Landlords’ Obligations

Does Letting affect my Mortgage?

You should, if you have a mortgage or other loan secured on the property, obtain permission from you lender for the letting. There is usually no problem, provided they know that their interest is protected by a formal agreement such as an Assured Shorthold Tenancy. Clintons will draw these agreements up and we would be pleased to send a copy to your building society or solicitor for checking if you wish.

Leasehold Properties

You will continue to be liable for the Ground rent and Service Charge. Sometimes leasehold properties are subject to restrictive covenants which forbid letting – this should be checked before proceeding.

Insurance

You should notify your Insurers that you are letting the property as cover could be withdrawn if you do not do so. Clintons will advise you on this aspect should any problems arise. (See Insurance section)

Landlord and Tenant Act 1985

Section 11 of the Landlord and Tenant Act 1985 requires Landlords:

• To Keep in Repair the structure of the exterior of the premises including drains, gutters and external pipes.
• To Keep in Repair and proper working order the installation for the supply of water, gas, electricity and for sanitation.
• To Keep in Repair and proper working order the installations for space heating and water heating.

Safety Regulations

GAS SAFETY (INSTALLATION AND USE) REGULATION 1994 AS AMENDED

The Landlord, or his managing agent, is responsible for ensuring that rented property meets safety standards with regard to the gas installation, appliances, pipework and flue and must ensure that safety checks are carried out every 12 months by an approved person who must be CORGI registered. A record must be kept of all safety inspections and a Landlord Gas Safety Certificate (CORGI CP12 or equivalent) must be issued to each tenant at the commencement of a tenancy.

The requirements for safety checks and a written safety record is in addition to regular servicing of appliances (i.e. if a property is covered by a service plan, this is not sufficient). All rented property must have a Gas Safety Certificate (if there are gas appliances) as non-compliance is a criminal offence carrying unlimited fines and custodial sentences.

Smoke & Carbon monoxide Detectors

All new homes must be fitted with mains operated smoke detectors, installed on every floor. This applies to all property built after June 1992. There are no specific regulations governing older buildings/let property but Fire and Safety officers recommend the installation of at least battery operated devices. Ultimately if there is a fire in a let property it would be up to a Court to decide if a Landlord had been negligent by not installing smoke detectors. It is therefore advisable to ensure that all rented properties are equipped with battery operated detectors. Any room with a gas appliance must have a carbon monoxide detector.

THE FURNITURE & FURNISHINGS (FIRE) (SAFETY) REGULATIONS 1988 (Amended 1993)

All upholstered furniture (i.e. settees, mattresses and scatter cushions but not carpets and curtains) manufactured after 1950 (including loose fittings and permanent and loose covers) are included within these regulations.

The regulations state that:

• • upholstered furniture must have fire resistant filling material.
  • Cover fabrics must have passed a match resistance test (covers in certain fabrics such as cottons or silk may be used in non-match resistant form, provided that the furniture has a fire resistant inter-liner between the cover and the filling material).
  • The combination of the cover and the fabric and the filling material must have passed a cigarette resistance test.

If any of these items are included as part of a furnished let, they must comply with the Regulations. All items, except for mattresses and bed bases, that comply with current requirements will carry a permanent label headed “Carelessness causes fire”

There are two types of labels:

• • DISPLAY LABELS: – all furniture will carry the appropriate display label at point of sale.
  • PERMANENT LABELS: – all new furniture (except mattresses and bed-bases) and covers for furniture must carry a permanent and non detachable label.