The Gas Safety (Installation and Use) Regulations 1998 came into force on 31st October 1998 consolidating the three previous sets of regulations and making some additional changes. The regulations contain a number of general provisions relating to the supply and installation of gas appliances and equipment, but there are specific provisions relating to Landlords. Who must comply?

Any Landlord letting property on a lease of less than seven years must comply with the regulations. This will include assured and assured shorthold tenancies, and regulated tenancies both for a fixed period and periodic. The regulations apply to gas appliances owned by the Landlord and any gas appliance or installation pipe work which directly, or indirectly, serve the property. The regulations initially came into force in October 1994 but have been strengthened by amendments in April and October, 1996 and finally by the consolidation in 1998.

What are the requirements?

• The Landlord must ensure that any gas fittings and flues which serve the gas fittings of tenanted premises must be maintained in a safe condition.
• Every appliance and flue must be checked for safety within twelve months of installation, and afterwards at intervals of not less than twelve months since the last safety check.
• All work carried out to gas fittings or any safety checks must be done by a suitably qualified installer, currently a CORGI registered installer.
• Landlords must keep records for a period of two years from the date of each check and must make available upon request the original record or a copy of it.
• Landlords must give every new tenant at the commencement of the tenancy a copy of the last available record of the safety check.
• If the safety check is renewed during the period of the tenancy the Landlord must give every tenant a copy of the safety record within twenty eight days of the safety check being due to be carried out.
• Any room occupied for sleeping accommodation must not contain a gas fitting unless it is a room sealed appliance.
• The Landlord should ensure that instructions are available at the premises for all gas appliances and fittings.

Ventilation
All gas appliances require adequate ventilation in order to ensure correct working and safety. The Landlord must ensure that adequate ventilation is provided at the property and that care has been taken not to block any ventilation duct.
What action is required?

• Ensure instruction books are available at the property for all gas appliances.
• Get all gas appliances checked by a Corgi registered installer prior to letting the property.
• Keep all records of the annual maintenance inspections and of any remedial or other work carried out to the appliances.
• Make sure that the annual inspection check is carried out on an annual basis and that the appliances and ventilation are reviewed regularly to make sure that they are in good working order.

What happens if I fail to comply?
The maximum penalty for non compliance with the regulations is £5,000 and/or six months imprisonment. However, the Landlord should be aware that if there is a fatality he may face prosecution for manslaughter.

The Electrical Equipment Safety Regulations and the Plugs and Sockets Safety Regulations require that all electrical appliances supplied must be safe. This will include an appropriately fixed and fitted plug on the appliance. The equipment should either have instructions shown on the appliance or should have an instruction book supplied. Unlike the Gas Safety Regulations there is no legal requirement to have the electrical appliances checked on an annual basis. However, in order to comply with the regulations it is imperative that the Landlord has appropriate checks and safe guards carried out.
What are the legal requirements?

• All the appliances supplied in a property after 1st January 1997 must be marked with the appropriate CE symbol.
• Safety - all electrical appliances must be safe. This applies to items of both alternate and direct current which means the Landlord will have to ensure that such appliances as kettles, toasters, irons and television sets are safe as well as fixed appliances such as electric cookers and immersion heaters. Safety includes the lead.
• Instruction books - manufactures' instruction manuals should be provided for each appliance supplied at the premises. The instructions can either be shown on the appliance, or an instruction book can be supplied. This will help to ensure the safety of the tenant.
• Plugs - all plugs must have a safety sheath, be fitted with the correct fuse and appropriately fitted and fixed to the appliance.

What happens if I fail to comply?
The maximum penalty for non compliance with the regulations £5,000 and /or three months imprisonment if there is a risk of fire to the property or injury or death to an animal. If the risk is to the life of a human being, the penalty may be up to twelve months imprisonment.

What should be tested?
The Landlord should have all portable and fixed electrical appliances at the property tested. The regulations apply to any electrical equipment between 50 and 1000 volts A.C and 75 and 1500 Volts D.C. This will include:

• Kettle
• Toaster
• Iron
• Television Set
• Electrical Cooker
• Immersion Heater
• Wall mounted Electric Heaters

The Landlord also has a statutory duty to maintain the mains wiring to the property. It is recommended that the mains wiring is checked prior to the initial tenancy and again at least every five years in a domestic environment.

What should I do?
The Landlord should arrange to have a safety check carried out by a suitably qualified tradesperson prior to the commencement of the first tenancy and annually thereafter. Fixed installations should also be checked for safety prior to a tenancy commencing and then at five to ten yearly intervals thereafter.
Records should be kept of all appliances tested and checks carried out. Any remedial work carried out to appliances should also be noted.
Leads on appliances such as irons, toasters and kettles should be checked regularly as worn or frayed leads can be dangerous. Any defective lead should be replaced immediately, or the appliance should be renewed.
All electrical appliances must be supplied with a correctly fused plug fitted to it.
The plugs should be tested prior to the commencement of a tenancy to ensure that no dangerous fuses have been used during the period of the tenancy.
Instruction books should be supplied for all electrical appliances at the premises if the instructions are not already shown on the appliance.

The Regulations concerning furniture in rented property have been tightened to apply to all accommodation available in the residential lettings market, as from 1st January 1997. Landlord's letting residential property must ensure that all of their furniture is "fire resistant" to comply with the regulations, otherwise they will be committing a criminal offence. The penalty for this offence is a fine of up to £5,000 and/or six months imprisonment.
What does fire resistant mean?
"Fire resistant" means that the furniture must pass the "ignitability test" as well as the "cigarette test" and the "match test". This means that all suitable furniture must have:

• Covers which cannot be set alight by applying a lighted match to them
• Covers which do not ignite if a smouldering cigarette is applied
• Filling materials which pass an ignitability test
• Permanent labelling proving that the item complies with the regulations

The filling must comply with the regulations as well as the covers, because it is the toxic fumes from the filings, which are the cause of death.
Any furniture manufactured prior to 1st January 1950 need not comply with the regulations, as the toxic substances were not used in manufacture prior to that date. Period or antique furniture is therefore exempt. What furniture must comply?
All upholstered furniture must comply with the regulations. These include:

• Three piece suites, armchairs and sofas
• Beds, headboards, mattresses, divans and bed bases
• Sofa beds, futons and other convertible furniture
• Nursery and children's furniture
• Loose, stretch and fitted covers for furniture
• Scatter cushions and seat pads
• Pillows
• Garden furniture suitable for use in a dwelling

The regulations do not apply to:

• Bed clothes including duvets
• Loose covers for mattresses
• Carpets or curtains
• Furniture manufactured before 1st January 1950

How can the Landlord tell the furniture complies?
The correct method of displaying compliance is to check that a permanent label is present on all items of furniture. This will apply to new or second hand furniture. Landlords should always check that an item of furniture has a permanent label before making a purchase, beds and padded bases rarely cover a label, but if the item complies with BS7177, it should meet the required standard.
The trading standards department can give guidance, in case of doubt.
Can the Regulations be avoided?
No! It is an offence to either:

• Give the furniture to the tenant
• Sell the furniture to the tenant
• Obtain an indemnity from the tenant that they do not mind the furniture does not comply
• To store the furniture so that the tenant can put it back in the premises
• To leave the items off the inventory inferring that they do not exist

What action should the Landlord take?

• Do not buy or provide any furniture for a residential letting that does not comply with the regulations. Check that all items carry a permanent label.
• Keep all receipts and invoices denoting purchase and if a label becomes detached keep it in a safe place in case it is necessary to prove to the agent, the tenant, or other party that the furniture did comply with the regulations.
• Ensure that the permanent labels are noted on the inventory.

Further Information
Should you require further information regarding the Gas, Electric or Furniture and Furnishings (Fire) Safety Regulations we recommend you approach:

• The Lettings Agent
• Trading Standards Office
• Environment Health Office
• Health and Safety Executive
• The Gas Safety action line which can be contacted on 0800 300 363
• Obtain a copy of the Guide to the Furniture and Furnishings (Fire Safety) Regulations published by the department of trade and industry.

The above guides are intended to provide a summary of the regulations to the Landlord, it is not an authoritative interpretation of the regulations, which is a matter for the courts.

• Sub Letting
  In the case of Leasehold properties, it is essential that the intended let is permitted within the head lease, that the period of the let does not exceed beyond the termination of your head lease and that your Lessor's written permission to let is obtained, as well as notifying us of any head lease obligations that may be requested to be added to our tenancy agreement.
• Mortgages
  Where the property to be let is subject to a mortgage, permission is normally required from the mortgagees to let the property unfurnished/furnished. Obtain your mortgagee's permission to let (if required) in writing, at the earliest date rather than applying for this when a tenant is found. Most mortgages enable the lender to withhold permission without providing a reason. A copy of the mortgagee's permission to let your property must be forwarded to David Andrew Lettings prior to the commencement of any tenancy.
• Fees
  For information on the charges for our Tenant Finding, Tenant Finding & Rent Collection and Full Management Services, please contact us on Highbury lettings 0207 354 9111 or Archway lettings 0207 619 3750 .
• The Rent
  Unless otherwise agreed, the rent quoted to a tenant by us on your behalf must be inclusive of all outgoings for which you are responsible (ground rent, service charges, etc.) with the exception of gas, electricity, the telephone service and fuel oil where there is an independent oil fired heating system, the Council Tax and water rates.
• Inventories and Schedule of Condition
  Inventory Clerks are not employed by us. We can, however, if required, instruct established independent firms to act on your behalf. While care will be taken in giving instructions to Inventory Clerks, we cannot accept liability for any error or omission on their part. The charges for the preparation of the inventory and the check out at the end of the tenancy, are payable by the Landlord. The cost of the check in, at the start of the tenancy, is payable by the Landlord. Unless we are fully managing the property, any dilapidations claim must be negotiated directly between the Landlord and Tenant.
• Tenancy Agreement and Charges
  Unless we are instructed otherwise, we use our standard form of Tenancy Agreement in respect of all unfurnished/furnished lettings. Landlords who use their own solicitors to prepare an agreement must be responsible for their solicitor’s fees. The Tenant will be advised of the responsibility to pay the Stamp Duty Land Tax for the agreement within 30 days of the tenancy commencing, if the rent is in excess of £60,000 for the period.
• Rent Remittances
  Present banking arrangements are such that it is necessary for us to allow approximately fourteen days for rent cheques to be cleared and five days for standing orders before transferring monies to clients' accounts. No rent will be payable to you until we hold cleared funds from the tenant.
• Insurance Make certain that the property and contents are adequately insured and that you have informed your insurance company of your intention to let, as many household policies do not cover unfurnished/furnished lettings.
  We have details of buildings, contents and legal protection policies currently on the market, which can be provided on request.
• Furnished/ Refurbishment
  We can, under certain circumstances, deal with either partial or total furnishing/refurbishment of properties. If we undertake to supervise this work a fee of 15% plus VAT of the total cost of the work will be charged by us.
• Rent Collection
  Once a tenant has been found for the property, we can, if agreed, arrange to collect the rent on your behalf. Please refer to Part 3.
• Deposit
  All deposits are held by ourselves, as agents of the landlord throughout the tenancy. Once damages have been agreed and copies of all receipted final invoices have been checked, the balance of the deposit will be returned to the tenant. In addition to the letting service, we can provide a Management Service at the extra charge to include the following;
• Outgoings
  We pay current outgoings such as rent, water rates, insurance premiums and any service charge and/or maintenance charge or similar contribution to shared expenses and account to you regularly. Although we shall do our best to query any obvious discrepancies, it must be understood that we are entitled to accept and pay, without question, demands and accounts which appear to be in order. In particular, we cannot accept responsibility for the adequacy of any insurance cover or for the verification of service/maintenance charge demands or estimates where applicable.
• Repairs and Replacements
  We shall deal, without any additional fee, with day to day management matters, including minor repairs up to a maximum of £150.00 for any one item. An additional supervisory fee of 10% plus VAT of the total cost is charged for supervising any major works requested by yourselves. If any damage is caused by the negligence or failure of tradesmen specified by the Landlord, we, the agent, will not be held responsible.
• Inspection and Defects
  Our management will include investigation of defects, which come to our notice or are clearly and adequately brought to our attention by the tenant. We inspect the property at our discretion. It should be appreciated that any such inspection can extend only to apparent and obvious defects and would not amount in any way to a structural survey of the property. We cannot accept responsibility for hidden or latent defects.
• Tenancy Changes
  In the event of there being a change of tenancy during our management, we deal with the preparation of the property for the new tenant.
• Terms of Management Appointment
  Except in cases where you intend to re occupy the accommodation and where special arrangements are made, our appoint is for an agreed initial period of six months and thereafter subject to three months written notice to terminate on either side. The Landlord agrees that he appoints us or our assignees as his agent in connection with the agent's functions under this agreement and the tenancy agreement to be entered into, and authorises us (without any obligation to do so) to enter the premises and take all reasonable steps with regard to our appointment as agent.
• Void Periods
  Our management function does not include the supervision of the property when it is not let, although, in the normal course of letting, periodic visits may be made to the accommodation by our lettings staff. It also does not include any period before the property is let. However, if you wish us to visit your property during a void period we will gladly do so at a charge of £25.00 plus VAT per month, payable in advance.
  Should the tenancy end and a replacement tenant is not found immediately, all utility bills and any outstanding tradesman bills will be put back into the Landlords name and forwarded to his address. We regret the necessity to do this, but as we will not be holding any funds, we will not be in a position to make these payments.
• Instruction to Solicitors
  You will be informed of any rent arrears or breaches of covenant brought to our attention. However, if it is necessary for a solicitor to take action, you will be responsible for instructing your own solicitor and for all fees involved.
• Taxation of the Landlord
  Where the Landlord of the unfurnished/furnished property has a normal place of abode outside the UK the Commissioners for the Inland Revenue will hold us, as your agents, responsible for the payment of any tax liability which arises on rents collected by us on your behalf, unless you have obtained an approval number. If you do not hold a certificate and you are resident abroad, it will be necessary for us to deduct income tax at the prevailing rate of the gross rent less allowable expenses and to pay such sums over to the Inspector of Taxes on a quarterly basis. Similarly, if you at present live within the UK but subsequently move abroad, it will be necessary for us to commence this deduction from the time you leave this country unless you obtain an approval number.
  The eventual liability for tax may be less than the amount we have retained and paid to the Inland Revenue, and we suggest that you employ accountants or other tax advisers to complete tax forms to obtain an approval number for both yourself and your spouse (if relevant), and to agree your assessment each year with the Inspector of Taxes.
  We regret the necessity to make such deductions but you will appreciate that we have no alternative in view of our responsibility to meet the tax liability on your behalf if you have not obtained an approval number.
  If you as Landlord are resident in the UK, you should declare your residential lettings income to the Inland Revenue annually as it is assessable for income tax.
  All Landlords must keep records relating to the ownership of a rental property, including details of rent received and expenditure. If we collect the rent, you will receive monthly statements and copies of bills paid. If instructed in writing, we will also send copies to your accountant each month at an additional charge of £3.00 per set (this covers the invoice, statement and copy bills) plus VAT.
• Statutory Applications
  Applications for market rent appearances before the Rent Assessment Committee or any other Court or Tribunal will be by special arrangement only and will form the subject of an additional charge, being £75.00 per hour.
• Purchase by Party Introduced by Us
  In the event of a party introduced by us (or any person or body corporate associated with that party) subsequently purchasing the premises, whether before or after entering a tenancy agreement, commission shall be payable to us on completion of the sale at the rate of 1.25% of the sale price, plus V.A.T. at the standard rate.
• Sale of premises to a Third Party
  If the Landlord sells the property to a third party and the tenant introduced by ourselves remains in occupation the Landlord will be liable for all our fees until the tenant vacates the property.
• Indemnities
  The Landlord agrees to indemnify us as agents against any costs, expenses or liabilities incurred or imposed on us provided that they were incurred on his behalf in pursuit of our normal duties.
• Furniture Regulations
  Under the Furniture and Furnishings (Safety) (Amendment) Regulations 1993 the Landlord has the obligation to ensure that all furniture in properties being rented for the first time, or any new or additional furniture being put in a property already rented out, must comply with the furniture regulations by displaying a label stating that they are fire resistant. If items of furniture do not comply with the furniture regulations, the Landlord must either change the items of furniture or authorise ourselves as agents to either replace or remove the items before any tenancy commences. Instructions to let a property available for rental will only be accepted if all furniture complies with the regulations. Failure to comply can result in prosecution. We would also add that non compliant furniture must not be stored in a garage, in a locked room or stored in the loft. Should a tenancy proceed and we subsequently find non compliant furniture on the premises, we reserve the right to remove and dispose of these effects at the Landlord's expense.
• Flag Board
  The Landlord agrees that the agent can place a 'To Let' and/or 'Let By' flag board at their own expense outside the property, provided this complies with the local authority regulations.
• Electric and Gas Appliances Regulations
  Under the Electrical Equipment (Safety) (Amendment) Regulations 1994 and the Gas Safety (Installation and Use) Regulations 1998, all low voltage electric appliances and all gas appliances must be checked by professional tradesmen and all items marked with the date and time of testing to comply with Government Regulations. The Landlord must carry out such tests annually or they will be carried out by the agent at the Landlord's expense prior to the rental of the property and on an annual basis thereafter, the costs being deductible from the rent. All appliances must have instruction books left at the property. Failure to comply with the Regulations can result in prosecution. Our administration charge for arranging these tests will be charged at £15.00 per contractor instructed, plus VAT.
• Post Re Direction
  We ask that Landlords arrange to have their post re directed prior to vacating the property. You can arrange this by collecting a form from the Post Office. If this is not done and the tenants forward the post to our offices and we in turn have to forward the post to you, we will deduct an administration fee of £1.00 per letter sent from the rent received.
• Keys
  We require three full sets of keys if we are to be managing the property, two sets for Tenant Finding and Rent Collection. If these are not supplied, extra sets will be cut at the Landlords expense.
• Decoration
  For a property to be considered in good repair, it is generally recommended that redecoration should be carried out professionally every 8 years externally and every 5 years internally.
  We do not recommend and our tenancy agreement does not allow for tenants to redecorate the property themselves.
• Furniture Storage
  No items should really be left stored in the property and we would strongly recommend that you do not do this. However, if you choose to leave such items these will not be added to the inventory and the tenants and ourselves will not be held responsible for any damaged or missing items. If you choose to leave items in the loft (which again, we do not recommend), then this should be padlocked and the agent notified.
• Copy Documents
  Should you require any copy documents to be sent in addition to those we have already sent you i.e.; inventory, check in and schedule of condition etc.... then there will be a charge made of twenty pence per photocopy, plus postage costs.
• Commissions and Interest
  Any commissions, interest or other income earned by ourselves while carrying out our duties as agent for the letting and/or management of the property will be retained by the company.
• Alteration of Terms
  The agent reserves the right to alter terms and conditions of business by giving the landlord not less than three months notice in writing of the changes. At the end of the three months the new terms will apply.
• Value Added Tax
  Except where otherwise stated, our fees and any other charges, which we may make, will be subject to VAT at the appropriate rate.
• Money Laundering
  In order to comply with the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2003, we require you to provide us with one proof of identity (eg, full valid passport or new form of driving licence with photograph), and one proof of residence (eg, council tax or utility bill). Please note, we will require sight of the original documents, in order to take a photocopy. If you are a Company, we will require a certified copy of the Certificate of Incorporation. In addition we need proof of identity and residence of two of the directors.

CHECK LIST

• Obtain Mortgagees Consent
• Obtain Freeholders Consent (if leasehold property)
• Inform Insurance Company (Building & Contents)
• Gas Safety Check & Certificate
• Electrical Safety Check & Certificate
• Ensure Furniture & Furnishings Comply
• Leave Instruction Manuals for all appliances at property
• Ensure Property & Garden left in clean & tidy condition
• Arrange for Post to be Re directed

Will you be letting out a property in England and Wales on or after 6 April 2007? From 6th April all new tenancy deposits must be protected in a government-authorised scheme. This new rule applies if the tenancy is an assured shorthold tenancy.
The Government wants to make sure tenants’ deposits are protected so that:

• Tenants get all or part of their deposit back, when they are entitled to it
• Any disputes between tenants and landlords or agents will be easier to resolve
• Tenants are encouraged to look after the property they are renting

Assured Shorthold Tenancies Most tenancy agreements for self-contained residential property since 1997 are assured shorthold tenancies. With an assured shorthold tenancy, the tenant usually has the right to stay in the property for at least six months, although a landlord or agent can agree a longer stay.
At the end of the tenancy, following adequate written notice, a landlord or agent can seek possession of the property. If a landlord or agent needs to seek possession earlier than this, they can only do so for one of the reasons specified in the Housing Act 1988. A tenant who refuses to leave cannot be evicted without a court possession order.
A landlord or agent will lose their automatic right to regain possession of the property at the end of the tenancy unless they have protected the deposit in a scheme and given the tenant information about how it is protected.

How does it work? Here’s our simple step-by-step guide…

Moving in
At the beginning of a new tenancy agreement, the tenant pays the deposit to the landlord or agent as usual, who must ensure it is protected.
There are three schemes to choose from. There is a single custodial scheme, where the money is held by the scheme until the end of the tenancy.
The custodial scheme is free to use. The landlord or agent simply puts the deposit into the scheme at the beginning of the tenancy. There are two insurance-based schemes that insure the deposit.
Under the insurance-based schemes the landlord or agent keeps the deposit, and pays a fee to the scheme to insure against their failure to repay money due to the tenant.
Within 14 days of taking the deposit, the landlord or agent must provide the tenant with details of how the deposit is being protected including:

• The contact details of the tenancy deposit scheme selected
• The landlord or agent’s contact details
• How to apply for the release of the deposit
• Information explaining the purpose of the deposit
• What to do if there is a dispute about the deposit

Tenants also have a responsibility to return the property in the same condition they took it on. To reduce the likelihood of disputes it is recommended that the following actions are taken before signing the tenancy agreement:

• Agree a detailed list of contents (furniture and fittings)
• Record the condition of the property and its content (photographs are a good idea)
• Agree expectations of cleaning and wear and tear at the end of the tenancy
• Understand the circumstances in which the landlord or agent could have a claim on the deposit

Moving out
At the end of tenancy, the condition and contents of the property should be checked against the tenancy agreement. The landlord or agent should agree with the tenant how much of the deposit will be returned. The agreed amount should be received by the tenant within 10 days.
Scheme providers There are three government-authorised tenancy deposit schemes offering tenancy deposit protection. Landlords and agents should find out about these schemes and their legal obligations before taking a tenancy deposit.
There is one custodial scheme:
The Deposit Protection Service www.depositprotection.com 0870 707 1 707
and two insurance-based schemes:
Tenancy Deposit Solutions Ltd www.mydeposits.co.uk  info@mydeposits.co.uk
The Tenancy Deposit Scheme www.tds.gb.com 0845 226 7837
Resolving disputes If no agreement can be reached about how much of the deposit should be returned, there will be a free service, offered by the scheme protecting the deposit, to help resolve disputes. The disputed part of the deposit will be held by the scheme until the dispute is resolved.
What happens if you don’t secure a tenant’s deposit? The tenant can apply to the local county court. The court can order the landlord or agent to either repay the deposit to the tenant or protect it in a scheme. If the landlord or agent has not protected the deposit, and they fail to do so within 14 days, they will be ordered to pay the tenant three times the amount of the deposit.