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Landlords Guide

Introduction

Westbrookes is an independent company covering Nottinghamshire offering a personal and professional service. Our experienced lettings staff are able to provide advice and information on all aspects of letting a property.

Whether you wish to let your own home or are thinking of investing in a Buy To Let property, Westbrookes Lettings specialists can guide you through the process, even visiting prospective properties, to ensure that you get the best return on your investment.

We offer three levels of service to accommodate the differing needs of our clients, from Finding a Tenant, Rent Collection and Full Management. These services include:
  • No obligation market appraisal of the property
  • Association with Relocation Companies & many large international corporations relocating staff
  • Accompanied viewings
  • Preparation of Tenancy Agreement
  • Organise for an inventory of the property, its contents and condition
  • Arrangement of gas & electrical safety checks to comply with current regulations
  • Credit agency referencing
  • Property details displayed in all Westbrookes Residential Sales offices
  • Regular, internet advertising to attract the right tenant
  • Full colour property brochure of all available properties to let

For further information please contact us at:

Nottingham Office Tel. 0115 929 9295

Gas Safety

THE LANDLORDS GUIDE TO THE GAS SAFETY REGULATIONS 1998

The Gas Safety (Installation and Use) Regulations 1998 came into force on 31st October 1998 consolidating the three previous sets of regulations and making some additional changes. The regulations contain a number of general provisions relating to the supply and installation of gas appliances and equipment, but there are specific provisions relating to Landlords.

Who must comply?

Any Landlord letting property on a lease of less than seven years must comply with the regulations. This will include assured and assured shorthold tenancies, and regulated tenancies both for a fixed period and periodic. The regulations apply to gas appliances owned by the Landlord and any gas appliance or installation pipe work which directly, or indirectly, serve the property. The regulations initially came into force in October 1994 but have been strengthened by amendments in April and October, 1996 and finally by the consolidation in 1998.

What are the requirements?

We offer three levels of service to accommodate the differing needs of our clients, from Finding a Tenant, Rent Collection and Full Management. These services include:
  • The Landlord must ensure that any gas fittings and flues which serve the gas fittings of tenanted premises must be maintained in a safe condition.
  • Every appliance and flue must be checked for safety within twelve months of installation, and afterwards at intervals of not less than twelve months since the last safety check
  • All work carried out to gas fittings or any safety checks must be done by a suitably qualified installer, currently a CORGI registered installer
  • Landlords must keep records for a period of two years from the date of each check and must make available upon request the original record or a copy of it
  • Landlords must give every new tenant at the commencement of the tenancy a copy of the last available record of the safety check
  • If the safety check is renewed during the period of the tenancy the Landlord must give every tenant a copy of the safety record within twenty-eight days of the safety check being due to be carried out
  • Any room occupied for sleeping accommodation must not contain a gas fitting unless it is a room sealed appliance
  • The Landlord should ensure that instructions are available at the premises for all gas appliances and fittings
Ventilation

All gas appliances require adequate ventilation in order to ensure correct working and safety. The Landlord must ensure that adequate ventilation is provided at the property and that care has been taken not to block any ventilation duct.

What action is required?

  • Ensure instruction books are available at the property for all gas appliances.
  • Get all gas appliances checked by a Corgi registered installer prior to letting the property.
  • Keep all records of the annual maintenance inspections and of any remedial or other work carried out to the appliances.
  • Make sure that the annual inspection check is carried out on an annual basis and that the appliances and ventilation are reviewed regularly to make sure that they are in good working order.
What happens if I fail to comply?

The maximum penalty for non-compliance with the regulations is £5,000.00 and/or six months imprisonment. However, the Landlord should be aware that if there is a fatality he may face prosecution for manslaughter.

The Electrical Equipment

THE ELECTRICAL EQUIPMENT (SAFETY REGULATIONS)

The Electrical Equipment Safety Regulations and the Plugs and Sockets Safety Regulations require that all electrical appliances supplied must be safe. This will include an appropriately fixed and fitted plug on the appliance. The equipment should either have instructions shown on the appliance or should have an instruction book supplied.

Unlike the Gas Safety Regulations there is no legal requirement to have the electrical appliances checked on an annual basis. However, in order to comply with the regulations it is imperative that the Landlord has appropriate checks and safe guards carried out.

What are the legal requirements?

  • All the appliances supplied in a property after 1st January 1997 must be marked with the appropriate CE symbol.
  • Safety – all electrical appliances must be safe. This applies to items of both alternate and direct current which means the Landlord will have to ensure that such appliances as kettles, toasters, irons and television sets are safe as well as fixed appliances such as electric cookers and immersion heaters. Safety includes the lead.
  • Instruction books – manufactures’ instruction manuals should be provided for each appliance supplied at the premises. The instructions can either be shown on the appliance, or an instruction book can be supplied. This will help to ensure the safety of the tenant.
  • Plugs – all plugs must have a safety sheath, be fitted with the correct fuse and appropriately fitted and fixed to the appliance.
What happens if I fail to comply?

The maximum penalty for non-compliance with the regulations £5,000.00 and /or three months imprisonment if there is a risk of fire to the property or injury or death to an animal. If the risk is to the life of a human being, the penalty may be up to twelve months imprisonment.

What happens if I fail to comply?

The maximum penalty for non-compliance with the regulations £5,000.00 and /or three months imprisonment if there is a risk of fire to the property or injury or death to an animal. If the risk is to the life of a human being, the penalty may be up to twelve months imprisonment.

What should be tested?

  • Kettle
  • Toaster
  • Iron
  • Televison Set
  • Immersion Heater
  • Wall mounted Heaters
  • Electrical Cooker
The Landlord also has a statutory duty to maintain the mains wiring to the property. It is recommended that the mains wiring is checked prior to the initial tenancy and again at least every five years in a domestic environment.

What should I do?

The Landlord should arrange to have a safety check carried out by a suitably qualified tradesperson prior to the commencement of the first tenancy and annually thereafter. Fixed installations should also be checked for safety prior to a tenancy commencing and then at five to ten yearly intervals thereafter.

Records should be kept of all appliances tested and checks carried out. Any remedial work carried out to appliances should also be noted.

Leads on appliances such as irons, toasters and kettles should be checked regularly as worn or frayed leads can be dangerous. Any defective lead should be replaced immediately, or the appliance should be renewed.

All electrical appliances must be supplied with a correctly fused plug fitted to it.
The plugs should be tested prior to the commencement of a tenancy to ensure that no dangerous fuses have been used during the period of the tenancy.
Instruction books should be supplied for all electrical appliances at the premises if the instructions are not already shown on the appliance.

Furniture & Furnishings (Fire) Safety Regulations

A LANDLORDS GUIDE TO THE FURNITURE & FURNISHINGS (FIRE) SAFETY REGULATIONS

The Regulations concerning furniture in rented property have been tightened to apply to all accommodation available in the residential lettings market, as from 1st January 1997. Landlord’s letting residential property must ensure that all of their furniture is "fire resistant" to comply with the regulations, otherwise they will be committing a criminal offence. The penalty for this offence is a fine of up to £5,000 and/or six months imprisonment.

What does fire resistant mean?

"Fire resistant" means that the furniture must pass the "ignitability test" as well as the "cigarette test" and the "match test". This means that all suitable furniture must have:

  • Three piece suites, armchairs and sofas
  • Beds, headboards, mattresses, divans and bed bases
  • Sofa beds, futons and other convertible furniture
  • Nursery and children's furniture
  • Loose, stretch and fitted covers for furniture
  • Scatter cushions and seat pads
  • Pillows
  • Garden furniture suitable for use in a dwelling
The regulations do not apply to:
  • Bed clothes including duvets
  • Loose covers for mattresses
  • Carpets or curtains
  • Furniture manufactured before 1st January 1950
How can the Landlord tell the furniture complies?

The correct method of displaying compliance is to check that a permanent label is present on all items of furniture. This will apply to new or second hand furniture. Landlords should always check that an item of furniture has a permanent label before making a purchase, beds and padded bases rarely carry a label, but if the item complies with BS7177, it should meet the required standard.

The trading standards department can give guidance, in case of doubt.

Can the Regulations be avoided?

No! It is an offence to either:

  • Sell the furniture to the tenant
  • Give the furniture to the tenant
  • Obtain an indemnity from the tenant that they do not mind the furniture does not comply
  • To store the furniture so that the tenant can put it back in the premises
  • To leave the items off the inventory inferring that they do not exist
What action should the Landlord take?

  • Do not buy or provide any furniture for a residential letting that does not comply with the regulations. Check that all items carry a permanent label.
  • Keep all receipts and invoices denoting purchase and if a label becomes detached keep it in a safe place in case it is necessary to prove to the agent, the tenant, or other party that the furniture did comply with the regulations.
  • Ensure that the permanent labels are noted on the inventory.
Further Information

Should you require further information regarding the Gas, Electric or Furniture and Furnishings (Fire) Safety Regulations we recommend you approach:

  • The Lettings Agent
  • Trading Standards Office
  • Environment Health Office
  • Health and Safety Executive
  • The Gas Safety action line which can be contacted on 0800 300 363
  • Obtain a copy of the Guide to the Furniture and Furnishings (Fire Safety) Regulations published by the department of trade and industry.
The above guides are intended to provide a summary of the regulations to the Landlord, it is not an authoritative interpretation of the regulations, which is a matter for the courts.


Check List


  1. Obtain Mortgagees Consent
  2. Obtain Freeholders Consent (if leasehold property)
  3. Inform Insurance Company (Building & Contents)
  4. Gas Safety Check & Certificate
  5. Electrical Safety Check & Certificate
  6. Ensure Furniture & Furnishings Comply
  7. Leave Instruction Manuals for all appliances at property
  8. Ensure Property & Garden left in clean & tidy condition
  9. Arrange for Post to be Re directed
  10. Ensure sufficient number of keys provided for Tenant & Agent




 
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