Fire & Safety Regulations
The following information is intended only as a
guide for Landlords and should in no way constitute a detailed
interpretation of the complete Regulations. Whilst the Regulations
might appear onerous they are designed to ensure the safety
of the property and tenants whilst a let is being executed.
Gas Safety
Gas Safety (Installation and
Use) Regulations 1998
Click Here To Zoom In On This Image These cover all
gas appliances, flues, meters and associated pipe
work and require Landlords to ensure appliances remain
safe at all times and are checked and certified at
least once every 12 months. A record of checks carried
out by a Corgi registered engineer must be kept. Instruction
booklets must be provided for each appliance supplied.
Such is the importance of this Regulation that Winchester
Lettings reserve the right to arrange for an annual
Gas safety check of the property, at the Landlords
expense, should the obligatory Safety Certificate
not be available.
"From 1 April 2009, landlords should check that
anyone carrying work on gas appliances or flues is
registered under the new Gas Safe Register. CORGI
registration will no longer carry any statutory force.
There is no grace period.
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In the residential sector, as well as a breach of the Building
Regulations 2000, residential landlords (including those in
the social housing sector) will breach Regulation 36 of the
Gas Safety (Installation and Use) Regulations 1998 if their
regular gas appliance checks are carried out by a person who
is not registered on the Gas Safe Register.
Fire Safety
Furniture and Furnishings (Fire)
(Safety) Regulations 1988 Amendment Regulations 1989
and 1993
Click Here To Zoom In On This Image This act covers
all upholstery and upholstered furniture supplied
by the Landlord in a rented property, including: beds,
footstools, pillows, headboards, mattresses, beanbags,
sofa beds, futons etc. Furniture manufactured between
1950 and 1990 cannot be supplied to a tenant unless
if has been professionally re-upholstered with conforming
materials, fire retardant spray treatment is not acceptable
by the DTI as it is ineffective in affording protection
to foam fittings.
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Electrical Safety
The Electrical Equipment (Safety)
Regulations 1994 & Part P of Building Regulations
January 2005
Click Here To Zoom In On This Image These Regulations
apply to all persons, who in the course of business,
let accommodation which contains electrical equipment.
If Landlords are supplying the electrical installation
and any connected appliances it is essential that
they are compliant. Trading Standards are concerned
a Landlord must be able to demonstrate that electrical
appliances are safe before the property is let.
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Should any piece of electrical equipment have a fault, which
results in injury or fatality the person responsible for supplying
the equipment could be prosecuted. Therefore, Winchester Lettings
recommend annual checks of all electrical appliances by professionals.
Energy Performance
Energy Performance Certificates
An Energy Performance Certificate is required when
a building is constructed, sold or rented out. An
EPC is valid for 10 years, except for sales of homes
which are subject to the Home Information Pack Regulations
2007, where a Home Information Pack (HIP) is required.
In these cases an EPC must be no more than 12 months
old when the property is first marketed. A landlord
is responsible for ensuring that a valid EPC for their
buy-to-let residential investment property is available
to all prospective tenants from the 1st October 2008.
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The EPC and recommendation report must be made available
free of charge by a landlord to a prospective tenant at
the earliest opportunity and no later than when any written
information about the building is provided in response to
a request for information received from the prospective
tenant; or when a viewing is conducted; or if neither of
those occur, before entering into a contract to rent.
Landlords or letting agents that don’t have a valid
EPC risk being reported to the Local Trading Standards and
also the Office of Fair Trading. Penalties include fines
of up to £5000 and loss of the right to operate.
What we provide
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How can Winchester Lettings help?
The great news is we have embraced all the aforementioned
regulations and we can now prepare a complete a market
leading property safety pack, which will include a
Gas Landlords Safety Certificate, Portable Electrical
Appliances test for four appliances, and an energy
performance certificate.
Winchester Lettings hold full details about all Regulations
and Landlords are advised to seek further guidance
from us. Failure to comply with these regulations
may constitute a criminal offence under the Consumer
Protection Act 1987. Landlords should note that the
maximum penalty for non-compliance with these regulations
is a fine of £5,000 or 6 months imprisonment.
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