Private Rented Sector Regulations
With the housing market subdued, many would-be sellers have opted to rent out their home rather than sell at a lower price, turning them into what has become known as 'accidental landlords'
In light of this, Paragon Mortages, the buy-to-let specialist, are advising these inexperienced landlords to make sure they are aware of regulations covering the Private Rented Sector (PRS) before they rent out their property.
John Heron, managing director of Paragon, estimates that there are more than 50 Acts of Parliament and 70 sets of regulations governing the PRS, and landlords could face fines if they don't abide by them.
Paragon have provided a list of some common regulations in the PRS:
- Gas and electricity: Boilers must be checked annually by a Gas Safe Register listed tradesman, who will issue a Gas Safety Certificate.
- Tenants should be given a copy when they begin the tenancy and within 28 days of an annual check. All electrical items and fittings should be checked regularly as landlords could be liable if a tenant is harmed by an electrical item provided.
- Fire safety: If the property was built after June 1992, tenants must have an adequate means of escape and a mains-operated inter-connected smoke alarm should be fitted on every floor.
- If the property is a furnished let, furniture and furnishings made after 1950 must meet fire resistance regulations. The National Landlords Association has produced a Fire Safety Logbook.
- Regulator Reform (Fire Safety) Order: Landlords who own flats in a block are required to liaise with the managing agents and other homeowners to ensure that a fire risk assessment of the common parts is carried out.
- Energy Performance Certificates: From October 2008 it became a legal requirement for landlords to make an Energy Performance Certificate of the property available to prospective tenants when letting a property. Failure to do so can result in a £200 fine and the landlord being prevented from marketing the property until the EPC is obtained.
- Tenancy Deposit Protection: From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a tenancy deposit protection scheme.
- Houses in Multiple Occupation (HMOs): Rental homes spread over three stories or more and occupied by at least five tenants in two or more households are classed as Houses in Multiple Occupation and require a license by the local authority.
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