Legal Requirements

Gas Safety (Installation and Use) Regulations 1998
It is a legal requirement to ensure that all let premises with gas appliances, installations and pipe-work have been checked by a Gas Safe registered engineer. You will need to provide a copy of a Gas Safety Certificate (GSC) carried out no more than 12 months previously. The GSC will need to be renewed at 12 monthly intervals. You will need to give both us and your tenant documentary proof of your compliance with the Regulations at the commencement of the tenancy and within 28 days of the GSC being renewed.

At Jonathan Waters Estate Agents we are happy to organise this on your behalf.

Electrical Equipment (Safety) Regulations 1994
It is recommended that you provide instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the premises comply with the above Regulations. You should ensure that all electrical installations are safe and have then been checked regularly.

It is recommended that you provide instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the premises comply with the above Regulations. You should ensure that all electrical installations are safe and have then been checked regularly.

We are able to arrange for a safety check under these Regulations on your behalf, however, you would be responsible for the cost of the safety check itself.

If electrical equipment is to be supplied with the accommodation then it must be safe. This applies to items such as kettles, fridges, cookers, washing machines etc.

The regulations do not at present stipulate that you have each item of electrical equipement tested (PAT testing). However, again it is strongly recommended that you should consider having items tested to protect your tenant from danger and yourself from possible prosecution and/or civil litigation.

Any tests should ideally be carried out at reasonable intervals, bearing in mind the rate of usage on the appliance. Make sure any tests clearly identify the equipment tested and the date of the test and keep such reports for your own reference and should it be required in the future.

Any plug on any electrical appliance must have a �standard plug�, i.e. of an approved type, with live and neutral pin sleeved and having the correct fuse rating for the appliance to which it is connected.

Furniture and Furnishings
Under the Furniture and Furnishings (Fire Safety) Regulations 1988 and The Furniture and Furnishings (Fire Safety) (Amendment) Regulations 1993 it is a criminal offence, punishable by fine and/or prison term, to let premises with furniture or soft furnishings which cannot be proven to comply with the above fire safety regulations. The Regulations apply to the following which must be match resistant, cigarette resistant and carry a permanent label:

• All upholstered furniture;
• Three piece suites;
• Padded headboards;
• Sofa Beds;
• Cushions;
• High Chairs;
• Pillows;
• Beds and divans including the upholstered bases;
• Furniture with loose fitted covers;
• Children’s furniture;
• Cots and other items used by a baby or small child;
• Mattresses of any size;
• Garden furniture which may be used indoors

Energy Performance Certificates
Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 it is a legal requirement to make available to any prospective tenant an Energy Performance Certificate (EPC) produced by an approved Domestic Energy Assessor. Failure to supply one is a criminal offence punishable by a fine.

You may, however, already have an EPC on your property. An EPC is valid for a period of ten years. Therefore, if the property has been on the market for sale previously or rented your property out subsequent to 1st October 2008 you should already have an EPC for the property.

At Jonathan Waters Estate Agents we are happy to check this for you and arrange for an EPC to be carried out if you do not have one. An EPC needs to be ordered within seven days of instruction of marketing, if it is not, we are not allowed to continue marketing your property until we have evidence of the order. We have our own in-house EPC assessor - so we can sort all of this out for you at a very competitive fee.

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 and one proof of residence, i.e. passport/photo card driving licence and a recent utility bill relating to your place of residence.

Security Deposits - Tenancy Deposit Protection

Tenancy Deposits
All deposits taken by landlords and letting agents under Assured Shortland Tenancies (ASTs) in England and Wales must be protected by a tenancy deposit protection scheme. Landlords and lettings agents must not take a deposit unless it is dealt with under the deposit protection scheme. To avoid any disputes going to court, each scheme is supported by an alternative dispute resolution service (ADR) Landlords and letting agents can choose between three types of scheme; a single custodial scheme and two insurance-based schemes.

What Are Tenancy Deposit Schemes?
The Scheme enables tenants to get all or part of their deposit back when they are entitled to it and encourages tenants and landlords to make a clear agreement from the start on the condition of the property.

Insurance Based Schemes
• The tenant pays the deposit to the landlord
• The landlord retains the deposit and pays a premium to the insurer - this is the main difference to the custodial scheme

Within 30 Calendar Days of Receiving a Deposit
The landlord or agent must give the tenant details about how their deposit is protected including:
• The contact details of the tenancy deposit scheme selected
• The landlord or agents 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

At the End of the Tenancy
• If an agreement is reached about how the deposit should be divided, the landlord or agent returns all or some of the deposit, divided in the way that is agreed by both parties
• If there is a dispute, the Scheme will hold the deposit until the dispute resolution service or courts decide what is fair
• The interest accrued by deposits in the Scheme will be used to pay for the running of the Scheme and any surplus will be used to offer interest to the ten ancy, or landlord if the tenant is not entitled to it.

Security Deposits - Tenancy Deposit Protection
Properties Managed by Jonathan Waters Estate Agents

We are a registered agent with the Deposit Protection Service which is a government authorised custodial scheme only available to regulated Letting Agents who are members of a professional body This scheme provides security for landlords and tenants with an independent and free Alternative Dsipute Resolution (ADR) service which aims to resolve disputes quickly and without the need for court action.

Properties Not Managed by Jonathan Waters Estate Agents

If you as landlord decide to hold the deposit yourself, we will transfer it to you within 5 days of receiving it. You must then register it with a Tenancy Deposit Protection Scheme within a further 25 days if the tenancy is an Assured Shorthold Tenancy. If you fail to do so the tenant can take legal action against you, the landlord, in the County Court. The Court will make an order stating that you must pay the deposit back to the tenant or lodge it with the custodial scheme which is know as the Deposit Protection Scheme. In addition a further order will be made requiring you pay compensation to the tenant of an amount equal to three times the deposit. You will be unable to serve a Section 21 Notice on your tenant until compliance with the above conditions and the Court will not grant you a possession order. We have no liability for any loss suffered if you fail to comply.

For further details on all the tenancy deposit schemes available please visit: Deposit/index.htm
At Jonathan Waters Estate Agents we will take the hassle out of letting your home with our comprehensive service - we won�t �let� you down


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