There are some key requirements that apply to landlords if they are letting out a residential property, which are not only relevant where an employee is being housed under an Assured Shorthold Tenancy, but also to the residential element of Agricultural Tenancies.
Ready to let
Private landlords have to see, copy and retain evidence (for example, a passport) that an adult tenant is in the UK legally.
Landlords must serve tenants with copies of:
- A Gas Safety Certificate;
- Energy Performance Certificate
- Government Booklet: How to rent: the checklist for renting in the UK.
Landlords have to prove that these documents have been served in order to use the Section 21 route to regain possession of the property.
- General Data Protection Regulations
If you hold your tenant’s details, you must be registered with the Information Commissioner’s Office and you must comply with the GDPR.
- Licence to Let
Landlords should check with their Local Housing Authority as to whether they require a licence to let the property.
- Tenant Deposits
Deposits for new tenancies are capped at five weeks’ rent or six weeks where the annual rent is over £50,000.
Landlords have 30 days from receipt of a tenancy deposit to protect the deposit by placing it into one of the three Government backed schemes, and to provide the tenant with details of how and where the deposit is protected.
Preparing the property
- There must be an Energy Performance Certificate with a rating of E or above, or an exemption registered.
- Landlords must check compliance with the new electrical safety standards, every five years, and must have an Electrical Safety Installation Certificate.
- Gas appliances must be serviced every 12 months by a gas engineer.
- Smoke alarms must be fitted on every storey and carbon monoxide alarms must be fitted in any room with a working solid fuel appliance.
- Landlords must carry out risk assessments to demonstrate that they have assessed and taken steps to mitigate any risk of legionnaire’s disease within the property.
- The condition of the Property must be safe and without unacceptable risks, such as damp or mould, and must be fit for human habitation.
Failure to comply with the above, can result in penalties or the inability to serve a valid Section 21 notice.
Frank Smith & Co Solicitors 01242 801748 and www.franksmithandco.com