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Landlord Responsibilities

As a landlord you have a duty of care to anyone living in your property and of course, there are certain responsibilities to which you must adhere by law. Most of these refer to safety regulations to ensure that your tenants may enjoy the property without risk or health hazards. An additional requirement now focuses on protecting your tenants' deposits (see below)

Gas and Electrical Safety

A gas safety check must be carried out by a "Gas Safe" registered plumber with a gas safety certificate being issued before the property is occupied. At Masseys, we would be happy to arrange this for you.

You must ensure that the boiler and any electrical appliance in the property are in good working order, ensuring that there is hot water and heating. As a landlord, you must not use or permit a gas appliance to be used if at any time you know or have reason to suspect the following:

  1. There is an insufficient supply of air for the appliance(s) for proper combustion
  2. The removal of the products of combustion from the appliance(s) cannot safely be carried out
  3. The room in which the appliance is situated is not adequately ventilated
  4. That any gas is escaping from the appliance(s) or any connection gas fitting
  5. That the appliance is so faulty or maladjusted that it cannot be used without danger

Only companies or individuals who are approved by the health and safety executive. This means gas board or "Gas Safe" registered companies or individuals approved for work on a residential property.

There are strict penalties for non-compliance: failure to comply with these regulations may lead to a prosecution, a criminal record, imprisonment or fines of up to £25,000.

Furnishings

If the property is furnished, the furniture must comply with the Furnishings Fire Safety Regulations of 1988.

The Furniture and Furnishings (Fire Safety Amended) Regulations apply to:

  1. All upholstery and upholstered furniture containing foam filling, such as: beds, mattresses, headboards and pillows, sofas, armchairs cushions, beanbags, stools, children's beds, chairs and prams, convertible furniture and kit form furniture.
  2. All outdoor furniture containing foam filling that may be suitable for use inside the home.
  3. All loose fitting, permanent or loose covers and any fabrics supplied to provide or replace a particular exclusions are carpets and curtains. Generally, most furniture manufactured since 1983 will probably comply.

Keys

You will need to provide adequate sets of keys prior to the beginning of the tenancy ‑ in general, one full set per adult, as well as one full access set of keys for Massey Property Services. This enables easy access for maintenance work and inspections during the tenancy period.

Non Resident Landlords

If a landlord is resident abroad and we are managing the property, we must deduct tax at the basic rate from the net amount of rent collected monthly. In April 1996 a new scheme was introduced by the Inland Revenue which allows a non-resident to apply for an exemption certificate which would mean that all rents could be paid direct to the Landlord free of any tax deduction. You must contact the Inland Revenue directly for more assistance:

Centre for Non- Residents
Unit 362, St Johns House
Merton Road
Bootle
Merseyside
L69 9BB

Tel.0152 472 6208 / 6209 within UK.
+ 44 151 472 6208 / 6209 outside UK.

Ask for leaflets IR140 & IR150 & form NRL1.

Should a landlord who is resident abroad not employ a managing agent the responsibility to pay the tax falls with the tenant (if no exemption certificate is obtained) who must deduct tax at the basic rate before paying the rent and pay it over to the Inland Revenue. If the property is jointly owned, both, (ALL) owners must apply individually for exemption certificates.

Tenancy Deposit Scheme

The Tenancy Deposit Scheme is a government-authorised initiative that enables landlords and letting agents in England and Wales to take and hold a deposit for the duration of the tenancy, thus protecting them.

From April 2007 we will no longer be able to offer the Introduction Only Service unless a landlord can show proof that they have joined a Tenancy Deposit Scheme.

For more information please refer to

The Dispute Service
PO Box 541
Amersham
Bucks
HP6 6ZR

0845 226 7837

Email: deposits@tds.gb.com
www.tds.gb.com

Houses in Multiple Occupation

We will advise you if the property requires a license. If it does, you will need to provide us with a copy of a license issued by the local Council.

Any questions? Feel free to contact us and we'd be happy to help.