Tenants and Landlords Urged to Be ‘Gas Safe’ This Winter

As the winter months approach, we’ll all be reaching for the heating controls to turn up the heat.  This week marked Gas Safety Week, a drive to remind the public about the importance of safety measures and checks where gas is concerned.

So, what can landlords and tenants do to ensure they keep safe this winter?  The HAS Gas Safety Statistics 09/10 reported that a total of 10 people died due to gas related accidents and incidents across the UK last year and that a further 330 needed hospital treatment.  With that statistic in mind, it hits home how important it is to carry out regular checks and that applies to tenants, landlords and homeowners.  Landlords and building owners are legally responsible to arrange annual safety checks and necessary maintenance and should ensure all works are completed by a Gas Safe registered engineer.

If you are a tenant and think you might have a problem with a gas appliance, get onto your landlord immediately.  They have a legal obligation to arrange emergency assistance and should provide assurances that the matter is in hand as quickly as possible.

These checks will help to ensure that pipes, appliances and flues are in a safe condition, all gas equipment is safe prior to letting, and that gas safety records are maintained for the property.  Checks also ensure that potential problems are spotted and rectified before a major incident can occur.  Leaking gas and unsafe appliances are a very real hazard and can kill it not attended to immediately.

Paul Johnston, chief executive at Gas Safe Register said: “Every year, far too many people suffer from preventable gas related accidents, such as gas leaks, explosions, fires and carbon monoxide poisoning. If maintained and installed properly, gas appliances are safe. If neglected, gas appliances can kill.”

It’s so important that you use Gas Safe registered engineers.  These industry experts have undergone rigorous training and assessment and have the skills and expertise to spot problems and deal with them safely and completely.  Before you employ any engineer it is essential that you check their ID and you can also check them out on the Gas Safe website.

Ten Tips for New Landlords

1. Take safety very seriously.

Landlords have obligations under law to keep tenants safe in relation to gas (carbon monoxide), electricity and fire. By law you MUST have an annual, valid gas safety certificate at ALL TIMES. There is no legal requirement to have an electrical certificate, but the only real way to prove the electrics are safe is a certificate, so sensible landlords get one every 3-5 years. All furniture and furnishing must show a fire safety label, if it doesn’t, it’s illegal, and you need to remove it. It is also good practice to install smoke/heat detectors and a carbon monoxide alarm. We all deserve to be safe in our homes.

2. Reference your tenants & get a deposit & guarantor

Having non-paying tenants in your property means no income, and it may continue for several months. It is a landlord’s worst nightmare, but unlikely if you take the right steps. To significantly reduce the chances of problems, reference your tenants (e.g. RLA Tenant Referencing), get several applicants and choose the best – don’t just take the first one that comes along. Take a deposit (it needs registering by law in a deposit scheme (see the Government rules).

You should also get a guarantor (e.g. a parent or relative) to agree to pay the rent if the tenant doesn’t (most tenants are agreeable to this). If you take tenants on benefits, get the benefits paid into a credit union account if you can.

3. Look after the property

Before the tenants move in, take copious photographs, with dates on them – floor, walls, appliances, ceilings, doors, and windows. Print them off and get the tenant to sign each one, so they agree that is the current condition of the property. If they do damage the property, this is clear evidence which will help you retain some or all of their deposit. During the tenancy, visit to inspect the property every three months and inform the tenant of any improvements they need to make (you need to give the tenant advance written notice of visits).

4. Tell your lender & freeholder

If you don’t tell your mortgage lender you are renting the property out, you are likely to be in breach of your mortgage conditions, which may invalidate your insurance. The best policy is to inform your lender. Most are agreeable to homes being converted to buy to let properties. If the property is a leasehold property (i.e. a flat), you should also write to the freeholder and give them the tenant’s name and contact details in case of emergency (some, councils especially, may charge for updating their records).

5. Use a written tenancy agreement

Don’t even think about letting a property without a written tenancy agreement. You can buy one online (Assured Shorthold Tenancy Agreement Template) or in some stationers like WH Smith.  A written agreement makes the details of the tenancy very clear in case of problems, and will be required in case of any court action. Letting property on verbal agreements is asking for trouble. Ideally the tenancy agreement will be signed AND witnessed. Remember to keep it safe, and scan a copy.

6. Get an Energy Performance Certificate

As of October 2008, an EPC has to be shown to a tenant BEFORE they move into a property, by law. An EPC is a grading of the property’s energy efficiency. They cost about £75, and last for ten years. Getting one is easy, and contains advice to improve the efficiency of a property. It’s advisable to replace all light bulbs with energy saving bulbs before the EPC assessor visits. Not showing the EPC to the tenant prior to them moving in may result in a fine from Trading Standards.

Get an online Energy Performance Certificate quote.

7. If tenants stop paying, act fast

When a tenant stops paying, many landlords freeze, and simply hope the tenant will pay up. Before you know it, several months have passed, and the arrears put your own financial situation at risk. To avoid this, watch rent payments like a hawk, as soon as one is late, call and write to the tenant to request payment. As soon as they miss a second monthly payment, you should issue formal eviction notices (which usually encourages tenants to pay, but if not lays the groundwork for the eviction). The eviction process is not straightforward and it’s advisable to get help from someone like Landlord Action  as soon as a tenant misses that second monthly payment. Typically an eviction (including legal and court fees) costs £700 and takes 3-6months – the quicker you get on it, the smaller the problem. Always be understanding, but also be firm.

8. Check you are insured

Many home insurance policies are invalid if a property is rented out, so check with your insurer. You also need to inform your buildings insurance provider (or freeholder if they arrange it on your behalf). If your property burns down and you are not insured, it could destroy your financial foundations, so check it. You should also get public liability insurance, so if someone is hurt in or near the building, you are likely to be covered. Insurance is boring…. unless you need to make a claim.

Get an online Landlord Insurance Quote from Melville Burbage and get online prices with a High Street Service.

9. Pick a good agent (or get trained)

Letting agents are unregulated, and sadly some are unscrupulous and will impose what some consider unreasonable charges on tenant or landlord or both, often when it’s too late to refuse. It is invariably best to use an agent who is a member of the Association of Residential Letting Agents (ARLA) as they have high standards, and agents need to be formally trained. Ask them what their fees are, including tenancy set-up fees, management fees, renewal fees, and what they charge tenants – get it in writing. If you do not use an agent, don’t DIY without some training – landlord associations and ARLA do training, as do many local councils (as part of their accreditation schemes). Property law is extensive – don’t get burnt, get trained. 10. Join a landlord association The largest UK landlord association is the National Landlord Association, which provides a regular magazine, many member benefits, a telephone helpline, and an annual conference. Membership is low cost and well worth it. The second largest UK landlord organisation is the Residential Landlords Association which offers similar benefits. Joining one gives you an insight into what a professional landlord needs to know to protect his or her finances and reduce risk of problems.

About the Author

Ollie Cornes is an experienced, professional landlord and entrepreneur. In 2002 he founded (and later sold) the Singing Pig property forum. He owns a multi-million pound portfolio of properties in and around London, and is qualified with the Association of Residential Letting Agents. His business, Juicy Property, provides online property management software and related services to landlords.