Electrical Installation Condition Reports (New Legislation)
From the 1st July 2020 all new tenancies in private rented sector will be required to have an Electrical Installation Condition Report (EICR). From the 1st April 2021 this requirement will extend to all existing tenancies.
Landlord Responsibilities
The landlord is responsible for repairs to the structure and exterior of the building:
– the roof, windows, doors, drains, gutters, baths, sinks, toilets, heating and hot water, damp and general building repairs.
The landlord is also responsible for ensuring that the property meets minimum health and safety standard.
The law says that gas appliances must be properly installed and maintained to avoid the risk of carbon monoxide poisoning. Gas appliances include central heating systems, heaters, fires, cookers and gas pipework and flues. These appliances must be checked every 12 months by a Gas Safe registered installer.
Tenant Responsibilities
The tenant must do minor jobs, like replacing fuses, or clearing a blocked sink. Tenants or their visitors should not damage the property and may be responsible to repair damage that they have caused.
Tenants are usually responsible for internal painting and decorating (unless otherwise stated on your tenancy agreement). Tenants should dispose of household rubbish including old furniture etc.
Property Disrepair
If you have disrepairs and the property is in a poor condition you should first contact your landlord or managing agent and ask them to carry out any repairs to the property. The landlord or managing agent should then inspect the property and complete the repairs in a reasonable timescale.
If the landlord or managing agent refuses, or does not carry out the works in an agreed time period you may contact the Council’s Housing Enforcement Team for further advice.
The Council will then contact the landlord to request that the repairs are completed informally. If there repairs are not completed, the Council will complete an inspection of the property under the Housing Health and Safety Rating System (HHSRS).
HHSRS
The HHSRS is a risk assessment which is used to identify housing related hazards that could affect the health and safety of any occupier or visitor to a property.
There are 29 different hazards that are assessed and these include damp and mould growth, excess cold, falls on stairs, fire safety, and electrical safety.
Once the inspection has been completed we will write to the landlord advising them about hazards we found during our inspection and ask them to carry out any necessary repair works. Please note that as a result of our inspection, if the disrepairs are assessed to be a low risk to the health and safety of a tenant then we can only recommend to the landlord that these repairs are completed.
If the landlord does not carry out the works in a reasonable timescale then the Council will consider formal enforcement action. This may result in a legal notice being served that requires the repairs to be carried out within a set timescale. If the landlord does not comply with the notice then the Council may carry out the works and recover costs from the landlord.
HMRC
HM Revenues & Customs provide a Business E-tool for information to landlords on current HMRC issues. Please see the link below which is a mini tutorial for landlords.The bite size modules will explain to landlords:
- When and how property letting starts and what to do
- The various types of property income –furnished, unfurnished, holiday lets, Rent –a Room ,the Non Resident Landlord Scheme –and how they are taxed
- The correct treatment of income and expenditure both revenue and capital
- Tips on record keeping
- Property disposal, Capital Gains and Inheritance Tax
- Tax return, filing and paying dates –and when and how
- filing and paying dates –and when and how
- PAYE and VAT obligations
http://www.hmrc.gov.uk/courses/syob2/letting/index.htm
There are also ‘webinars’ available on the HMRC website that are pre-recorded presentations on information relating to property income and HMRC, but also more general subjects.
You can view the pre-recorded webinar “Your property income and HMRC “ at http://www.hmrc.gov.uk/webinars/self-employed.htm#16
Redress scheme for managing and letting agents
New legislation has come in for managing and letting agents. Burnley Council has produced a fact sheet explaining the new responsibilities, and giving helpful advice. It is available as a download by clicking here or on the ‘infomation on October 2014 legislation’ document on the right.