Landlord Obligations

There are a number of considerations and obligations that Landlords need to think about before embarking on property rental. Our experience enables us to guide you through these to ensure that full compliance is achieved.
Please contact us if you require our assistance with these aspects of the letting process.

You will need to secure permission from your Mortgage Lender or Loan Provider before renting your property, this is generally a simple process and we can assist you with support for this if required.

You will also need to review your property related insurances to ensure adequate and relevant cover is in force as necessary. Whilst we will endeavour to provide a seamless transfer of tenancies, you may wish to protect yourself with rent guarantee insurance. Details of suitable products can be found in the "Property Services" menu section on the left of this page. or you can contact us to discuss you requirements

It is important that relevant Authorities and Utilities are advised of a change of occupation and we will arrange these for you at the commencement of a Tenancy.

Legal Compliance

There are three main areas of legislation that are compulsory when letting out your property.

Gas Safety (Installation and Use)
Regulations 1994.

All gas appliances such as cookers and boilers in rented accommodation must be certified every year by a CORGI registered installer. These regulations are enforced by the Health and Safety Executive. For further information on these regulations please ring the free HSE Gas Safety Advice line on 0800-300363.

Furniture and Furnishing (Fire Safety)
Regulations 1988.

All upholstered furniture must comply with the furniture and furnishings regulations 1998. Upholstered or even part upholstered furniture is covered by regulations including beds, mattresses, pillows and cushions. Both clothes, carpets and curtains are not included, neither is genuine antique furniture made before 1950. Each piece of furniture or furnishing must comply with these regulations and have a rectangular label permanently attached to it with the heading “CARELESSNESS CAUSES FIRE”. This label should indicate that the fillings are cigarette resistant and the covers are cigarette and match resistant.

The Electrical Equipment
(Safety) Regulations 1994,
Mandatory since 1st January 1997

All appliances that are supplied within a rental property must meet a certain criteria certified by a qualified electrician and is applicable to both new and second hand appliances. This includes appliances such as immersion heaters, toasters, washing machines, cookers and showers.

Failure to comply with any of these three sets of regulations could constitute a criminal offence under the Consumer Protection Act 1987, which carries a maximum £5000 fine or 6 months imprisonment.

For those customers with full property management, Gas and Electrical certification is scheduled automatically. For other Landlords, whether an existing customer or not, Kirby Property Ltd can arrange your annual Landlord’s Gas Certificate or Electrical Testing, you can order these directly through the “Landlords Self Service” menu section on the left of this page.

Tenancy Deposit Protection

Many tenants in the private sector give their landlords a deposit against possible nonpayment of rent or damage to property. When a tenancy comes to an end, there is usually no disagreement about the return of the deposit. But sometimes there is and this can cause much hardship and inconvenience to both landlord and tenant.

The Housing Act 2004 (Chapter 4, sections 212-5; & Schedule 10) made provision for both the protection of tenancy deposits and the resolution of disputes over their return.

The legislation came into effect on 6 April 2007. After that date all deposits taken for Assured Shorthold Tenancies have to be covered by a tenancy deposit protection scheme. Kirby Property Ltd is a member of the Tenancy Deposit Scheme and is able to ensure full compliance with the requirements of this legislation.

Landlord’s Repairing Obligations.

Landlord's responsibilities:

The Landlord’s responsibilities are covered by the Landlord and Tenant Act 1985 as amended by the Housing Act 1988 (Section 10 – Fitness for Human Habitation), which imposes certain obligations on Landlords to ensure that a dwelling house (which term includes whole or part of a house/flat) remains fit for human habitation.

The areas where a property may be deemed unfit are where there are defects in the following:

a. State of repair.
b. Stability.
c. Freedom from damp.
d. Internal arrangement.
e. Natural lighting.
f. Ventilation.
g. Water supply.
h. Drainage and sanitary conveniences.
i. Facilities for the preparation of food and disposal of wastewater.

Section 11 (Repairing obligations in short leases) specifically requires Landlords:

1. To keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes).

2. To keep in repair and proper working order the installation 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 and electricity).

3. To keep in repair and proper working order the installation in the dwelling house for space heating and heating water.

There may be other implied repairing obligations for a Landlord during a tenancy not covered by the above which if not carried out could result in a claim for damages by a tenant. It should be noted that the Courts have generally found in favour of the tenant where the tenant is no longer receiving the full benefit offered by the property as at the commencement of the tenancy.

It is therefore our recommendation that arrangements are made for all repairs of a significant nature to be carried out in a timely manner to maintain the property in good order and retain the commitment of the tenant. Failure to do so may also make it more difficult to attract the best possible tenants in the future.

It is usual for Landlords agree with us a fund level within which we may undertake repairs or maintenance without referral for small jobs, this permits a timely response to the tenant whilst saving the Landlord from constant referrals. Of course should more substantial issues arise we would always discuss these with you before instructing any action.

If you are unsure or require any further information on any of these obligations, please contact us for further advice.