Landlord Regulations 2024
We take the responsibility of ensuring our Landlords are compliant very seriously.
We've collated the latest lettings regulations to help keep you up-to-date and compliant.
We will update this summary as regulations change. If you have any questions or concerns, get in touch with your local office. Our teams will be very happy to help even if you're not an Ocean Landlord.
Fire, Heating and Gas
Just like employers, landlords have certain legal obligations when it comes to fire safety and protection of their properties and the safety of people who reside in their premises.
Landlords have legal obligations to fire safety and protection and the safety of people who reside in their premises. It is not as simple as ensuring there is a couple of fire extinguishers to hand – fire safety largely depends on the potential risks and the different types of buildings can cause confusion.
Legislation requires that landlords carry out fire risk assessments in all areas of their properties. This process will identify any fire hazards and who is at risk and decide if anything needs to be done to remove or reduce that risk. dsfire.gov.uk
Gas Safety (Installation & Use) Regulations
You have a mandatory legal requirement to make sure that there is an “in-date” Gas Safety Certificate for the property. This certificate must be carried out by a Gas Safe registered engineer and is repeated annually for as long as the property is let.
The certificate must be made available to the tenants before or at the point of signing the tenancy agreement. For any reason, if there is not a valid certificate when a tenancy is in place and an occupant died from a faulty gas appliance/equipment, then a conviction of unlawful killing could be made against you. hse.gov.uk
The Electrical Equipment (Safety) Regulations
All electrical appliances that are left in the let property, have to be safe. We recommend that you get all appliances checked annually by a qualified engineer who will give you a PAT (Portable Appliance Test) certificate. All appliances manufactured after January 1995 should carry the CE symbol. hse.gov.uk/electricity
Periodic Inspection Report (P.I.R.)
Landlords are required by law to ensure: That the electrical installation in a rented property is safe when tenants move in. That the electrical installation is maintained in a safe condition as long as the tenants are there.
Regulations apply from 1 July 2020, to all new tenancies beginning on or after 1 June 2020, and to existing tenancies from 1 April 2021 that - a qualified person conducts a P.I.R. and issues an E.I.C.R. and every 5 years thereafter.
Electrical Installation Condition Report (E.I.C.R)
An up-to-date EICR will ensure you are fulfilling your legal responsibilities as described above, and cover you in the event of an electrical accident, it may also be a condition of your landlord insurance.
What is an EICR?
An electrical installation condition report is used to identify defects, deterioration, damages and/or conditions which may indicate potential danger, as well as providing recommendations for improvement within a given property. The Landlord’s Electrical Safety Certificate is also accepted as a valid EICR.
What Will the EICR Report Show?
Inspectors will use the following classifications to indicate where a landlord must undertake remedial work:
Code 1 (C1): Danger present. Risk of injury. The electrical inspector may make any C1 hazards safe before leaving the property.
Code 2 (C2): Potentially dangerous. Further Investigation (FI) is required without delay.
Code 3 (C3): Improvement recommended. Further remedial work is not required for the report to be deemed satisfactory.
When Do You Need an EICR?
With wear and age, electrical installations will degrade over time and potentially become a risk for a building’s inhabitants.
According to the Institution of Engineering and Technology (IET) Wiring Regulation BS 7671, which is the UK standard for electrical installations, the following is recommended:
Landlords – An EICH test should be conducted every 5 years, when there is a change of tenancy, or a new property is purchased to let.
Homeowners – An EICR test should be conducted every 10 years, unless the property has a swimming pool, then tests should be conducted every year.
Business Owners – An EICR test should be conducted every 5 years.
Who can Conduct an EICR?
Only a qualified electrician can conduct and issue an EICR report.
How much does an EICR Cost?
EICR rates are not fixed. Generally, cost will change depending on -
Location – while prices are competitive throughout the UK, anywhere without a local electrician will incur higher call-out rates.
Property age – Older properties tend to be more difficult to maintain, requiring longer and more extensive testing.
Property size – Larger properties naturally take longer to test, potentially prolonging an investigation.
Inspection duration – Additional actions or remedial works can incur higher expenses.
Please note: If you rent your property to 3 or more people from 2 or more households (families) then it is a legal requirement in line with Bristol City Council legislation.
The Furniture and Furnishing (Fire) (Safety) (Amendment) Regulations
The regulation applies to beds, head & footboards, mattresses, sofas, pillows, scatter cushions, loose covers for furniture, and garden furniture suitable for use in a dwelling.
All furniture (except furniture made before 1950) included within the accommodation that is for let has to meet all the current fire resistance requirements. All furnishings must have the appropriate labelling to indicate compliance. If no labelling is present and compliance is in doubt, checks should be made with the manufacturer. It is the owners' responsibility to check this. firesafe.org.uk
The Smoke and Carbon Monoxide Alarm (England) Regulations
Landlords have a legal obligation to provide at least one smoke alarm on every story of their properties. Also, a carbon monoxide alarm will need to be fitted, you'll need to ensure:
- At least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015.
- A carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers)
- Smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.
Landlords are also required to demonstrate that the alarms were working at the start of the tenancy, so it is advisable to get the tenant to sign a receipt confirming the smoke and carbon monoxide alarms are working or ensure it’s in the inventory at check-in which is signed by the tenant. Should the alarms become faulty during the tenancy landlords are responsible for replacing them. legislation.gov.uk
The legislation states that any damage deposit taken on an Assured Shorthold Tenancy needs to be held in Government approved schemes. And EPCs are provided.
The legislation states that any damage deposit taken on an Assured Shorthold Tenancy needs to be held in 1 of 3 Government approved schemes. These are The Deposit Protection Service (The DPS), The Tenancy Deposit Scheme (TDS), or Tenancy Deposit Solutions Ltd (TDSL).
Failure on your part to oblige by the legal regulations could lead to court proceedings issued by the tenant. The Court will action an order stating that you must reimburse the Deposit to the Tenant or lodge it with the custodial scheme. In addition, a further order will be issued requiring you to compensate the tenant with an amount equal to three times the deposit.
Failure to comply with the above will result in your inability to serve a Section 21 Notification on your tenant and the court will not grant you a possession order. gov.uk
Landlords offering property for rent will be required by law to provide prospective tenants with an Energy Performance Certificate for their property.
EPCs will have to be provided free either when (or before) any written information about the property is provided to prospective tenants or a viewing is conducted. A new certificate will not be required on each let since EPCs will be valid for 10 years. gov.uk
Minimum Energy Efficiency Standards (MEES) for private rental.
If your property has an energy rating of either 'F' or 'G', new government regulations mean that you will not be able to grant a tenancy agreement or allow a periodic tenancy to be created unless you are exempt. MEES Fact sheet
If you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.
Private landlords must understand the requirements under the Housing Act 2004 in relation to the HHSRS, ensure the safety of their tenants, and pass local authority risk assessments.
Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All man-made hot and cold water systems are likely to provide an environment where Legionella can grow. Where conditions are favorable then the bacteria may multiply thus increasing the risk of exposure.
The practical and proportionate application of health and safety law to landlords of domestic rental properties is that whilst there is a duty to assess the risk from exposure to Legionella to ensure the safety of their tenants, implementing simple, proportionate, and appropriate control measures will ensure the risk remains low. gov.uk
The housing health and safety rating system (HHSRS) is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. It was introduced under the Housing Act 2004 and applies to residential properties in England and Wales. This assessment method focuses on the hazards that are present in housing. Tackling these hazards will make housing healthier and safer to live in.
Private landlords must understand the requirements under the Housing Act 2004 in relation to the HHSRS and help them identify the type of work that is needed on their properties to conform with the HHSRS, ensure the safety of their tenants, and pass local authority risk assessments should they be evaluated. gov.uk
Why not let us take care of everything?
With the penalties for non-compliance getting harsher and legislation getting more complex, the easiest way to get peace of mind is to let us take care of everything for you.
Along with managing the property and looking after your tenants, our highly trained, ARLA-qualified property management team ensures you are always kept up to date with legal requirements, provides solutions, and arranges specialist contractors.
With our Complete Management service you can sit back, relax and leave it all to us.
Transparent landlord fees
We're always totally transparent about our fees – we’re open and straightforward about what we charge for our services.
But if anything isn’t 100% clear, or if you have any questions, do get in touch. We’d be very happy to hear from you.