Landlord Obligations

As part of our property management service, AB Property will give landlords guidance on all regulations and legislation which may affect their property during the rental. In summary, the main obligations are as follows:


AB Property Sales & Lettings Ash House Ransom Wood Business Park Southwell Road Mansfield Nottinghamshire NG21 0HJ
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Energy Performance Certificates (EPCs)
Since 1st October 2008 landlords in England and Wales offering property for rent are required by law to provide prospective tenants with an Energy Performance Certificate (EPC) for their property. The certificates must be provided free either when (or before) any written information about the property is provided to prospective tenants or a viewing is conducted. An EPC is valid for 10 years. AB Property can arrange an EPC inspection for our landlord clients upon request at a cost of £66 inc VAT.


There are several regulations relating to electrical installations, equipment and appliance safety, and these affect landlords and their agents in that they are 'supplying in the course of business'. They include the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations 1994, the 2005 Building Regulation - 'Part P', and British Standard BS1363 relating to plugs and sockets. Although with tenanted property there is currently no legal requirement for an electrical safety certificate (except in the case of all HMOs) it is now widely accepted in the letting industry that the only safe way to ensure safety, and to avoid the risk of being accused of neglecting your 'duty of care', is to arrange such an inspection and certificate. AB Property can arrange an electrical inspection and certificate for our landlord clients upon request.


The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, and certain other items including carpets, curtains and bedclothes (including duvets and mattress covers). Non-compliant items must be removed before a tenancy commences.


Gas Safety Checks
Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety at least every 12 months by a Gas Safe registered engineer. They must be maintained in a safe condition at all times, records kept for at least 2 years, and a copy of the safety certificate given to each new tenant before their tenancy commences. Faulty equipment can lead to death and a conviction of unlawful killing on a landlord. Under the regulations any appliance that does not conform can be disconnected. Depending on the number of appliances to be checked, AB Property can arrange a gas safety inspection for our landlord clients upon request at a cost of £50-£70 inc VAT.


Income Tax
When resident in the UK, it is entirely the landlords responsibility to inform HM Revenue & Customs (HMRC) of rental income received, and to pay any tax due. Where the landlord is resident outside the UK during a tenancy, he will require an exemption certificate from HMRC before he can receive rental balances without deduction of the basic rate of tax. For further information, please see Non Residents Landlord Scheme.


Legionella Risk Assessments
If you own or manage rented property you are legally required to undertake a legionella risk assessment and to manage legionella risks on an ongoing basis through control and prevention measures, even where the water system comprises a combi-boiler and mains fed taps. The regulations require a legionella risk assessment to be undertaken on all rented domestic properties containing a water system and are governed by the newly published 2014 ACoPL8. For further details please see the HSE guidance on this subject. AB Property can arrange a Legionella Risk Assessment for £50 + VAT.


Mortgage & Consent To Let
If your property is mortgaged, you should obtain your mortgagee’s written consent to the letting. They may also require additional clauses in the tenancy agreement of which you must inform us. It is also advisable to inform your household insurance company so they can ensure that any additional cover can be arranged.


Smoke Alarms
All properties built since June 1992 must have been fitted with mains powered smoke detector alarms from new. Although there is no legislation requiring smoke alarms to be fitted in other ordinary tenanted properties (except HMOs), it is generally considered that the common law 'duty of care' means that landlords and their agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. We therefore strongly recommend that the landlord fit at least one alarm on each floor (in the hall and landing areas).·


Tenancy Deposit Protection
From 6 April 2007, all deposits taken by landlords and letting agents under Assured Shorthold Tenancies (ASTs) in England and Wales must be protected by a tenancy deposit protection scheme. To avoid any disputes going to court, each scheme is supported by an alternative dispute resolution service (ADR). AB Property has been members of since April 2007.

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