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Consequences |
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| Gas safety certificate |
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Under the GAS safety (Installation and Use) Regulations 1998 all gas appliances must be checked on an annual basis by a competent engineer (e.g. a registered gas installer). |
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The penalty for non-compliance is 6 months imprisonment and/or a £5,000 fine |
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| Electrical safety - portable appliance testing & user manuals |
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The Low Voltage Electrical Regulations 1989 and The Electrical Equipment (Safety) Regulations 1994 cover this area. The main thrust of the regulation is that all electrical equipment supplied must be safe, made in line with safety measures and must meet safety objectives |
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Although not compulsory the landlord is responsible for the safety of his tenants. If an accident were to occur the landlord would be culpable and would have to provide some evidence of due diligence in regard to safety. |
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| Smoke detectors |
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Covered by the Smoke Detector Act 1991. Compulsory installations for new buildings since 1991. Advisable for buildings before this date. |
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Again if an accident were to occur the landlord would be culpable and would have to provide some evidence of due diligence in regard to safety. |
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| Survey of soft furnishings |
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The furniture and furnishings (Fire) (Safety) Regulations 1988 & 1993 were introduced to protect furnished goods against fire. Under these regulations all upholstered furniture must be fire resistant. This is usually determined by labelling. |
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The penalty for non-compliance is 6 months imprisonment and/or a £5,000 fine |
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| Tenancy deposit schemes |
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The regulations relating to this are contained under the Housing Act 2004. From 6 April 2007, all deposits taken by landlords and letting agents under Assured Short hold Tenancies (ASTs) in England and Wales must be protected by a tenancy deposit protection scheme. |
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The consequences for failure to comply with the regulations are severe. As well as returning the deposit to the tenant the landlord will be instructed to pay compensation to the tenant equal to three times the amount of the deposit. |
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| Energy performance certificate (EPC) |
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The need for an EPC comes from the European Directive on the Energy Performance of Buildings. All new lettings require an EPC. If you recently bought a property a certificate should be in the HIP (Home Information Pack). If not then one can be obtained for a modest fee and it will be valid for 10 years. |
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The penalty for non-compliance is £200 but note that this is policed by the local trading standards office. If you fail to certificate one of your properties they will check the others and the £200 fine applies to each breach. |
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