It can sometimes seem like there is a new piece of regulation or legislation introduced each week to the lettings sector, including safety inspections and it can be hard to keep track.
But when it comes to compliance, understanding what certificates do landlords need is crucial. Landlords and agents are obliged to have a range of certificates to show they are keeping their tenants safe and in a home of good repair. This includes essential documentation such as gas and electrical safety certificates, which must be retained to ensure compliance with regulations.
Here, we lay out the certificates that landlords and agents need to be most aware of.
Introduction to Landlord Certificates
As a landlord in the UK, it is essential to understand the various certificates required to ensure compliance with legal responsibilities and provide a safe living environment for tenants. Landlord certificates are crucial for a smooth letting journey, reducing stress, and maximizing returns. Key certificates include the Gas Safety Certificate, Electrical Safety Certificate, Energy Performance Certificate (EPC), and Legionella Risk Assessment. These certificates help protect both landlords and tenants, ensuring that rental properties meet the necessary safety standards.
The Gas Safety Certificate ensures that all gas appliances, fittings, and flues are safe and working efficiently. The Electrical Safety Certificate confirms that electrical installations are safe and compliant with regulations. The Energy Performance Certificate (EPC) provides information on a property’s energy use and efficiency, helping to reduce energy costs. Lastly, the Legionella Risk Assessment identifies potential risks of Legionella bacteria in water systems, ensuring a healthy living environment. By obtaining these certificates, landlords can fulfill their legal responsibilities and provide a safe and comfortable home for their tenants.
Energy Performance Certificate (EPC)
First introduced by the government in August 2007 to improve the energy efficiency of homes in England and Wales, these certificates have taken on added importance in recent years as the government has sought to strengthen energy efficiency regulations.
Landlords and agents are obliged to order an EPC for potential tenants before a property is put on the market for rent. A copy must also be given to tenants on the first day of the tenancy. EPCs must be provided to prospective tenants to help them understand the energy efficiency of the property. An EPC sets out information about a property’s energy use and typical energy costs, and also offers recommendations about how to reduce energy use and save money.
Most importantly, it gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for 10 years.
Since April 1 2018, and the introduction of the MEES (Minimum Energy Efficiency Standard) Regulations, it has been illegal for private landlords to let domestic properties on new tenancies to new or existing tenants if the EPC rating is F or G (unless an exemption applies).
Since 1 April 2020, the prohibition on letting F and G properties has extended to all relevant properties, even where there has been no change in tenancy.
Enforcement action can be severe. If a local council is of the opinion that a landlord has failed to fulfil their energy efficiency obligations, they can serve the landlord with a compliance notice. If a breach is subsequently confirmed, the landlord could then receive a financial penalty of up to £5,000 in total per property.
Gas safety certificate
Gas safety is hugely important when it comes to rental properties, and landlords – or agents on their behalf – must abide by and understand their gas safety responsibilities.
The Gas Safety (Installation and Use) Regulations 1998 outline the duties a landlord must carry out to ensure all gas appliances, fittings, chimneys and flues are safe and working efficiently. A landlord or letting agent working on their behalf letting a property with gas appliances installed have three main legal responsibilities: gas safety checks, keeping gas safety records and ongoing maintenance.
All gas appliances and flues in a rental property must undergo an annual gas safety check – and always by a Gas Safe-registered engineer. This includes all gas appliances, such as the gas oven, which must be checked annually by a certified engineer.
Once such a check has been conducted, a Landlord Gas Safety Record or Gas Safety certificate with details of all the checks that were carried out will be provided. Sometimes this will be referred to as a CP12 certificate.
Following the annual gas safety check and receipt of the Landlord Gas Safety Record or Gas Safety certificate, landlords or agents acting on their behalf must provide a record of this check to the tenants.
Legally, a copy of the Landlord Gas Safety Record should be given to the current set of tenants within 28 days of the gas safety check. Meanwhile, for new tenants, this’ll need to be provided at the start of their tenancy.
Electrical safety certificate
Another crucial way in which landlords, or agents on their behalf, must keep tenants safe is by ensuring electrical safety standards are adhered to in their rental properties.
New regulations, introduced in June 2020 for new tenancies, require landlords to have the electrical installations in their properties inspected and tested by a qualified electrician at an interval of at least every five years.
Landlords must also provide a copy of the electrical safety report to their tenants, and to their local authority if requested.
In April 2021, the regulations were extended to apply to all existing tenancies.
A report (usually known as an Electrical Installation Condition Report or EICR) must be obtained from the qualified electrician conducting the inspection and test, which explains its outcomes and any investigative or remedial work needed.
It’s at this point that landlords, or agents working for them, must supply a copy of this report to the tenant within 28 days of the inspection and test. This must be provided to a new tenant before they move in, and to any prospective tenant within 28 days of receiving a request for the report.
Meanwhile, if a local authority requests it, landlords or agents must supply them with a copy of this report within seven days of receiving the request.
A copy of the report must be retained to give to the inspector and tester who will undertake the next inspection and test.
There are various other tests that a landlord or agent must or should carry out that may require certification or document keeping, including asbestos surveys and fire risk assessments, as well as boiler servicing, PAT testing, and water usage and ventilation testing. You can find out more here .
PropCert is a nationwide provider of property services including Energy Performance Certificates, Electrical Installation Condition Reports, Asbestos Surveys, Fire Risk Assessments and more.
The company was established in 2010 to meet the growing requirements of EPCs for the private and public sector and has evolved into providing other services as we have grown
Fire Safety and Fire Safety Measures
Fire safety is a critical aspect of landlord responsibilities, as it must comply with fire regulations . While there is no specific fire safety certificate, landlords must adhere to fire safety regulations, including installing working smoke alarms on each floor and ensuring escape routes are clear. Additionally, landlords must provide fire extinguishers in Houses in Multiple Occupation (HMOs) and ensure that furniture meets fire-resistant requirements. The Health and Safety Executive provides guidance on fire safety measures, and landlords should conduct regular risk assessments to identify potential hazards.
It is also essential to have a solid fuel burning appliance, such as a wood burning stove, installed and maintained correctly, and to provide instructions for safe operation to tenants. Regular maintenance and clear communication with tenants about fire safety rules can prevent unnecessary danger and ensure compliance with fire safety regulations. By taking these steps, landlords can protect their properties and tenants from fire-related risks.
Deposit Protection
Deposit protection is a legal requirement for landlords in the UK. Landlords must place tenants’ deposits into a government-regulated deposit protection scheme, such as the Deposit Protection Service (DPS), MyDeposits, or the Tenancy Deposit Scheme (TDS), and provide the landlord’s contact details . The landlord must provide the tenant with deposit protection information, including the scheme’s contact details, the deposit amount, and the reason for any deductions. Failure to comply with deposit protection regulations can result in significant fines and legal action.
Landlords should also ensure they understand their obligations regarding deposit protection and the tenancy agreement , including the need to provide tenants with the Prescribed Information and to protect the deposit within 30 days of receipt. By adhering to these legal requirements, landlords can avoid disputes and ensure a smooth tenancy process. Proper deposit protection not only safeguards the tenant’s money but also provides peace of mind for both parties.
Legionella Risk Assessment
A Legionella risk assessment is a legal requirement for landlords in the UK. The assessment aims to identify potential risks of Legionella bacteria in water systems, including not stored water tanks and heating systems. Landlords can conduct the risk assessment themselves, but it is recommended to hire a qualified professional to ensure accuracy. The assessment should consider factors such as water temperature, stagnation, and the presence of debris.
If the risk is low, landlords can consider conducting the assessment themselves, but it is essential to keep a record of the assessment and any actions taken to mitigate risks. Legionella risk assessments are crucial for preventing the growth of Legionella bacteria, which can cause Legionnaires’ disease. By conducting regular assessments and maintaining water systems properly, landlords can ensure a safe and healthy environment for their tenants.
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Although rental reform has the potential to improve standards in the private and socially rented sector, the challenges it will raise must be taken into consideration.
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Good news for landlords – spring is the strongest season to let
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we analyse why spring is the strongest season to let and share upgrades to the home that can be made to help stand above the competition
Energy saving improvements, such as installing double glazing or cavity wall insulation, can make properties more appealing to tenants.
Overcoming rental reform challenges can be daunting for landlords, especially when understanding health regulations . The new regulations require a thorough understanding of various aspects of property management, from tenant rights to property standards.
Landlords must understand their legal obligations to comply with new rental reform regulations. This ensures they meet all necessary paperwork and certificates required for property letting in the UK, thereby minimizing risks and maximizing financial returns.
By staying informed and proactive, landlords can navigate these changes effectively and maintain successful rental properties.
The best season to let properties is often debated among landlords. While some argue that summer is the ideal time due to the higher number of people moving, others believe that winter can also be advantageous as there is less competition. Regardless of the season, making home upgrades can significantly impact your property’s appeal.
Energy saving improvements, such as installing double glazing or cavity wall insulation, can make properties more appealing to tenants. These enhancements not only improve energy efficiency but also incorporate portable appliance testing pat and allow landlords to obtain a new Energy Performance Certificate (EPC), which can positively affect the rental potential and attractiveness of the property.
By focusing on these aspects, landlords can ensure their properties remain competitive in the rental market throughout the year.
Carbon monoxide alarms are essential safety devices that can save lives by detecting the presence of this deadly gas. They should be installed in any room containing a fuel-burning appliance, such as a gas boiler or a wood-burning stove.
Solid fuel burning appliances, like wood-burning stoves or fireplaces, also require the installation of carbon monoxide alarms to ensure safety.
Landlords are legally required to install carbon monoxide alarms in rental properties to protect tenants from the dangers of carbon monoxide poisoning. These alarms should be tested regularly to ensure they are functioning correctly.
Overcoming rental reform challenges can be daunting for landlords. The new regulations require a thorough understanding of the changes and how they impact property management.
Landlords must understand their legal obligations to comply with new rental reform regulations.
By staying informed and adapting to these changes, landlords can ensure they remain compliant and continue to operate smoothly.
The best season to let properties is often debated among landlords. While some argue that summer is the ideal time due to the higher number of people moving, others believe that winter can also be advantageous as there is less competition. Regardless of the season, making home upgrades can significantly impact the attractiveness of your property.
Energy saving improvements, such as installing double glazing or cavity wall insulation, can make properties more appealing to tenants. These upgrades not only enhance energy efficiency but also allow landlords to obtain a new Energy Performance Certificate (EPC), positively affecting the rental potential.
