Legal Considerations

It is now necessary for a landlord to make sure that if a tenant is over 18 yrs. age, all their documents are in place that prove their right to live in the UK and copies of these documents, must be taken.

Many of the legal requirements are to do with appliances and safety in the property. Before a tenant can take residence in a rental property, there must be an Energy Performance Certificate (EPC) in place. A copy of this certificate must be given to the tenant, too.

A Fire Safety Order risk assessment is necessary before a tenant can move into a property. This applies to bedsits and when there are several flats in a property. It also applies to a hostel but not to shared houses or rental in a single dwelling.

Alarms are necessary in a rental property, not only for detecting smoke, but where solid fuel appliances are in situ, for detecting carbon monoxide too.

If a landlord have several people sharing a property, as in a multi-occupied property, not only must the correct licensing be in place, such as an HMO licence but also 5 yearly electrical safety checks may be required from a regulated Electrician.

Landlords must also check that any electrical appliances left in the property to be used by a tenant are safe. At present it is not a legal requirement for them to be PAT (portable appliance test) if they are freestanding, but they still need checking for safety. If however, the tenant is an employee of a landlord’s business then a PAT will be required and the Pat pass certification must be shown on the appliances.

There is a legal duty for landlords to assess the risk of exposure to Legionella Bacteria but it is not necessary to provide a Legionnaire’s certificate of testing. (see Health & Safety Executive information) it is below at present.

A certified ‘Gas Safety Registered’ engineer must carry out a yearly safety certification check if there are gas appliances in the property. The copy of this certificate must then be given to the tenant.

There may be times when a landlord does not feel his tenant is keeping to the tenancy agreement. Even if a tenant’s rent is in arrears or they break the terms of their agreement, he or she cannot be evicted or harassed. A Court Possession Order is needed from the Court which must then be enforced by the Court Bailiff.

The importance of these responsibilities must never be underestimated and something Bear Lettings Agents take very seriously.

2016 Legionella Information

The following info is from the Health and Safety Executive:-

The legal duty for landlords who provide residential accommodation to consider, assess and control the risks of exposure to Legionella to their tenants is not new. This requirement stems from the Control of Substances Hazardous to Health Regulations 1989; Section 3(2) of the Health and Safety at Work Act 1974 makes provision for the legislation to apply to landlords of both business and domestic premises. All water systems require an assessment of the risk which they can carry out themselves if they are competent, or employ somebody who is.

In most residential settings, a simple assessment may show that the risks are low and no further action may be necessary. (An example of a typical lower risk situation may be found in a small building (eg housing unit) with small domestic-type water systems, where daily water usage is inevitable and sufficient to turn over the entire system; where cold water is directly from a wholesome mains supply (no stored water tanks); where hot water is fed from instantaneous heaters or low volume water heaters (supplying outlets at 50 °C); and where the only outlets are toilets and wash hand basins). If the assessment shows the risks are low and are being properly managed, no further action is needed but it is important to review the assessment regularly in case anything changes in the system.

Simple control measures can help control the risk of exposure to legionella such as:

flushing out the system prior to letting the property.
avoiding debris getting into the system (eg ensure the cold water tanks, where fitted, have a tight fitting lid).
setting control parameters (eg setting the temperature of the calorifier to ensure water is stored at 60°C).
make sure any redundant pipework identified is removed.

Tenants should be advised of any control measures put in place that should be maintained eg not to adjust the temperature setting of the calorifier, to regularly clean showerheads and to inform the landlord if the hot water is not heating properly or there are any other problems with the system so that appropriate action can be taken. If there are difficulties gaining access to occupied housing units, appropriate checks can be made by carrying out inspections of the water system, for example, when undertaking mandatory visits such as gas safety checks or routine maintenance visits.

Where showers are installed, these have the means of creating and dispersing water droplets which may be inhaled causing a foreseeable risk of exposure to legionella. However, if used regularly (as in the majority of most domestic settings) the risks are reduced but in any case, tenants should be advised to regularly clean and disinfect showerheads. Instantaneous electric showers pose less of a risk as they are generally coldwater-fed and heat only small volumes of water during operation.

It is important that water is not allowed to stagnate within the water system and so there should be careful management of dwellings that are vacant for extended periods (eg student accommodation left empty over the summer vacation). As a general principle, outlets on hot and cold water systems should be used at least once a week to maintain a degree of water flow and minimise the chances if stagnation. To manage the risks during non-occupancy, consideration should be given to implementing a suitable flushing regime or other measures such as draining the system if it is to remain vacant for long periods.