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Legal Requirements - Landlords Duty of Care

Gas
As a landlord you will be responsible under the Gas Safety Installation and Use Regulations 1994, for ensuring that all gas appliances within your property are maintained and checked for safety every twelve months by a Gas Safe registered plumber. A written record of this servicing must be kept and the tenant must have a copy of the certificate. Please note – Landlords must have a certificate in place before letting and management of their property can commence.

Electrical Equipment
It is important that both the fixed installation (i.e. the mains wiring) and any supplied appliances and other equipment are safe.

  • Appliances - It is now a legal requirement that electrical appliances are tested prior to letting of a property and annually thereafter by a qualified electrician.
  • Wiring – It is important that fixed wiring circuits are checked for safety. NIC/EIC recommends that this be carried out at least every 10 years if your wiring installation is less than 10 years old, and every 5 years if your installation is older.

Landlords must have a certificate in place before letting and management of their property can commence.

Energy Performance Certificates (EPCs)
This certificate is required following the Energy Performance of Buildings Directive being brought into legislation on the 1st October 2008.  This legislation requires all residential rental properties to have a valid EPC, before going on the market.

Fire Safety
Landlords must ensure that smoke alarms are fitted on every floor. It is recommended that you ensure tenants are provided with adequate means to control or put out a small fire. This should include a fire blanket and fire extinguisher.

Furnished Accommodation
The Furniture and Furnishings Fire Safety Regulations 1988 apply to upholstered furniture and furnishings contained in the letting of furnished accommodation. Not only is furniture and furnishings included but also permanent and loose covers, children’s cots and playpens, beds and mattresses, pillows and cushions. Furniture meeting the requirements should bear permanent labels unless the furniture was manufactured prior to 1950.

Tax
As a Landlord you are liable to pay tax on any profit generated from letting your property. If you are a resident abroad, any tax owing on the rental income would be deducted by your agent and submitted to the Inland Revenue on your behalf. UK residents are responsible for their own tax matters.

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