You may have seen recent reports detailing how one of the most prominent estate agents in the UK had left its landlords open to fines of between £9million and £30million in the last few days.
This is because they allegedly failed to send some paperwork to their tenants when their tenancy started.
This has had many Bath landlords picking up the phone to me to ensure they are compliant with their Bath rental property. So, what should every Bath landlord consider to ensure they are compliant and won’t be fined?
To start, there are nearly 170 pieces of legislation to comply with; these are some important ones that Bath landlords should consider.
Registering your Bath tenant’s deposit
Every Bath landlord (or their agent) needs to register the tenant’s deposit. It is believed that one in six tenants’ deposits are not registered, leaving the landlord (not the agent) liable to a fine three times the amount of the deposit, plus making it very difficult to evict them.
When your Bath tenant pays their deposit, it has to be protected in one of the government-approved schemes within 30 days.
Yet even if you do register the deposit, you must also give your tenant proof of being in the scheme. That must include information on which of the three schemes (The Deposit Protection Service, MyDeposits or the Tenancy Deposit Scheme) protects their deposit and how your tenant can get their deposit back at the end of the tenancy.
Gas Safety Certificates
Every Bath landlord must offer a safe rental home for their tenants. Every Bath rental property must have an annual Gas Safety Certificate. The certificate, issued by a qualified and registered Gas Safe engineer, is only valid for 12 months. All certificates must be retained for 24 months, and give your tenant a copy of the existing certificate.
EPC for your Bath rental property
The Energy Performance Certificate (EPC) is just like the colour-coded energy rating diagrams you see on fridges and washing machines, albeit it’s for your rental property. If you don’t have an EPC, you can’t rent your property. Also, since this summer, rental properties have had to achieve a minimum energy efficiency rating of ‘E’. If your property doesn’t meet this requirement, you’ll be unable to rent it out (although there are a handful of exemptions). Again, you also must give your tenant a copy of the up-to-date EPC certificate.
Right to rent checks
Every Bath landlord can only let their property to a tenant who has the legal right to rent in the UK. You have the legal responsibility of checking the prospective tenant’s identification and confirming that the tenant is legally in the British Isles. If you let your property to someone in the UK illegally, you might face a substantial fine.
Anything else Bath landlords should be aware of?
How about…
- Smoke alarms
- Licensing
- Health and Safety
- Client Money Protection
- Homes (Fitness for Human Habitation) Act 2018
- Fire safety risk assessment
- Legionella risk appraisal
- Electrical Safety checks
That’s just the tip of the iceberg. The list goes on…
As you can see, there are many things a Bath landlord must consider when it comes to being legal. Yet, apart from a logistical nuisance there are actual financial penalties involved if you do not observe with all your landlord obligations.
Final Thought for all Bath Landlords
Bath landlords can make sure they are fully compliant by having a free Bath Landlord Compliance Health Check with us at Reside. We can, within a couple of days, give you peace of mind that you are compliant, be you a landlord that manages your own Bath property or even with another agent (because being with one of the most prominent estate agents in the UK was not a guarantee the landlords would be safe from prosecution).
Call me, Toby Martin, on 01225 445777, and let’s have a no-obligation chat. What have you got to lose, versus you potentially losing thousands of pounds… the choice is yours!
Reside is an award-winning independent letting agent in Bath. Please get in touch if you would like to discuss any aspect of letting or managing your property; we would love to hear from you.
Toby holds a Level 3 ARLA Propertymark qualification and runs the 'engine room' at Reside, making sure that properties are perfectly-presented and that they are let quickly at a good rent. When not working, Toby is happiest when enjoying a day's cricket.
