Legislation & Compliance

For anyone thinking of letting out an investment property or their former home, the decision of whether to go it alone or to enlist the services of an Agent can be a difficult one. Even if you are thinking of doing it yourself, our advice would always be to at least discuss the situation with a qualified and experienced Letting Agent first.

The Residential Landlords Association (RLA) recently published a list of over 100 Acts of Parliament or Statutory Regulations which specifically impact upon private rental sector landlords.

At first hand we have witnessed the distress which can be caused by using unqualified and/or inexperienced Agents. By using Frampton & Roebuck, you can be assured of a professional and fully compliant service, which is a requirement of our membership of The Association of Residential Letting Agents (ARLA Propertymark) www.arla.co.uk

‘In other words, you’re in safe hands!’

Compliance & Safety – Some of the main points you need to be aware of…

Minimum Energy Efficiency Standards (MEES)

Since 1st April 2018, new regulations now mean there is a requirement for any properties rented out in the private rented sector to normally have a minimum energy performance rating of E on an Energy Performance Certificate (EPC). The regulations came into force for new lets and renewals of tenancies with effect from 1st April 2018 and will include all existing tenancies from 1st April 2020. It will be unlawful to rent a property which breaches the requirement for a minimum E rating, unless there is an applicable exemption.

Electrical Safety Standard Regulations

As of 1st July 2020, all new private tenancies in England require that electrical installations are inspected and tested by a qualified person before the tenancy begins. The landlord will then need to ensure that the installation is inspected and tested at least every five years – and more often if the most recent safety report requires it.

For existing tenancies, Landlords are obliged to have an Electrical Installation Condition Report (EICR) in place by 1 April 2021, with regular tests following this as outlined above.

The regulations apply to all properties across the private rented sector, including houses in multiple occupation (HMOs).

Gas Safety Installation Regulations

To ensure your tenants’ safety, all gas appliances and flues need to undergo an annual gas safety check – and always by a Gas Safe registered engineer. Once this has been done, you’ll be given a Landlord Gas Safety Record or Gas Safety certificate with details of all the checks that were carried out. It is also referred to as a CP12 certificate.

Following the annual gas safety check and receipt of your Landlord Gas Safety Record, you’ll need to provide a record of this check to your tenants. By law, a copy of your Landlord Gas Safety Record should be given to your current tenants within 28 days of
the gas safety check - and for new tenants, you’ll need to provide this at the start of
their tenancy.

Smoke & Carbon Monoxide Regulations

Since 1st October 2015 it has been a legal requirement to have at least one smoke alarm installed on every storey of a rental property which is used as living accommodation, and a carbon monoxide alarm in any room used as living accommodation where solid fuel is used - after that, the landlord must make sure the alarms are in working order at the start of each new tenancy. There are additional fire safety and detection requirements for licensed HMO properties.