As a landlord, you often perform a wide range of tasks from accounting and marketing, to repair and maintenance. To be effective in the property letting industry, you have to be focused, driven and able to maintain that level of focus for long periods of time. This can often lead to overlooking a new health and safety regulation which would make you non-compliant and could lead to a fine.
If you are concerned with landlord compliance issues, or you want to understand the fines for non-compliance, keep reading for some helpful information that will make rental property compliance easy to understand and manage.
Landlord Compliance Checklist
Although the Landlord Compliance Checklist is very long, we will do our best to cover some of the important aspects of it and give you a brief look at each.
Right to Rent- landlords should only rent their properties to those who are a British citizen, or EEA or Swiss national, or has a ‘right to rent’ in the UK.
Landlord Licence- depending on location, you might be required to have a Landlord licence before you can rent your property. What is required for a landlord licence?
- A valid gas safety certificate, if gas is supplied to the house
- Electrical appliances and furniture (supplied under the tenancy) must be in a safe condition
- Smoke alarms must be in proper working order
- The tenant must be supplied with a written statement of the terms of occupation
- References must be demanded from persons wishing to occupy the house
Tenancy Deposit Protection- your tenant’s deposit must be secured in one of the three Tenancy Deposit Protection schemes that has been approved by the government.
Fire Safety, Housing Act 2004- your property must be safe and comply with all building regulations.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015- rental properties are required to have at least one smoke alarm installed on every floor being used as living accommodation.
Repairs & Maintenance- Section 11, Landlord and Tenant Act 1985- you are required to keep your property in good repair, keep water, gas, electricity and sanitation lines in good working condition and ensure that space heating and water heating installations are in good repair.
Fines For Non-Compliance
Now let’s take a look at the top 5 fines that landlords could face for non-compliance:
Landlord Electrical Safety And Fire Safety Standards- landlords are obligated to keep their properties safe and free from health hazards. The fines for not doing so are unlimited and you could receive a jail term.
Landlord Illegally Converting Houses Into Flats- planning permission is automatically required when changing the use of the property from any of the three legal residence types. These are houses, flats, and houses in multiple occupation (HMOs).
Landlord Breaching Houses In Multiple Occupation (HMO) Rules- the multiple occupation (HMO) rules state that “a property is a house in multiple occupation if at least three tenants live there, forming more than one household. A property is a large house in multiple occupations if it’s three storeys high, at least five tenants live there.”
Landlord Illegal Tenant Eviction- there are certain steps a landlord must take to evict a tenant and if these steps are not followed, the landlord will become non-compliant and face fines or a jail term. The steps to legal eviction are:
- You need to give your tenant at least two months’ written notice of eviction.
- You need to get a court order for them to leave the property and only a bailiff can evict your tenant, providing they have a warrant from the court.
Landlord HMO And Safety Offences- there are certain multiple occupation obligations a landlord must meet and, while these can vary from council to council, adhering to safety standards and basic living conditions is important. Non-compliance with this rule could lead to a serious fine.
If you are unsure about what you need to comply with rental property health and safety regulations, you should contact an expert. Let’s Shield is experienced in helping landlords, letting agents and property management professionals understand the complex regulations that the industry places upon us.
An annual membership to Let’s Shield guarantees you:
- 24/7 Access To The Reports And System
- On-Line And Off-Line Functionality
- Report Distribution To Tenants
- Remedial Works Identified And Listed
- Reminders Of Any Outstanding Assessments
Contact Let’s Shield
To learn more about landlord compliance in a rental property, fines for non-compliance and how Let’s Shield can help you, contact Let’s Shield today!
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