Gas Safety (Installation and Use) Regulations 1998
The Landlord is legally obliged to have all gas appliances inspected annually by a GAS SAFE registered engineer and a report provided to the Tenant and/or displayed at the Property. The Landlord will warrant to Empire Estates that these regulations have and will continue to be fully complied with.
The Furniture and Furnishings (Fire) (Safety) Regulations 1998
The Landlord has a legal obligation to ensure that all furniture in the property to be let and included in the letting, provided or added during the Tenancy fully comply with the requirements of the Consumer Protection Act 1987 and all statutory instruments made under it including in particular the Furniture (Fire) (Safety) Regulations 1988 as amended by the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989 and 1993.
The Electrical Equipment (Safety) Regulations 1994
The Landlord is required to ensure the safety of electrical appliances, plugs sockets and wiring in the Property and the electrical supply is ‘safe’ and will not cause ‘danger’ and complies with all statutory requirements.
The Taxes Act 1988 and the Taxation of Income from the Land (Non Residents) Regulations 1995
You are responsible for notifying the Revenue of the tenancy, if the Landlord of the property resides abroad, the Revenue will hold us, as your Agents, responsible for the payment of any Tax liability which arises on rents collected by us on your behalf, unless an Approval Certificate is provided by the Revenue pursuant to the Finance Act 1995. Accordingly if the Landlord is resident abroad it will be necessary for us to deduct monies at the appropriate rate and hold such an amount until either an Approval Certificate has been received or until these monies are forwarded to the Revenue which we are now obliged to do on quarterly basis. In this event we will not be liable for any refunds and you will have to liaise directly with the Inspector of Taxes directly. If the Landlord at present lives within the UK but subsequently moves abroad, it will be necessary for us to commence this deduction from the time the Landlord leaves this country.
Landlord and Tenant Act 1987
If your address is outside England and Wales, then We must provide an address within England and Wales to which notices (including Notices in proceedings), may be served to you. Unless otherwise instructed, if your address is outside England and Wales, we will use the address of Empire Estates. Although we will use our best endeavours to forward any notices to you, we will not accept liability for any loss or damage incurred either directly or indirectly from our actions in this respect.
Property Mis-description Act 1991
It is the Landlord(s) responsibility to check the website description of his/her property and notify Empire Estates of any amendments required. The Landlord(s) shall indemnify Empire Estates, its proprietors, directors, employees or agents, against any claim made in respect of the property or any mis-description herein that arise entirely or partially out of the act or default of the Landlord(s).
Energy Performance Certificate (EPC)
It is the Landlord(s) responsibility to ensure that they have an energy performance engineer, carry out an EPC at the property. All residential properties with a tenancy commencing from the 1st October 2008 will need to have an EPC. Empire Estates advises its Landlords that they are at risk of being fined if a valid EPC is not accessible at all times and request a copy to be kept on file. Empire Estates can have EPCs’ arranged with an approved engineer.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
A relevant landlord in respect of a specified tenancy must ensure that when the premises are occupied under the tenancy a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation, and that a carbon monoxide alarm must be equipped in any room of the premises which contains a solid fuel burning combustion appliance. Checks are to be made to ensure that all fire alarms and carbon monoxide alarms are in proper working order on the day the tenancy begins. These Regulations impose duties on certain landlords of residential premises in respect of smoke
and carbon monoxide alarms. Where a local housing authority is satisfied that a landlord on whom it has served a remedial notice is in breach of the regulation, the authority may require the landlord to pay a penalty charge up to £5,000.
Landlord Licensing Scheme
Mandatory Licensing Scheme
It is a legal requirement that Houses in Multiple Occupation (HMO's) of three or more storeys occupied by five or more people, making up two or more households must be licensed under the Government's national Mandatory Licensing Scheme.
The purpose of the scheme is to:
- ensure that HMOs are run by good landlords who comply with all the necessary regulations and are 'fit and proper'
- ensure that minimum standards of repair and amenity are reached and maintained in HM
- ensure that each HMO is suitable for occupation by the number of people allowed under the licence, eliminating overcrowding.
Additional Licensing Scheme
From 1 January 2015 it is a legal requirement that all privately rented properties in Brent occupied by three or more people, making up two or more households require a property licence regardless of the number of storeys in the property.
Selective Licensing Scheme
As from the 1st June 2018 Brent Council have extended property licensing and all landlords who have properties in Harlesden, Wembley Central, Willesden Green, Dudden Hill, Kensal Green, Kilburn, Mapesbury and Queen's Park electoral wards will be required to have a 'Selective' property licence.
Selective licensing operates in the same way as mandatory licensing and has the same legal status and penalties for non-compliance.
We are able to provide an assisted service for a nominal fee of £30.00 per application. This will enable you to make an application by coming into our Offices (by appointment), or alternatively we can help you to complete and submit the application form online.
For more information or advice please contact Brent council at prs.licensing@brent.gov.uk or 020 8937 2384/2385.
