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Before you start renting out your property it is essential that you are aware of your legal obligations and responsibilities as a landlord. Failure to comply with the relevant legislation could result in fines and/or imprisonment.
For further legal obligations please refer to Legal Know How for Landlords: A Landlord's Legal Obligations Part 1.
The duties and obligations listed below are not exhaustive and you are urged to seek independent legal advice for the full range of duties with which you must comply.
Furniture and Furnishings
In accordance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993), landlords have a legal duty to ensure that the furniture and furnishings in their buy-to-let property are fire resistant.
The Regulations apply to the items listed below.
- Furniture intended for private use in a dwelling, including children's furniture.
- Beds, headboards of beds, mattresses (of any size).
- Sofa beds, futons and other convertibles.
- Nursery furniture.
- Garden furniture which is suitable for use in a dwelling.
- Furniture in new caravans.
- Scatter cushions and seat pads.
- Pillows.
The Regulations also apply to loose and stretch covers for furniture.
The Regulations do not apply to the items listed below.
- Sleeping bags.
- Bed-clothes (including duvets).
- Loose covers for mattresses.
- Pillowcases.
- Curtains.
- Carpets.
Failure to comply with the relevant legislation could result in six months' imprisonment or a fine of £5,000, or both.
Repair and Maintenance
Under the Landlord and Tenant Act 1985, s.11 landlords have a legal duty to comply with the points below.
- Keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes).
- Keep in repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity).
- Keep in repair and proper working order the installations in the dwelling house for space heating and heating water.
Deposits
It is now a legal requirement for landlords to place tenants' deposits in an approved deposit protection scheme. Failure to do so could result in a court ordering a landlord to pay the tenant three times the amount of the deposit.
Income Tax
As a landlord, any rental income earned must be declared to Her Majesty's Revenue and Customs (HMRC). Tax evasion is a serious offence and could result in a fine or imprisonment.
Permission/consent
Before you start renting out your property you must obtain consent from the relevant organisations.
- Mortgage provider (failure to inform could result in a demand for full repayment of the loan and/or repossession).
- Landlord insurance company (failure to inform may leave you uninsured or under-insured).
Energy Performance Certificate
Since October 2008, landlords have been required to provide tenants (before any contract is signed) with evidence of an Energy Performance Certificate (EPC) detailing the energy efficiency of the property. Landlords could face a £200 fine if they market a property without an EPC.
The above guidelines are not intended to be a comprehensive guide to your legal duties. For further information regarding your legal obligations you are advised to seek independent legal advice.
For further legal obligations please refer to Legal Know How for Landlords: A Landlord's Legal Obligations Part one.
Useful links for further information:
Related articles:
Attracting and keeping tenants
Legal tips for landlords
Dealing with problem tenants
General landlord information (DIY, Inventories and more..)
Energy-saving tips for landlords and tenants
Financial tips for landlords
Buying a buy-to-let property (auctions, location etc)
Insurance for landlords
Using letting agents
Mortgage information for landlords
The information contained within this article is for general information purposes only, it does not constitute advice. Direct Line for Business endeavours to keep the information up to date and correct but does not make any representation or warranties of any kind about its completeness, accuracy, reliability or suitability. Any reliance you place on the information is strictly at your own risk. Direct Line for Business will not be liable for any direct or indirect loss or damage arising out of or in connection with the use of this information.
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