The definition of House in Multiple Occupation (HMO) changed under the housing act of 2004, with most student shared houses being included as HMOs for the first time. Also landlords of HMOs that are three storeys or more and are occupied by five people of more will need to apply for a licence. In line with this change a few guide were produced to give landlords greater awareness of their responsibilities and the additional responsibilities that have been proposed for the future.
HMO licensing guide for Landlords
This guide provides information regarding the laws and regulations governing Houses of Multiple Occupation and the requirements for licensing HMO’s.
AST Guide for Landlords
From the department for Communities and Local Government comes a guide for Landlords and Tenants rights and responsibilities if the letting began on or after the 15th of Jan 1989.
Proposed Law Changes for Renting Homes
Published by the Law commission, an indepandant body set up by the government, this paper outlines the proposed law changes for renting a home and how the suggestions of the commission will effect landlords.
Acts and regulations impose duties and responsibilities on landlords to ensure that the property is completely safe and that all electrical appliances installed are safe throughout the life of the tenancy…
You’ll need to inspect your appliances regularly and ensure that you keep records of all periodic inspections. It is important to be aware of them to ensure that you are compliant and to avoid penalties. Acts and regulations such as the Housing Act 2004 cover a range of issues and introduced regulatory systems such as the Housing Health and Safety Rating System.In additional legislation such as Consumer Protection Acts place liability on landlords to ensure that their property complies with 29 categories of hazard under the Housing Health and Safety Rating System. Therefore to ensure that your property is fit for letting under these acts and regulations, you should follow a series of measures such as providing valid gas safety certificates and taken reasonable precautions to ensure that your premises are free from dangerous defects.
The Housing Act 2004
These explanatory notes has been prepared by the Office of the Deputy Prime Minister to assist the reader in the understanding of the 2004 housing act.
Electrical Equipment Regulations 1994
Provides informations regarding the measures and levels of safety and consumer protection in respect to electrical equipment as laid down in law by the secretary of state.
The Gas Safety (Installations and Use) regulations 1998
This summarises the main changes of the Gas Safety Regulations 1998 and their effects for enforcement.
The Regulatory Reform (Fire Safety) Order 2005.
Landlord and Tenants Covenant Act 1995
An act that makes provisions, in some circumstances for those under a tenancy agreement to be released from it and the circumstances surrounding such a proceedure.
The Unfair Terms in Consumer Contracts Regulations 1999
When adding your own terms to a tenancy agreement, we recomend that you familiarise yourself with this regulation.
Liability for land and premises legislation
- OCCUPIERS’ LIABILITY ACT 1957
- OCCUPIERS’ LIABILITY ACT 1984
- DEFECTIVE PREMISES ACT 1972
- OCCUPIERS’ LIABILITY ACT 1984
More to come July 2020 >
These certificates are for all buildings and will be required whenever a building is constructed, rented or sold.
The Energy Performance Certificate (EPC) is broadly 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.
EPCs are produced using standard methods with standard assumptions about energy usage so that the energy efficiency of one building can easily be compared with another building of the same type. This allows 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.
An EPC is always accompanied by a recommendation report that lists cost effective and other measures (such as low and zero carbon generating systems) to improve the energy rating of the building. The certificate is also accompanied by information about the rating that could be achieved if all the recommendations were implemented.
When are assessments required?
An Energy Performance Certificate is only required when a building is constructed, sold or rented out. An EPC is valid for 10 years, except for sales of homes which are subject to the Home Information Pack Regulations 2007, where a Home Information Pack (HIP) is required. In these cases an EPC must be no more than 12 months old when the property is first marketed.
On RentWhen buildings are to be rented out, the landlord is responsible for ensuring a valid certificate is made available to all prospective tenants. For guidance on property particulars and when certificates need to be made available, seeProperty particulars and making EPCs available to prospective buyers and tenants. Homes require an EPC on rent from 1 October 2008. See ‘When the measures being introduced’ for more details.What happens if you don’t comply?
When the construction of a new building is completed, the builder or person responsible for the construction is responsible for obtaining the certificate and providing it to the owner. This is a duty under Building Regulations. This will also apply if a building is converted into fewer or more units and there are changes to the heating, hot water provision or air conditioning/ ventilation services.On Construction
Homes were required on an EPC on construction or such conversion from 6 April 2008. Some commercial buildings require an EPC on construction or such conversion from this date.
For existing buildings that are to be sold, the building’s owner is responsible for ensuring a certificate is made available to all prospective purchasers at the earliest opportunity. For guidance on property particulars and when certificates need to be made available, see Property particulars and making EPCs available to prospective buyers and tenants
Homes sold without marketing for sale e.g. by private treaty between family members or Local Authority housing will require an EPC on sale from 1 October 2008.
If you are a landlord letting a property equipped with gas appliances you need to understand and comply with the law relating to gas safety.
Understanding the law for rental accomodation and 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 certificates.
Gas Safety Certificates
When your Gas Safe registered engineer has checked the gas appliances in your rental property they will give you a gas safety certificate. This certificate confirms the gas appliances have been checked and are safe.
If you let a property, you must make sure that pipe work, appliances and flues provided for tenants are maintained in a safe condition. You need to have a gas safety check every year. A Gas Safe registered engineer must carry out the safety check in your properties in Great Britain and the Isle of Man. You must give your tenants a copy of the gas safety certificate within 28 days of it being carried out or before they move in.