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LANDLORDS GENERAL ADVICE |
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> General Advice for Landlords |
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Introduction
A 'Landlord' is a term that is centuries old and refers back to the times
when land was owned by noble families whose workers tenanted cottages on
their estates.
Today there are tens of thousands of landlords in Great Britain, the
popularity of buying property to let having being fuelled in recent years by
a combination of low interest rates and lenders offering 'buy to let'
mortgages.
The majority of landlords these days only own one or two properties but
their responsibilities are no less than those of landlords who own many.
General Requirements
There are currently few general legal requirements that need to be met when
letting property in England and Wales. Most of these relate to property
standards but landlords also need to be aware of other areas of legislation
that can affect them and this information guide seeks to identify the main
areas that apply.
Many local authorities already run voluntary registration schemes, but
currently there is consultation by government on establishing a national
registration scheme (or licensing) for houses in multiple occupation (HMOs).
This is likely only to apply to HMOs but the government is looking at
widening the definition of these properties so it is possible that it may
include some of those currently designated as 'shared houses' (e.g. student
houses).
Despite the current lack of specific legislation affecting much of the
private rented sector, successful landlords should aim to provide
accommodation that is safe, clean, well managed and offers good value for
money.
Responsibilities of Landlords & Tenants
What is the Landlord Responsible For?
Repairs
Unless the tenancy has a fixed term of more than 7 years the landlord is
responsible for repairs to:
• The structure and exterior of the property
• Baths, sinks, basins and other sanitary installations
• Heating and hot water installations
Safety of Gas and Electrical Appliances
A Landlord is required to ensure that the gas installation and appliances
are maintained in good order and that an annual safety check is carried out
by a CORGI qualified and registered engineer. He must keep a record of the
safety checks and issue a tenant with a copy of the safety certificate
either at the commencement of the tenancy, or within 28 days of the annual
inspection.
He is not responsible for inspecting gas appliances which are owned by a
tenant and which they can take away with them at the end of the tenancy.
A landlord should also ensure that any electrical appliances that he
supplies such as cookers, toasters, washing machines and immersion heaters
are safe to use, although he has no responsibility for those owned by the
tenant.
Fire Safety of Furniture and Furnishings
A landlord must ensure that any furniture and furnishings that he
supplies meet the fire resistance requirements in the Furniture and
Furnishings (Fire) (Safety) Regulations 1988, unless he is letting his home
on a temporary basis whilst for example, working away from home.
What is the Tenant Responsible for?
Council Tax
Tenants are normally responsible for paying their own Council Tax.
However if the house is in multiple occupation (many councils use the
definition of a property which is constructed or adapted for occupation by
individuals who do not form a single household, or who have separate
tenancies, or who pay rent for only part of the property) then a landlord
will be responsible for paying it. This can be recovered in the amount of
rent collected however.
Water and Sewerage Charges
Tenants normally pay this charge if the accommodation is self-contained.
This should be dealt with in the tenancy agreement. If the landlord pays it
can be included in the rent.
Other bills
Responsibilities should be agreed between landlord and tenant and clearly
stated in the tenancy agreement. |
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