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Legislation

Legislation

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Expert Protection

Property Plus offer a wide range of insurances including Landlord's Home and Contents cover as well as Rent and Legal protection policies. Property Plus belong to the National Approved Letting Scheme (NALS) which is backed by the government. Only agents who conform to the scheme's strict code of practice can belong. We subscribe to their Fidelity Bonding Scheme, which means that all monies held by Property Plus on our clients and tenants behalf are fully insured.

The Gas Safety (Installation and Use) Reulations 1998

These particular regulations came into effect in October 1994, to ensure that gas appliances are properly installed and maintained in a safe condition in order to avoid the risks of carbon monoxide poisoning. It is the responsibility of Landlords to ensure that ALL gas appliances and gas installation pipe work owned by them are checked for safety at least once a year by a certified engineer.

The Electrical Equipment (Safety) Regulations 1994

The above regulations impose an obligation on a Landlord to ensure that all electrical appliances left as part of a let property are safe. Cabling, fuses and plugs should also be inspected and replaced where necessary to the correct rating for that particular appliance.

The Building Regulations 1991 – Smoke Alarms

The 1991 Building Regulations require that all properties built since June 1992 must be fitted with mains-operated interlinked smoke detectors/alarms on each floor. Such regulations regarding older properties do not exist but we strongly recommend that smoke alarms are fitted in all let properties and are regularly checked to ensure that they are in full working order.

EPC

Since October 2008, all private residential property available for let are required to have an Energy Performance Certificate (EPC). An EPC is a legal requirement for new lets and is valid for 10 years.

All tenants must be provided with a copy of the EPC at the start of the tenancy. Grants may be available to tenants in receipt of Local Housing Allowance for some of the improvements mentioned in the report.

Mandatory HMO Licences

If you own a House in Multiple Occupation (HMO) - a rented property with shared facilities you may need a licence to let.

A licence is required if the HMO has:

  • Three or more storeys
  • Five or more tenants, forming more than one household

Additional licensing has been applied in the following five wards in Brighton & Hove since 5 November 2012:

  • Hanover and Elm Grove
  • Moulsecoomb and Bevendean
  • St Peter's and North Laine
  • Hollingdean and Stanmer
  • Queen's Park

The additional licensing scheme came into operation on 5 November 2012, and unless the scheme is ended beforehand, lasts for a period of five years. It applies to smaller houses in multiple occupation, consisting of two or more storeys, with three or more occupiers from two or more households sharing facilities.

We can offer advice on this or you can find more information by clicking below:

Private Renting

House in Multiple Occupation Licence

New Additional Licensing Scheme in seven wards

At its meeting on 17 June 2015, the council’s Housing & New Homes Committee approved the designation of a new additional licensing scheme for HMOs. The scheme has effect from 2 November 2015 and, like the Lewes Road wards scheme, it will cover smaller houses in multiple occupation consisting of two or more storeys with three or more occupiers from two or more households sharing facilities, but those located in the following wards

  •  Brunswick & Adelaide 
  •  Central Hove 
  •  East Brighton 
  •  Goldsmid 
  •  Preston Park
  •  Regency
  •  Westbourne 

As far as all licensing is concerned, attics and basements are included as storeys if they are used as part of the living accommodation. If the living accommodation is situated above or below one or more commercial storey, those storeys also count for licensing purposes. HMOs do not have to be whole buildings and, as well as whole buildings, any maisonette that meets the above criteria must be licensed.

The issue of an HMO licence does not grant any planning consent that might be required for the property to be used as a house in multiple occupation, For further guidance on this please click the hyperlink here http://www.brighton-hove.gov.uk/content/planning/planning-applications/do-i-need-planning-permission or contact the Development Control team on 01273 292222, 9.30am – 12 noon Monday to Friday. UK Resident Landlords

If you are a Landlord who lives in the UK, any profit you make from renting your property will be subject to Income Tax. When we collect the rent on your behalf, we don't deduct any tax from the rent we pay you, so you will need to inform the Inland Revenue of this income yourself.

There are a number of expenses that can be offset against rental income and we would therefore recommend that you contact an accountant to find out more.

Non UK Resident Landlords

If you are treated as a non-resident Landlord for UK tax purposes, you will still have to pay UK income tax on any profits you receive from renting your property. In these circumstances, we are obliged by law to deduct basic rate tax from any rent we collect and send it to the Inland Revenue on a quarterly basis.

To qualify for an Exemption Certificate, the Inland Revenue usually require that:

  • Your UK tax affairs are up to date, or
  • You never had any UK tax obligations, or
  • You do not expect to be liable to UK income tax

If your property is in joint names, we will need one certificate for each of the joint owners and we will need to receive the Exemption Certificate(s) before we can pay your rental in-come gross.