Legal

With the ever increasing pressure of ensuring that your property complies with current legislation you can rest assured that your property will be in safe hands and that Charters will guide you through the complicated lettings process. Outlined below are some of the main requirements that you will need to comply with.

Pre-Tenancy Requirements :-

Ownership

Where the Property is jointly owned, you must ensure that all of the owners (as stated on the title deeds of the Property) are stated on the Tenancy Agreement.

Insurance

You should ensure that the property, its fixtures, fittings and contents, are fully and appropriately insured for the duration of any tenancy and consent to let for the Property has been granted by your insurance provider. Any such policy should cover third party public liability and occupier’s liability risk.

The Gas Safety (Installation and use) Regulations 1998

All gas appliances and installation pipe work in the property must adhere with these regulations including an annual safety inspection by a Gas Safe Registered engineer. A successful safety inspection must be completed prior to any tenancy commencing and a copy of the report must be provided to the Tenant .You must ensure that there is a valid Gas Safety Record during the entire time there is a tenant in occupation. Failure to comply with these regulations is a criminal offence.

Mortgage Consent

Where the Property is subject to a mortgage you must obtain written consent from your mortgagee(s) prior to entering into a tenancy agreement. The tenant will need to be notified in writing of any conditions of letting imposed by the mortgagee prior to the commencement of any tenancy.

Freeholder and/or Managing Agents Consent

If you are a leaseholder of the Property you must check that the letting of Your Property is permitted under the terms of your lease and if not, that the written permission of your freeholder or managing agent is obtained prior to the commencement of any tenancy and for any extension of the tenancy. You must also ensure that the intended tenancy term is for a period expiring prior to the termination of your lease.

Money Laundering Regulations 2007

You will be asked to provide two items of identification,

one proof of residency (such as a utility bill) and one proof of photographic identification (such as a passport). If you are signing this agreement as a corporate landlord, you will be asked to provide proof of existence of the company (such as copy certificate of Incorporation) and confirmation that you are authorised to act on behalf of the company

The Furniture & Furnishings (Fire) (Safety) Regulations 1988

You confirm that you are fully aware of the requirements of these regulations and warrant that all furniture and furnishing in the property to be let and included in the letting (whether originally provided or added during the tenancy) comply with the requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended by the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989 and 1993.

The Energy Performance of Buildings (Certificates & Inspections) Regulations 2007

With effect from 1st October 2008 all buildings being marketed for letting require a valid Energy Performance Certificate (EPC) The EPC must be made available to us before we can commence marketing the property. The EPC must be provided to any prospective tenants in any written particulars of the property or before their first viewing takes place. Any property privately let, on or after 1st April 2018, must have an energy efficiency rating of between A-E. From April 2020 all privately rented properties must comply with this requirement.

Servicing and Maintenance of Fittings and Equipment

All equipment provided within the Property must be fully operational and safe to use throughout the tenancy term and must be regularly serviced in line with the manufacturer’s guidelines. Instruction manuals should be provided to the tenant prior to the commencement of any tenancy.

Smoke Detectors Act 1991

Under the Smoke & Carbon Monoxide Alarm (England) Regulations 2015, all tenanted premises must be equipped with a smoke alarm fitted on each storey of the property where there is a room used wholly or partly as living accommodation. The landlord must ensure such alarms are in proper working order on the day the tenancy begins and remains in proper working order.

The Electrical Equipment (Safety) Regulations 1994

It is your responsibility to ensure all electrical installations and appliances are maintained and in good working order. Any unsafe items should be removed from the property prior to the commencement of any tenancy. We recommend that you have an inspection of electrical installations and appliances by a qualified engineer and comply with the recommendations and timescales in such report. The Housing Act 2004 requires that in all properties where three or more unrelated occupants occupy a Property (making it an unlicensed House in Multiple Occupation) an electrical safety test must be carried out and a certificate obtained.

Carbon Monoxide Detectors

Under the Smoke & Carbon Monoxide Alarm (England) Regulations 2015, when the premises are occupied under a tenancy they must be equipped with a carbon monoxide alarm fitted in any room which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance. The landlord must ensure that the alarm is in proper working order on the day a new tenancy begins and remains in proper working order.

Control of Bacteria

The Health & Safety Executive has issued Codes of Practice (ACOP) and guidance on the control of legionella in residential property. Further information is available at www.hse.gov.uk. It is your duty to control risk from exposure to legionella for example in water tanks, hot water systems and Hot tubs. A risk assessment should be undertaken prior to the commencement of a new tenancy.

Blinds

In 2014 new regulations came into force regarding Child Safety and window blinds and curtain cords – EN13120. It is mandatory to comply with the new regulations and there is no exception whether there are children present or not. It is your responsibility to ensure that any blinds in the property comply with these regulations

Houses in Multiple Occupation (HMOs) – Housing Act 2004 A mandatory licence is required for any Property comprising three or more floors and has five or more occupants who do not belong to one household. From the 1st October 2018 it will be mandatory for all properties that have 5 or more occupants from 2 or more households to be licensed regardless of the number of floors. It is your responsibility to ensure that you obtain and pay for such a license before you commit to a Tenancy which is defined as an HMO. Please note that some local authorities enforce discretionary licensing.

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