Landlord registration
The latest of the legal requirements in the private renting sector (Legislation as of February 2014) states that all landlords who rent property under a private tenancy must now be registered and provide accurate and up to date information about yourself and your property. For further information go to NI direct landlord registration.
Tenant deposit protection
Any deposit taken on or after April 1 2013 must be registered with an authorised tenancy deposit protection scheme administrator. Then you are required to protect the deposit within 14 calendar days of receiving it using either an insurance or custodial based protection scheme. You must also provide certain information about which Tenancy Deposit Scheme is protecting it and you must serve this on your tenants within 28 calendar days of receiving the deposit - this is called ‘Prescribed Information’.
There are three organisations set up to administer these schemes in Northern Ireland:
www.tdsnorthernireland.com/
mydepositsni.co.uk/
www.lettingprotectionni.com/
Energy performance certificate
As of December 2008 it became a requirement that all properties on the market for sale or to let must have available a valid Energy performance certificate (EPC). An energy performance certificate contains information about how energy is used along with details of how much the energy used actually costs. An EPC is carried out by a accredited domestic energy assessor and should be available to the public to check on the energy performance certificate register at
www.epcregister.com
Gas safety
Under current gas safety legislation landlords have three main areas of responsibility
- Maintenance: pipework, appliances and flues must be maintained in a safe condition. Gas appliances should be serviced in accordance with the manufacturer’s instructions. If these are not available, it is recommended that they are serviced annually unless advised otherwise by a Gas Safe registered engineer.
- Gas safety checks: a 12 monthly gas safety check must be carried out on every gas appliance/flue. A gas safety check will make sure gas fittings and appliances are safe to use.
- Record: a record of the annual gas safety check must be provided to your tenant within 28 days of the check being completed or to new tenants before they move in. Landlords must keep copies of the gas safety record for two years.
(Visit gassaferegister.co.uk for more information)
It is important to note that if a landlord does not comply with these regulations you can incur heavy fines and even risk imprisonment.
Legal documentation
Under the private tenancies (Northern Ireland) Order 2006 all landlords shall provide a rent book free of charge. According to the Order, a rent book -
a) shall be used to maintain a written record of rent and other payments made in respect of a tenancy.
b) shall contain such particulars and information relating to the tenancy as may be prescribed.
(Source www.legislation.gov.uk/nisi/2006/1459/article/5).
A rent book must contain the following information
- the address of the premises
- the name of the tenant
- the name, address and telephone number of the landlord
- the name, address and telephone number of the landlord’s agent (if any)
- the rent payable and the period covered by each payment
- the capital value of the dwelling
- the rates payable by the tenant, in addition to rent, and the period covered by each payment
- the amount and description of any other payment which the tenant is required to make in addition to rent and rates (for example in respect of heating)
- the tenancy commencement date
- (Source NI housing executive)
As well as this, tenants must also receive a written statement of tenancy terms this should include the following -
- the name of all tenants and the address of the rental property
- the name, address and contact phone number of the landlord
- the name, address and contact phone number of the landlord’s agent (if any) and a description of the services provided on behalf of the landlord
- the emergency out of office hours telephone contact number for the landlord or agent
- the term of the tenancy for example, weekly, monthly, quarterly
- the date that the tenancy started
- the length of the tenancy and the date it will end
- the length of notice which must be given by the landlord and the tenant in order to end the tenancy (except in the case of a fixed term tenancy)
- the amount of rent payable, how often and when it should be paid
- the amount of rates payable and who is responsible for paying the rates
- the amount of deposit payable and how it will be repaid
- the amount and description of any other payment which the tenant is required to make in addition to rent and rates, for example, heating
- details of who is responsible for repairs
- details of any other obligations on the landlord or tenant forming part of the tenancy agreement
- an inventory of any furniture or furnishings provided
The information contained in the Tenancy Terms Regulations 2007 Schedule which can be found at: www.legislation.gov.uk
Next time I will look at landlord’s legal obligations during the tenancy and ending a tenancy including repairing obligations, inspections of premises and notices served. If you have any further questions please email them to me at colin@propertypeoplebelfast.com
