Requirements when letting a residential property

Wednesday, January 25, 2012

Health & Safety Duties

Under current law, it is the responsibility of the landlord to provide a safe environment for their tenants to live in, with regards to gas, electrical appliances and furnishings etcetera. If the landlord fails to meet the safety requirements, fines up to £5000 can be imposed or can even be given custodial sentences if an injury or death occurs as a result of failing to comply with the current provisions of the law.

Tenancy Deposit Scheme

This is a very important scheme which is designed to protect the tenant’s deposit. The scheme came into force in 2007 and requires the landlord to pay the tenancy deposits in to any of the following schemes:

 A nominated account which belongs to the system administrator

 An insurance protected scheme (landlord takes out insurance to safeguard tenants deposit)

Failure to adhere with the above requirements will mean that the landlord loses the power to gain possession of the property by giving two months notice contrary to Section 21 of the Housing Act 1988; a further penalty can be enforced, whereby the court can order the landlord to reimburse the amount equivalent to three times the deposit.