commencing and followed up at the point when a tenant renews a contract. Failure to comply with the right to rent checks is a criminal offence with unlimited fines and prosecution leading to imprisonment.

HMO licencing

There are several categories of HMO. Some automatically require a licence and some only require a licence at the discretion of a local authority.

The simple definition of an HMO is any dwelling that is occupied by three or more people consisting of two or more households who share facilities; they occupy it as their main and principal home and rent is payable. If your property sits within Oxford City Council local authority and you are looking to rent it to three or more people who are unrelated to each other, your property will require an HMO licence.

In addition to this a new mandatory licencing criteria came into force on 1st October 2018 and applies throughout the UK. In essence this states that any property regardless of local authority it falls under will require a licence if it is rented to five or more people forming three or more households where there are shared facilities (eg kitchen / bathroom/ toilet).

We have a dedicated member of staff who can advise and assist you with any aspect of an HMO or HMO licencing and manage this on your behalf. We are fully versed with the legalities around Houses in Multiple Occupation and have trusted contractors who will carry out the relevant checks required to ensure your property is fully compliant under the licencing scheme.

For further information or to have an informal chat about any of the above legal aspects of renting your home give us a call on 01865 242 634

The Gas Safety (Installation & Use) Regulations 1988 (amended 1994)

As a Landlord, your property must, under Law, have an annual inspection of gas supply and gas appliances. This must be carried out by a registered Gas Safe engineer. Failure to comply with these regulations can lead to prosecution with fines up to £25,000 or even imprisonment.

The Electrical Equipment (Safety) Regulations 1994 & The Plugs and Sockets etc. (Safety) Regulations 1994

These regulation state that Landlords have a legal obligation and a duty of care to ensure that the electrical installation and the electrical equipment supplied is certified and safe. The Regulations have been mandatory since 1st January 1997.

As a Landlord, any failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumer Protection Act 1987 that carries a maximum penalty of a £5000 or can lead to imprisonment.

The Furniture and Furnishings (Fire) (Safety) Regulations 1988

These regulations apply ‘to persons who hire out furniture in the course of a business of theirs’ and therefore to Landlords and Agents. All soft furnishings must comply and have a visible compliance label and only excludes furniture manufactured before 1950.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Landlords to need to ensure smoke alarms are fitted to every storey of their property and a carbon monoxide alarm to any room used as living accommodation where solid fuel is used i.e. wood burning stove or an open coal fire. It will also extend to equipment such as a solid fuel Aga in the kitchen. If a landlord is found to be non-compliant they could face a civil penalty charge of up to £5000.

Energy Performance Certificates

Landlords are required, under law, to have an Energy Performance Certificate presented for the property to rent. The Energy Performance Certificate (or EPC as it is better known) rates the performance of the building in the same way as domestic appliances are now rated; from the most energy efficient down to the least efficient, and this allows the prospective tenant an insight into utility costs on that property.

Portfolio Properties
Suit A, Hinksey Court
West Way
Botley
Oxford OX2 9JU