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Information for landlords

The Defective Premises Act 1972 imposes a duty on landlords to take reasonable care to see that tenants and visitors are safe from personal injury or disease caused by a defect in the state of the premises. Whilst not specifically mentioned, this includes asbestos. In addition, a landlord could be guilty of a criminal offence if anyone is exposed to a risk from asbestos.

Landlords should ensure that a risk assessment is carried out and if there are any doubts you should employ a competent contractor to carry out any repairs or other works.

Any landlord who commissions repair or construction work has to comply with legislation which include an obligation to notify the present tenant of asbestos where the landlord is aware of this. The Control of Asbestos Regulations 2012 require that a risk assessment is carried out before any work is started to see if asbestos is present and to ensure that appropriate precautions are taken to deal with asbestos which is present. Special rules apply to the common areas of blocks of flats and bedsits (not to individual flats) and the landlord is obliged to investigate whether asbestos is present in the common parts. If asbestos is present, the landlord is required to monitor its condition as well as putting control measures in place. Anyone who may be at risk as a result (e.g. a contractor carrying out work) must be notified of the presence of asbestos. The measures must be kept under review; at least annually.

Please visit the following link for information: https://www.hseni.gov.uk/articles/duty-manage-asbestos

The Landlord is obliged to ensure that electrical installations and appliances are safe and are in proper working order throughout the tenancy. It is necessary to carry out regular visual inspections of all electrical plugs, sockets, leads, appliances and goods and any that are faulty must be removed and replaced. We recommend that Landlords have periodic checks done by a qualified electrician and also recommend that electrical equipment is PAT tested on a tenant changeover and at regular intervals.Failure to comply with the regulations is a criminal offence and may result in fines and custodial sentences.

Energy Performance Certificates (EPCs) are needed whenever a property is rented. You must order an EPC for potential tenants before you market your property to rent. This must be made available to tenants if they express an interest in letting your property as it is classed as material information about the property along with knowledge of the Council Tax Banding.

An EPC contains information about a property's energy use, typical energy costs and recommends ways to save energy. Since April 2018, landlords of privately rented domestic and non-domestic property in England or Wales must ensure that their properties reach at least an EPC Rating of E before granting a new tenancy to new or existing tenants.

From 1 April 2020 these requirements will apply to all private rented properties in England and Wales, even where there has been no change in tenancy arrangements.

If a landlord believes that an F or G EPC rated property qualifies for an exemption from the minimum energy efficiency standard, an exemption must be registered on the National PRS Exemptions Register. The register service is currently running as a pilot. Landlords who wish to register an exemption for a domestic or non-domestic property as part of this pilot should e-mail the BEIS minimum standards team at PRSregisteraccess@beis.gov.uk

Under the Furniture and Furnishings (Fire)(Safety) Regulations 1988 (as amended in 1989 and 1993), Landlords must be able to demonstrate that furnishings included in the property are fire resistant.

This includes:

  • Beds, headboards of beds and mattresses
  • Sofa-beds, futons and other convertibles
  • Nursery furniture
  • Garden furniture which is suitable for use in the dwelling
  • Scatter cushions and seat pads
  • Pillows
  • Loose and stretch covers for furniture

But excludes:

  • Furniture made before 1950
  • Bedclothes including duvets
  • Loose covers for mattresses
  • Pillow cases
  • Curtains
  • Carpets
  • Sleeping bags

Under The Gas Safety (Installation and Use) Regulations 1998, it is a mandatory requirement for landlords to ensure the gas equipment at the property is safely installed and maintained by a Gas Safe registered engineer. Landlords must make sure a registered engineer carries out an annual gas safety check on each appliance and flue.

Landlords should keep records of inspections and a copy of the safety certificate issued by the engineer must be given to the tenant before the tenancy can commence. In addition to this, certificates should be issued after any future inspections of appliances within 28 days of the check being completed. It is good practice to keep maintenance records in order to be able to show regular maintenance and necessary repairs have been undertaken.

'Gas appliances' include any fitted gas appliance such as gas heaters, cookers and fires as well as central heating systems. Since April 2009 you must ensure that anyone carrying out work on gas appliances at your property (including flues) is registered on the new Gas Safety Register. If an engineer who carries out a check on a gas appliance is not on the Gas Safety Register, residential landlords are in breach of the regulations.

Failure to comply with the regulations can result in a substantial fine or even, in the worst cases, imprisonment. The Gas Safety Register can be accessed at: www.gassaferegister.co.uk.

Additional responsibilities are imposed on Landlords who let Houses in Multiple Occupation (HMO) occupied by at least 3 tenants who comprise more than 1 household and who share the amenities (these could also apply to a building split into bed-sits).

If the property is a large HMO (at least 3 storeys high with 5 tenants comprising more than 1 household sharing facilities), the Landlord must hold a Licence from the Council.

Licences usually last for 5 years but some councils grant them for shorter periods. The council checks that the building meets acceptable standards and the landlord is a 'fit and proper' person.

Most rented properties are low risk but nevertheless Landlords must undertake a risk assessment to determine the risk of Legionella which causes Legionnaires' disease, a potentially fatal form of pneumonia. Everyone is susceptible to infection but the risk increases with age and in people suffering from pre-existing health conditions.

The bacterium Legionella pneumophila are widespread in natural water systems, eg rivers and ponds, but can also be found in purpose-built water systems such as hot and cold water systems and spa pools where the water is maintained at a temperature high enough to encourage growth. If you decide that the risks are insignificant and are being properly managed to comply with the law, your assessment is complete. You will not need to take any further action, but it is important to review your assessment periodically in case anything changes in your system.

Landlords have a legal duty to ensure the property is kept in repair. This includes installations for water supply, gas and electricity and can extend to the exterior of the property in which the Landlord has an interest (eg the private driveway leading to the block of flats). Tenants do not have to report any problems so Landlords must be vigilant and take any necessary action.

An Assured Shorthold Tenancy can be brought to an end in certain circumstances by serving a prescribed notice on the Tenant. Where the Tenant has not breached any conditions of the tenancy agreement, this will be a Section 21 Notice. However there are restrictions on when a Section 21 Notice can be served, for example, it cannot be within the first 6 months of the tenancy or if the Landlord has not complied with other obligations in respect of the letting.

Landlords must check all tenants have the right to legally rent (including any occupants over 18 years who are not named on the tenancy agreement).

Landlords must check the documentary evidence of the tenants’ identity and right to remain in the presence of the tenant. Permitted documents include a passport or biometric residence permit. The checks are detailed and must be recorded.

Fines can be imposed on Landlords who cannot show they checked their right to rent and letting to someone whom they knew or had reasonable cause to know that they did not have the right to rent in the UK could lead to an unlimited fine or a custodial sentence.

For more information please visit the government website: www.gov.uk/government/collections/landlords-immigration-right-to-rent-checks.

Under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, from 1 October 2015 a landlord must have at least one smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel burning appliance (e.g. coal fire, wood burning stove). After that, the landlord must make sure the alarms are in working order at the start of each new tenancy. Alarms should be checked throughout the tenancy on inspections and by the tenant. The landlord will need to check that the tenant is carrying out the checks as the landlord carries the legal obligation to keep the alarms operating and not the tenant.

The requirements will be enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.

The regulations do not stipulate the type of alarms to be installed (such as hard wired or battery powered). Landlords should make an informed decision and choose the best alarms for their properties and tenants.

Carbon monoxide Alarms

Landlords must ensure that a carbon monoxide alarm is installed in any room of their homes where there is a fixed combustion appliance, including a gas boiler . Where a new fixed combustion appliance is installed a carbon monoxide alarm will be required to be installed by law. Gas cooker appliances are to be excluded from the new rules. To clarify:

  • carbon monoxide alarms must be fitted where there is solid fuel used
  • carbon monoxide alarms will be mandatory in rooms with a fixed combustion appliance (excluding gas cookers) in all rented properties (Social and private rented)
  • carbon monoxide alarms will also be mandatory upon installation of any heating appliance (excluding gas cookers)
  • landlords will be expected to repair or replace alarms once informed that they are faulty
  • Heat detectors are not a replacement for smoke alarms. However, as gas appliances can emit carbon monoxide, it is good practice to ensure that working carbon monoxide alarms are installed in rooms with these.

If needed, your local fire and rescue authority may be able to provide further advice on installation or you can download fire safety information from www.gov.uk/firekills.

Landlords may need to pay Capital Gains Tax on any gain when they sell a property which has been let. In addition, Landlords are liable to income tax on the rental income. The amount payable is dependent on their circumstances.

The rules as to which expenses can be offset against tax change from time to time (for example, changes to remove the allowance for wear and tear and the phasing out of tax relief on mortgage interest). Landlords are advised to contact their accountant or HM Revenue and Customs (HMRC) to obtain confirmation regarding available allowances.

Overseas Landlords:

  • Landlords who live abroad for 6 months or more per year are classed as 'non-resident landlords' by HMRC even if they are a UK resident for tax purposes. Specific rules apply to overseas landlords including companies that have their offices or other place of business outside the UK, companies incorporated outside the UK; trustees; members of the HM Forces and HM Government employees.
  • Landlords can apply to the HMRC to pay their tax through Self-Assessment and if approved, HMRC will notify the letting agent that they can cease to withhold tax (up to receipt of the exemption certificate, they must retain the tax).
  • Landlords are recommended to contact their HM Revenue & Customs office or their accountant if they have any queries as soon as possible and preferably prior to any tenancy commencing.

If any landlord has an Assured Shorthold Tenancy in England and Wales and receives a deposit from their tenant, they are obliged to protect it in one of three Government-backed tenancy deposit schemes:

  • Deposit Protection Service (DPS)
  • mydeposits
  • Tenancy Deposit Scheme (TDS)

The deposit scheme will hold the deposit and release it at the end of a tenancy. It is always the landlord’s responsibility to ensure the deposit is protected, even if you use a letting agent.

There are two types of tenancy deposit protection scheme available for landlords and letting agents: insurance-based schemes and custodial schemes.

Insurance-based schemes

The tenant pays the deposit to the landlord and then the landlord retains the deposit and pays a premium to the insurer.

Custodial schemes

The tenant pays the deposit to the landlord or agent and then the landlord or agent pays the deposit into the scheme. This option is most commonly used by landlords.

The deposit must be protected within 30 days of receiving the deposit (this may not necessarily be the same date as when the tenancy starts) and the tenant must also be served prescribed information within 30 days, which includes:

  • The address of the rented property
  • The amount taken for the deposit
  • Details of which deposit scheme was used to protect the deposit
  • The contact details of the tenancy deposit scheme used and its dispute resolution service
  • The name and contact details of any third party that has paid the deposit e.g. the Letting Agent
  • Information on how the tenant can apply to get the deposit back
  • Details of what the tenant can do if there is a dispute over the deposit

Serving the prescribed information is not merely a procedure, it is a legal requirement. Securing the tenancy alone is not enough. It has also been advised by a solicitor to request that tenants sign a document to confirm that they have actually received the information.

To summarise, the legislation applies to every landlord in England and Wales that has taken a deposit from a tenant under an Assured Short hold Tenancy Agreement. The deposit must be protected within 30 days of receiving it, even if you've only received a partial amount of the deposit. You must serve the prescribed information after the deposit is secured and to the tenant within 30 days.

Failure to comply with the relevant scheme would entitle the tenant to apply to the County Court for an order for repayment of the deposit. In addition the Court can order the landlord to pay to the tenant a sum equal to three times the deposit. Failure to comply with the scheme also prevents a landlord from serving a section 21 notice for possession.


We are members of The Property Ombudsman Scheme, Milford House, 43-55 Milford Street, Salisbury Wiltshire, SP1 2BP. Telephone: 01722 333 306. Website: www.tpos.co.uk.We are members of The Guild of Property Professionals' Client Monies Protection Scheme, Lonsdale Insurance Brokers Ltd.

Information for landlords
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AllAgents

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Definitely the agent to go to! My recent experience as a buyer of a property through Emsleys Estate Agents was second to none! All thanks go to Carol branch negotiator!! Carol went over amp;... Read more
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Simple process, good response time, straight forward transaction. Thank you Read more
Carl

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The whole team have been amazing with myself and my partner Sean even though we were only purchasing from them they all went above and beyond in helping us buy our forever home. Read more
Nicola

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Superb service from start to finish. Nothing has ever been too much trouble. We were given a realistic price to sell at. Carol and Amber have been accommodating and professional throughout. I... Read more
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Excellent service from Emsleys, Carol and Jarred were both great at keeping us informed would highly recommend. Read more
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I recently had the pleasure of working with Emsleys Estate Agents to sell my house, and I couldn\'t be happier with the experience. From start to finish, their professionalism, expertise, and... Read more
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I used Emsleys to sell my 4-bed house. Jared showed great knowledge of the area and comparable properties, and due to the great position and condition, recommended a valuation pound;35k higher... Read more
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Our sale process turned out to be much longer than expected due to issues in our chain. Throughout the process Carol worked hard to speed things up and keep us informed at all times. Highly... Read more
David Gigg

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Was buying my first property and did not know process very well. Where very helpful in explaining the procedure. Very quick to reply and was easy to arrange a viewing Read more
Joe

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As a buyer with a terrible solicitor, I found Emsleys to be very helpful. I wish we could have used their solicitors but the seller used them. They kept pushing our solicitor to achieve a great... Read more
Helen Gourlay

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I recently bought a property for sale through Emsleys in Sherburn-in-Elmet and I couldn't have wished for a better service. All the staff were friendly and helpful during what became a very... Read more
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Elmsleys has been absolutely outstanding in all respects. We have dealt with Carol Flynn who has been amazing throughout the process of our sale and purchase. She has expertly liaised with all... Read more
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The entire process was perfectly guided and well maintained with vigilant services leading to my satisfaction. Read more
Agha Muhammad Shaharyar

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In a complicated house sale Lisa and the team at Emsleys were really helpful. Often as a buyer in the process you feel ignored but Lisa was respectful and really supportive throughout! Honestly I... Read more
Elena

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Carol Flynn : she was very helpful and handled every enquiry quickly and professionally Thank you for all your help you made this process much easier Read more
Philip Macandrew

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Very helpful. Easy and quick process. Good communication all around and very pleased with the experience. Read more
Callum convy

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Can\'t thank the team at emsleys in crossgates enough! I was selling my non standard construction property and the knowledge and advice was fantastic. The team were always there to reassure... Read more
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Fantastic Estate Agents, have assisted me immensely during my house buying process. David and Natalie were always very polite and professional, keen to solve my queries and keep me updated during... Read more
Christiana A

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5* service from Emsleys on the sale of my house, Lisa was my key contact for my sale and was absolutely instrumental in the smooth running of my transaction and always kept me fully up to date.... Read more
Juliet Gough

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From initial contact through to Exchange, proactive and attentive. Happy to recommend. Read more
Mike Burton

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I found the staff to be throughly professional, market aware and approachable. They took on board what I was looking for and appropriate properties where passed forward for me to consider. I would... Read more
Aaron Casey

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The selling of our home with Emsleys Estate Agents - Garforth was an absolute dream. Emma who came to do the original valuation was super friendly and helpful and explained all costs and charges... Read more
Shawney Mcgreavy

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We were at the top of what proved to be a difficult chain at the bottom, but Lisa and Amber were so brilliant - always chasing down the chain and keeping us informed of every communication. They... Read more
Donna Donnelly

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Amazing support through the whole buying process. Forever grateful and highly recommend. Read more
Patrycja Andrys

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Kept informed and updated through out my home sale, everything went smoothly and quickly with helpful and knowledgeable staff to assist. Cannot fault the service. Read more
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Kept informed and updated through out my home sale, everything went smoothly and quickly with helpful and knowledgeable staff to assist. Cannot fault the service. Read more
Lorraine Edwards

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Brilliant Estate Agents. Always helpful, friendly and contactable - either via email or telephone. Great contact between buyer and seller and help to chase things down and get things moving. Read more
Stacey Gearing

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We found Emsleys Estate Agent to be professional, responsive and friendly, with a genuine concern for myself and sister during the sale of our mother\'s house. I would highly recommend them. Read more
Rachel

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Great experience selling our property through Emsleys. The Sherburn office kept us updated throughout the entire process. Would highly recommend. Read more
Rhian Hibberd

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Carole and her team were always very helpful and always professional. Emsleys estate agents provided outstanding service throughout my sale from start to finish. I couldn't have asked for more. Read more
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Very helpful at every stage, I would recommend to others. Read more
Laura Jackson

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Lisa, Emma and Amber were all fantastic from our initial query to completion day. They went the extra mile for us to communicate with our seller when needed. They also responded in excellent time... Read more
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Absolutely exceptional service! Emsleys recently sold my house and I was so glad that I selected them to work with. They were very professional, accurate on valuation and from start to completion... Read more
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Really friendly staff, great service, I felt looked after- would recommend. Read more
AGATA NOWACZYK-NOLAN

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Excellent service from start to finish, I can highly recommend this company. Read more
Lee Carruthers

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Working with Emsleys Crossgates Estate Agents on the sale of my property was very easy - their communication was great and reactions to any queries that would delay things was spot on! Huge thanks... Read more
Jane Frost

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Excellent service from all the Rothwell team from start to finish. They kept me up to date throughout the sale of my house Read more
John

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Carol was amazing throughout our full journey selling our house. She was always there to answer our calls and help explain things. We would go as far as saying she went above and beyond to help us.... Read more
Charlotte May

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Fabulous service from start to finish Emma, Lisa and Amber were very friendly, helpful and always available to help at each stage of the selling process nothing was too much trouble. Read more
Monica Ladle

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Generated huge interest in our home after listing with another agent without success. Was on the ball throughout the sale and kept us up to speed with not only our sale but the rest of the chain Read more
Anthony Doone

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We have recently sold our property through Emsleys in Sherburn, we had a very good response to the market and agreed on our sale within 3 weeks. Carol is very professional and a very nice helpful... Read more
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Excellent efficient service from start to finish from the Emsleys team, and Carol in particular. Thanks very much! Read more
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Our experience with Emsleys was second to none. Carol especially was so helpful and everything went through as smooth as possible. Any queries she was able to answer and if not she did everything... Read more
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We have had a great experience with using Emsleys. They have provided fantastic communication with us and put us at ease with the whole transaction. We couldn't recommend them enough for the... Read more
Kimberley Murphy

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So happy with everything emsleys have done to help us sell our home. Carol has been amazing and helped us keeping track with the process of selling. Thank you so much x Read more
Jessica Reed

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Carol was amazing in helping us with our house purchase. She guided us through the processes, explained everything to us, and provided regular updates which we greatly appreciated given that we... Read more
Rosie Brookes

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Carol has been so incredibly helpful, communicative and has helped get the sale through. Couldn\'t have asked for better service. Read more
Jessica Walker

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Purchased my home through the Sherburn in Elmet branch. Carol amp; Amber were so helpful throughout the whole process, they kept me up to date and liaised with the solicitors etc. would use again,... Read more
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Provided excellent advice re selling by modern method of auction. Read more
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Emsleys Sherburn in Elmet went above and beyond from start to finish!! You made the process so much easier. I thank my lucky stars we bought and sold through you guys. A special HUGE thank you... Read more
Chloe Griffiths
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