Wentworth Estates106 Ilford Lane, Ilford, Essex. IG1 2LD
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Property Regulations
Making the property safe for tenants
Landlords must ensure that their property is safe for letting. Wentworth Estates will provide details of the relevant regulations and will explain the regulations. We will also help you determine any action that needs to be taken to make your property safe for tenants. Safety legislation is regularly updated however the following regulations apply:Landlord and Tenant Act 1985 (as amended)
All properties procured and managed by Wentworth Estates must comply with all of the duties, covenants and responsibilities as set out in Section 11 of the Landlord and Tenant Act 1985 (as amended). These responsibilities must be adhered to throughout the term of the management agreement. This includes (but is not limited to) putting and keeping in repair the structure and exterior of the property, putting and keeping repair and proper working order the installations within the property for supply of water, gas, electricity, sanitation and heating as well as for communal areas. Installations associated with the units and the buildings.Decent Homes Standard
The Decent Homes Standard is a measure of general housing conditions introduced by the Government in 2000. It is Wentworth Estates policy that all properties must meet and maintain the Decent Homes Standard.A decent home is one that meets all of the following four criteria;
- Meets the current statutory minimum standard for housing. The property must be free of all Category 1 hazards under the Housing Health and Safety Rating System (see below HHSRS).
- In a reasonable state of repair. It would fail if:
- One or more key building components are old.
- Because of their condition, a repair or replacement is needed.
- Two or more other building components are old and because of their condition, would need either repair or replacing.
- Has reasonable modern facilities and services. It would fail here if it lacks three or more of the following facilities:
- a kitchen which is less than 20 years old.
- a kitchen with adequate space and layout.
- a bathroom which is less than 30 years old.
- appropriately located bathroom and WC.
- adequate external noise insulation.
- adequate size and layout of common entrance areas for blocks of flats.
- Providing a reasonable degree of thermal comfort. The property must have both efficient heating and effective insulation.
Housing Health and Safety Rating System (HHSRS)
The Housing Health and Safety Rating System (HHSRS) is the key method used to assess housing conditions. The Housing Act 2004 Part 1 establishes the HHSRS as the current statutory assessment criterion for housing and it is based on the principle that:
The system applies to all dwellings including owner occupied, privately rented, temporary accommodation, Council and Housing Association dwellings. The HHSRS is not a standard, that the property must meet, as was the case with the previous fitness standard, but it is a system to assess the likely risk of harm that could occur from any ‘deficiency' associated with a dwelling. The key criteria they must decide for each hazard under the HHSRS is what is:
- the likelihood of an occurrence e.g. falling down stairs, electrocution etc that could result in harm to a member of the vulnerable group, and
- the range of potential outcomes from such an occurrence e.g. death, severe injury etc.
Gas Safety (installation and use) Regulations 1998
The Gas Safety (Installation and Use) Regulations 1998 make it mandatory that gas appliances must be maintained in a safe condition at all times. It is required by the Regulations to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a Gas Safe registered tradesperson.
The Regulations state that the Landlords must:
- Have gas appliances checked for safety by a Gas Safe registered gas installer within 12 months of their installation and then ensure further checks at least once every twelve months after that.
- Ensure a gas safety check has been carried out on pipe work, each appliance and flue every 12 months, except where the appliance was installed less than 12 months ago. The Gas Safe registered installer must take remedial action if an appliance fails a safety check.
- Give a copy of the safety check record to any new tenant before they move in or to an existing tenant(s) within 28 days of the check.
- Keep a record of the safety check made on each appliance for two years.
- Ensure that gas appliances, fittings, and flues are maintained in a safe condition.
Electrical Safety and Electrical Goods
A number of regulations exist concerning the Electrical Health and Safety covering electrical installations and appliances; (a) Landlord and Tenant Act 1985; (b) Consumer Protection Act 1987; (c) Electrical Equipment (Safety) Regulations 1994; (d) Building Regulations 2000.This legislation places obligations on landlords to ensure that the electrical installation and all electrical appliances are ‘safe' with little risk of injury or death to humans, or risk of damage to property. This applies to when the tenancy begins and throughout the life of the tenancy. This includes all mains voltage household electric goods supplied by the landlord such as cookers, kettles, toasters, electric blankets, washing machines etc. Any equipment supplied should be marked with the appropriate CE symbol.
Before a property is let, all properties have a safety (CORGI and NICEIC) certificate.
Energy Performance Certificates (EPCs)
From 1st October 2008, all rental properties with a new tenancy in England and Wales are required to have an Energy Performance Certificate (EPC).Part of our Property Management Service is to ensure that this EPC is procured.
Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended)
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 apply to domestic items which contain upholstery, including beds, headboards, mattresses, sofa-beds, nursery furniture, garden furniture which can be used indoors, furniture in new caravans, scatter cushions, seat pads, pillows and loose and stretch covers for furniture.- The requirements of the regulations are that:All new furniture (except mattresses, bedbases, pillows, scatter cushions, seat pads and loose and stretch covers for furniture) must carry a display label at the point of sale. This is the retailer's responsibility
- All new furniture (except mattresses and bed bases) and loose and stretch covers are required to carry a permanent label providing information about their fire retarding properties. Such a label will indicate compliance.
- All furniture (new and second hand) must meet the Fire Resistance Requirements:
- furniture to pass a cigarette-resistance test
- cover fabric, whether for use in permanent or loose covers, to pass a match-resistance tests,
- filling materials for all furniture to pass ignitability tests.
Houses in Multiple Occupations (HMOs)
An HMO (defined in ss.254 to 259 of the Housing Act 2004) is a building, or part of a building, such as a flat, that:
- Is occupied by more than one household and where the occupants share, lack or must leave the front door to use an amenity, such as a bathroom, toilet or cooking facilities.
- Is occupied by more than one household in a converted building where not all the flats are self-contained.
- Is a converted block of self-contained flats, but does not meet as a minimum standard the requirements of the 1991 Building Regulations, and less than two thirds of flats are owner occupied.
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