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Legal Requirements

Legal Requirements

There are severe penalties imposed for non compliance of regulations. Cardiff Lettings are able to offer services to help meet your legal requirements.

Gas Safety

Gas Safety (Installation and Use) Regulations 1998 

Landlords have a duty to ensure that all gas appliances, fittings and flues are installed and maintained in a safe condition.

  • Gas appliances should be serviced in accordance with the manufacturer’s instructions, or annually unless advised otherwise by a Gas Safe registered engineer
  • An annual safety check must be carried out on each gas appliance/flue, within one year before the start date of any new lease and within 12 months of the date of any new installations
  • A record of each safety check must be kept for at least two years
  • All installation, maintenance and safety checks must be carried out by a Gas Safe registered engineer
  • A copy of the latest gas safety record must be issued to existing tenants within 28 days of the check being completed, or to any new tenant before they move in

For advice visit www.legislation.gov.uk and www.hse.gov.uk/gas

Cardiff Estates & Lettings can arrange for a Gas Safe registered engineer to service gas appliances and carry out safety checks as required. Please contact us for further information and costs, or submit your request now

Energy Performance

Energy Performance of Buildings (Certificates and Inspections) Regulations 2007 

There is a legal requirement to have a valid Energy Performance Certificate (EPC) for any rental accommodation before it can be marketed to let. This document details the findings of an energy performance assessment, providing a breakdown of the energy efficiency of a property.

  • This applies to all properties marketed from 1st October 2008
  • The assessment must be undertaken by a member of an accredited scheme authorised by the Government
  • The Energy Performance Certificate lasts 10 years

For advice visit www.legislation.gov.uk and www.communities.gov.uk

Cardiff Estates & Lettings have a qualified assessor who can undertake energy performance assessments at a competitive rate. If you require an EPC for your property, please contact us for further information and costs, or submit your request now

Electrical Safety

Electrical Equipment (Safety) Regulations 1994 

Landlords have a duty to ensure that all electrical equipment and installations within their rented property are safe by carrying out preventative maintenance. In order to full fill this duty of care, it is recommended that all portable appliances are checked / tested regularly. Although there is no specific legal requirement for a qualified electrician to carry out an electrical inspection, it is strongly recommended that an inspection of the electrical installation is carried out periodically by a competent person to prevent any serious danger.

  • There should be an appropriate system of visual inspection for signs of damage, faults or misuse of electrical appliances, including plugs & sockets
  • Portable Appliance Testing (PAT) is recommended annually where necessary
  • It is recommended that fixed installations are inspected / tested periodically (every 5 years) by a competent person

For advice visit www.legislation.gov.uk

Cardiff Estates & Lettings can provide advice and arrange for a qualified electrician to carry out an electrical inspection and periodic testing of appliances. Please contact us for further information and costs, or submit your request now

Furniture & Furnishings

Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended 1989/1993)

Some materials used to fill, or cover furniture, particularly older and second hand furniture may be a fire risk and often produces poisonous gases when burning, such as cyanide or carbon monoxide. To comply with the regulations, furniture and furnishings supplied in rental accommodation must have the appropriate fire safety label attached, or the landlord must have proof in the form of purchase receipts to show that the furniture was manufactured to the correct standards.

  • You should be extremely careful when purchasing furniture to make absolutely sure it meets the fire resistance standards
  • The regulations apply to upholstery and upholstered furniture including beds, mattresses, pillows, sofas, cushions etc

For advice visit www.legislation.gov.uk and www.firesafe.org.uk

Cardiff Estates & Lettings provide a competitive furnishing service. Please contact us for further information and costs, or submit your request now

Houses in Multiple Occupation

Housing Act 2004 

A House in Multiple Occupation (HMO) is defined in the Housing Act 2004. HMO mandatory licensing was introduced in April 2006 as a mechanism for controlling, managing and improving standards in certain types of private rented accommodation.

  • A mandatory license is required for a HMO with 3 or more storeys, occupied by 5 or more persons from more than one household
  • A HMO must meet standards for kitchen and bathroom amenities and fire precautions
  • An additional licensing scheme applies to all HMO in the Cathays area of Cardiff from 1st July 2010

For advice visit www.legislation.gov.uk and www.cardiff.gov.uk/privaterent 

In order to market a HMO, Cardiff Estates & Lettings will need a copy of your license, or proof from the council that you are in the process of applying for one. Cardiff Estates & Lettings can arrange for any work to be carried out to bring your property to the required HMO standard. Please contact us for further information and costs, or submit your request now

Smoke Alarms

Building Regulations 2010 

Properties built since June 1992 must be fitted with mains operated interlinked smoke detectors/alarms with at least one detector per floor level.

  • It is advisable to have at the very least battery operated smoke detectors/alarms in older property
  • It is also a requirement for all Houses in Multiple Occupation (HMO) to have a mains operated interlinked smoke alarm system
  • All smoke detectors/alarms should be fitted by a qualified electrician and tested regularly

For advice visit www.legislation.gov.uk 

Cardiff Estates & Lettings can provide advice and arrange for qualified electricians to install smoke alarm systems. Please contact us for further information and costs, or submit your request now

Repairs

Landlords and Tenants Act 1985

Landlords are required to keep internal installations, the structure and exterior of their rental property in good repair.

  • The landlord is responsible to maintain installations for the supply of water, gas, electricity, sanitation, space heating and heating water
  • The landlord would be required to repair any external structural problems to the roof, the guttering, drains, exterior pipes, exterior walls, windows and doors

For advice visit www.legislation.gov.uk 

Cardiff Lettings have a range of contractors to carry out any necessary repairs or maintenance. Please contact us for further information and costs, or submit your request now

Overseas Landlords

Taxes Management Act 1970

The Non-Resident Landlords (NRL) Scheme is a scheme for taxing the UK rental income of non-resident landlords. These are landlords who have UK rental income & a 'usual place of abode' outside the UK.

*NB HMRC normally regard an absence from the UK of six months or more as meaning that a person has a usual place of abode outside the UK. It is therefore possible for a person to be resident in the UK yet, for the purposes of the scheme, to have a usual place of abode outside the UK.

  • UK letting agents must tax rental income paid to non-resident landlords unless HMRC has told them not to
  • In calculating the amount to tax, any 'deductible expenses' paid are taken into account
  • Non-resident landlords can apply to HMRC to receive their UK rental income with no tax deducted
  • Even if the rent may be paid with no tax deducted, it remains liable to UK tax. So non-resident landlords must include it in any tax return HMRC sends them

For advice visit www.hmrc.gov.uk/nonresidents 

Cardiff Estates & Lettings is registered to operate the NRL Scheme. For us to rent your property you must confirm the correct names and residence of all owners of the property. If you or any other owner meets the criteria for a non-resident landlord and do not already have approval, we the agents will deduct basic rate tax from any rent received and forward this tax to HMRC quarterly. You may apply to HMRC for approval, which will permit us to pay any future rent with no tax deducted. You may then be able to apply for a refund of the tax deducted. Please contact us for further information, or submit your request now

Tenancy Deposit Protection

Housing Act 2004

All landlords and letting agents renting property under an Assured Shorthold Tenancy from 6 April 2007 in England and Wales are required by law to hold deposits under a Government-authorised Tenancy Deposit Protection Scheme.

  • This scheme enables tenants to get all or part of their deposit back from their landlord or letting agent providing they are entitled to it
  • Assured Tenancies and company lettings are not covered by the Tenancy Deposit Protection Scheme

For advice visit www.direct.gov.uk/tenancydeposit

Cardiff Estates & Lettings, as members of the National Approved Letting Scheme (NALS), can secure deposits with The Dispute Service (TDS), which is an insurance based scheme. Please contact us for further information, or submit your request now