Legal requirements

Energy performance certificate

It is a legal requirement for all landlords to provide an Energy Performance Certificate (EPC) for any property before it can be marketed. This certificate has to be available for prospective tenants.

An EPC is a certificate that shows in detail the energy performance of a building. The certificate will give the properties an easy to understand rating of its energy efficiency using a scale of A-G (A being the most efficient and G being the least efficient) along with any recommendations to improve the properties efficiency and save money following an onsite survey carried out by an accredited Domestic Energy Assessor (DEA).

Gas safety

There are some very important obligations placed upon Landlords to ensure that all gas supplied appliances in a rented property have a certificate of safety. This means central heating boilers, water heaters, cookers, fires etc. All such appliances must be properly maintained and serviced and are subject to an annual inspection and safety checks by an engineer who is GAS SAFE registered for domestic appliance work. The Gas Safety Certificate has to be renewed annually. Non compliance with the Gas Safety Regulations could result in a heavy fine or imprisonment, or both.

As these provisions apply equally to the managing agent as well as the Landlord, you will understand that we must take a clear stance in this matter to the extent that we are unable to accept and/or retain a property on our books unless, in respect of all appliances, either: A current certificate is already in force OR The Landlord is obtaining a certificate which is given to us before we install a tenant OR The Landlord authorises Cedar Properties to take the necessary action and obtain a certificate via one of our authorised maintenance personnel.

Electrical safety

The landlord is responsible for ensuring that all electrical appliances supplied in the accommodation must be safe for use and all electric appliances must be fitted with a manufacturer’s plug. New requirements for electrical installation and/or repairs in rented accommodation came into effect January 2005. We are happy to arrange for the necessary electrical inspections to be carried out on your behalf.

Smoke detectors

The law requires that all new houses built after June 1992 must have electronically linked, mains operated smoke detectors installed on each floor. Although older properties are exempt from this requirement, we strongly recommend that smoke detectors be installed on each floor in all rental properties. We also recommend that a carbon monoxide detector is installed in your property.

Furniture and furnishings fire safety

The Furniture and Furnishings (Fire) (Safety) (Amended) Regulations 1993 require that all upholstered furniture and furnishings in rented properties pass the “cigarette test”. If any property is found not to comply the landlord faces fines or imprisonment, or both. Any Landlord placing a property on the rental market must comply with these regulations immediately, and any furniture not complying must be removed before the tenancy commences.

Income tax

If you reside abroad, the Inland Revenue holds us responsible for the payment of any tax liability from the rental income of your property. In this case, income tax will be deducted at basic rate from any rental payments we make to you. To avoid this, you can apply for a tax exemption certificate. Forms are available from the Inland Revenue. (Link to Inland Revenue http://www.hmrc.gov.uk/international/nr-landlords.htm). If the property is jointly owned, a certificate is required for each individual.

If the property is not managed by an agent then the tenant will be responsible for your tax liabilities

Rent Smart Wales

As a landlord you are required to register yourself and your property with Rent Smart Wales. If you want to manage the property yourself you will also need to apply to a landlord license with Rent Smart Wales. Visit www.rentsmartwales.gov.wales for full details.