Private Property Licensing
Please read very carefully the following conditions that every Landlord must fulfill when renting a private property, which has put an incredible burdenon us as your agent in terms of time spent, which at present does not form part of our service.No property can be rented if it does not have a valid property licence!
Under LocalAuthority Property Licensing legislation, it is now illegal to privately rent out a residential property without the correct property licence: Private RentedProperty License (PRPL) scheme.
All Newham, Waltham Forest, and Barking & Dagenham area Landlords must now have the following
· Gas Safety Inspection (GSI)
· Energy Performance Certificate (EPC)
· Portable Appliance Test (PAT)
· Electric Safety Inspection (ESI)
· Tenancy Deposit Protection (TDP) Certificate
· Fire Risk Assessment (FRA)
· Legionella Risk Assessment (LRA)
Landlords must also have, working and tested (6-monthly):
· Smoke Alarms
· Carbon Monoxide detectors
Additionally to the above list, all Landlords must now provide, on request:
· Acompleted, highly detailed, 6-monthly written inspection report, with photographic evidence
· A maintenance log of all reported and actioned repairs, with a timeline
· A method of reporting maintenance in the tenants native language
· Details of checks undertaken prior to the tenants occupying their property to verify their “Immigration Status”, and to also provide
evidence of the tenant’s proof(VISA) allowing them the right to live/or and work in the UK.
Consequences to Landlords for non-compliance include (but not limited to):
· Fine of up to £20,000.00: for illegally renting a property without a licence
· Fine of £5,000.00: for non-compliance with licence requirements
· Possessions claims struck out: for failing to adhere to the PRPL conditions
A valid PRPL certificate is required as it forms Part 3 of the Housing Act 2004, without which would invalidate any Section 21 or Section 8 Notice.
For free advice and an assessment of your Property Licence, or for more information call us on 0208 5192000.
Below are the conditions that every landlord has to fulfill in accordance with the Council regulations, which may vary from council to council, please see below for your relevant Borough Council.
Waltham Forrest Council
Barking & Dagenham Council
· The licence holder shall supply the occupiers of the property with a written statement of the terms on which they occupy the property and details of the arrangements in place to deal with repair issues and emergency issues.
· The licence holder shall protect any deposit taken under an assured short-hold tenancy by placing it in a statutory tenancy deposit scheme. The tenant must begiven the information about the scheme being used at the time the deposit is taken.
The following arrangements shall be implemented to fulfill the requirements of the private licence:
· Provision of an emergency 24hr contact for maintenance in tenants own language;
· Formal arrangements for the disposal of rubbish and bulky waste ;
· Maintenance of written records of property inspections for management and repair issues at least once every 6 months;
· The licence holder shall ensure that inspections of the property are carried out at least every six months to identify any problems relating to the condition and management of the property;
· The licence holder shall ensure that all gas installations and appliances are in a safe condition at all times. The licence holder have available a current valid gas safety certificate obtained within the last 12 months;
· The licence holder shall ensure that all electrical appliances provided in the property are in a safe condition. The licence holder must submit to the Council, for their inspections, an electrical appliance test report in respect of all electrical appliances that are supplied by the landlord;
· Where the licence holder becomes aware of a pest problem or infestation at the property he shall take steps to ensure that a treatment program is carried out to eradicate the pest infestation. Records shall be kept of such treatment programs and these must be provided to the Council within 28 days on demand;
· The licence holder shall install and maintain in good working order appropriate smoke alarms, compliant with current British Standards;
· Where appropriate to the system installed and the use of the property i.e. HMO, the licence holder shall ensure that any fire fighting equipment and fire alarms are maintained in good working order. The licence holder must submit to the Council, for their inspection, a copy of all periodical inspections report/test certificates for any automatic fire alarm system, emergency lighting and fire fighting equipment provided in the property;
· The licence holder shall ensure that furniture made available in the property is in a safe condition. All upholstered furniture and covers and fillings of cushions and pillows should comply with current fire safety legislation.
Failure to apply for a license can lead to a fine of up to £20,000 on conviction!
Failure to comply with the condititions if you have a license can lead to a fine of up to £5,000 on conviction!
Failure to apply for a license means that the Landlord is not allowed to rent his property!
An unlicensed landlord is not able to use the section 21 Possession Procedure, which entitles them to regain possession of the property without a court hearing, following the service of a valid notice giving the tenant at least two months’ notice.
For any period where an unlicensed property is being privately rented, an application can be made to the Residential Property Tribunal for a Rent Repayment Order, which could mean a landlord having to repay up to 12 months of rent.