Property Landlords, Tenants and Prosecution
Property Owners, Tenants and Prosecution
Hey, Are you a property owner?
Is that’s the last news you want to hear?
Charline,
Private Landlord,
Tick Tick Check Inventory Company London
I don’t mean to scare the crap out of you (kinda’) But…
Every day ever more new and experienced landlords are getting prosecuted across the whole nation for failing to meet all legal responsibilities and obligations. Property inventory owners literally having to pay thousands of pounds in housing penalties. It’s scary matter. Well, not for me, because I’m fully compliant. But it’s scary for those who aren’t.
Is that YOU?
The fact is, tenants have become smarter. They are becoming more educated, more aware of their rights, especially since they’re getting support from national charities like Shelter (the housing charity). Essentially, prosecuting landlords has become easy money for housing tenants, especially when it comes down to disputes over property inventory condition in the end of tenancy.
So why wouldn’t renters do that?
Sadly, many housing landlords don’t know what their legal responsibilities and obligations are. That’s a serious problem, which might lead to unpleasant circumstances. Not only it can be an expensive mistake, but also an extremely dangerous one.
To make matters worse, even letting agents, the people so many landlords rely on for guidance, are often unaware (or intentionally neglectful) of the legal responsibilities and obligation required for a rental property pro. But the bottom line is, it’s the landlord’s sole responsibility to ensure a game by the rules.
No one else will.
New laws are often introduced, and if you’re not keeping your ear to the ground, you could find yourself blissfully unaware of your failings to comply with the latest regulations. Needless to say, ignorance of the law is can not be an excuse and won’t get a housing landlord, nor a property renter out of a simple dispute over the inventory schedule of condition in cases when a property inventory inspection is not present.
So today, I just want to quickly give you a run-down of the main legal regulations, that all residential landlords in England should comply with (in no particular order).
1) Housing Gas Safety
All gas work in your rental property must be undertaken by a “Gas Safe” registered engineer- this is a required qualification.
An inspection of all gas appliances that is provided with in the property by the home owner go trough a landlord inventory annually by a Gas Safe Registered Engineer. After inspection a warranted Gas Safety. Certificate will be issued for proof of inspection. These certificates cost around £70.
2) Realty Electrical Safety
Every electrical appliance supplied by the landlord must be safe to use; the electrical installation in the house must be completely safe. Unlike the Gas Safety regulations, there is no requirement for the equipment to undergo any safety testing.
3) Property Inventory and Tenancy Deposit Protection
This is where thousands of landlords are currently getting caught out and consequently paying thousands in penalties. The lack of an independent property inventory inspection at the start of a tenancy or lease can be crucial in case of disputes over the schedule of condition. It is highly advisable to perform a tenancy check in and a property check out of property inventory in the end and start of rent.
Landlords must secure their tenants deposits into one of three government approved Tenancy Deposit Protection (TDP) schemes. Not only that, but the landlord must provide ‘Prescribed Information’ to the tenant, which consists of information about where the deposit is secured, among several other details. It is essential that you protect your tenant’s deposit into a scheme!
4) Energy Performance Certificate (EPC’s)
Landlords must provide an Energy Performance Certificate to all new and prospective tenants. The certificate shows the energy efficiency levels of all property inventory. These are obtainable by independent Energy Performance Certificates providers. They cost approximately £70 and each certificate will last your housing for 10 years, unless major renovation work is carried out on the rental property itself.
5) Taxation of Income
Remember, this is a profiteering business! So, despite popular belief, landlords are required to pay tax on their housing income and gain.
HMRC have been aggressively chasing down tax-dodging landlords for the last few years, and they’re increasingly getting more serious with the crackdown.
So if you haven’t been declaring your rental income, I wouldn’t hold out any longer. They are coming for you!
6) Landlord License
This is a newly introduced scheme that’s been applied to selective areas, based on low demand for housing and significant or persistent anti-social behaviour problems. In these specific areas, the landlord will need to apply for a ‘landlord licence’ before they can let their property. Failing to do so can result in punishable fines of up to £20,000.
To qualify for a licence, a landlord must be able to demonstrate that they are acting within the law and taking appropriate steps to manage their properties. If you’re unsure if your property is in a landlord license zone, you can call your local council or speak to local letting agents.
I’ve just covered a few of the main regulations ALL landlords should be complying with. If you’ve gone through the list, and you’re unsure you haven’t complied with them all, I would recommend addressing those issues immediately!
I hope this has been helpful/educational, and even encouraged some of you to get on the right side of the law!