Legal Matters
The Tenancy Agreement
This is a legally binding contract between the landlord and the tenant of a property containing the responsibilities and conditions of both parties. Alan Francis will prepare a tenancy agreement to meet the needs of the owner, ensuring the requirements of the Housing Act 1988 are followed.
The Furniture and Furnishings (Fire)(Safety) Regulations 1988 (Amended 1989 and 1993)
It is your choice whether you provide furnished or unfurnished accommodation. However, you must ensure that all furniture complies with the Furniture and Furnishings (Fire) (Safety) Regulations 1988. Failure to comply with these Regulations is a criminal offence and could result in a fine and/or imprisonment. The Regulations apply to any furniture that is upholstered including: beds, headboards of beds and mattresses; three piece suites, arm chairs and sofas; sofa beds, futons and other convertibles; nursery and children's furniture; loose, stretch and fitted covers for furniture; garden furniture which is suitable for use within the dwelling; scatter cushions and seat pads; pillows; and extra or replacement furniture purchased for rented accommodation. Under these regulations all furniture supplied with let properties must comply with the ignitability, cigarette and match tests. Furniture must be clearly labelled with the specified information.
Gas Safety (Installation and Use) Regulations 1998
The Gas Safety (Installation and Use) Regulations 1998 specifically deal with the installation, maintenance and use of gas appliances, fittings and flues in domestic and certain commercial premises. Please see the "Guide to Landlords' Duties" for full details
Electrical Safety - The Landlord and Tenant Act 1985
Apart from the Landlord's Common Law duty of care, the Landlord & Tenant Act 1985 (and several other statutory regulations) requires that the electrical equipment is safe at the start of every tenancy and maintained in a safe condition throughout the tenancy. Although there is no statutory obligation requiring the landlord to obtain a safety certificate for the permanent electrical installation, it is our recommendation that one is carried out. It is considered best practice to have a Qualified Electrician check all the electrical installations in your property regularly offering protection to both the landlord and the tenant. This can be organised by Alan Francis if requested.
Deposit Protection Scheme
All deposits are registered under one of the three government approved schemes. This ensures that money paid by tenants (as deposits) is kept safe. The attached link (via Directgov) provides further information.
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120
Should you require further information or advice, please do not hesitate to contact one of our Consultants.
