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Keylet Sales and Lettings Agents Cardiff - Legal Requirements

Furniture & furnishings (Fire) (Safety) reg. 1988 (As amended)

The above regulations were amended in 1993 and have set new levels of fire resistance for domestic upholstered furniture and furnishings. This includes soft furnishings such as mattresses, padded headboards, bed bases, sofas, armchairs etc. To comply with the regulations these types of furniture must be fire resistant and in most cases carry a permanent label to this effect.

We can recommend that you visit www.firesafe.org.uk which has all regulations and labelling.

Non-compliance can mean that you will be found guilty of a criminal offence and face a fine, imprisonment or both.

Gas safety (Installation and use) reg. 1998

These regulations came into force on the 31st October 1998 and re-enact, with certain changes the 1994 Regulations and two subsequent amendments.

They place a duty on the landlord to ensure that all gas appliances, flues and associated pipe work are maintained in a safe condition at all times. These regulations mean that you, as landlord are responsible for ensuring that: All gas appliances (which include any central heating systems, fires, cookers, refrigerators etc.) flues and installation pipe work, which uses mains, propane or calor gas owned by the landlord are checked for safety at least once a year by a member of the Council for Registered Gas Installers (Gas Safety Register) and that accurate records are carried out.

A current safety certificate must be available for all tenants prior to them taking occupation of a property. Also, following the annual check a copy of the new certificate must be given to the tenant within 28 days.

Non compliance can mean that you will be found guilty of a criminal offence and face a fine, imprisonment or both.

Electrical safety (Safety) reg.1994

The above regulations impose an obligation on the 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. We ensure that all electrical appliances and equipment in let properties are checked and serviced on an annual basis by a registered electrician.

Please provide us with a copy of the current electrical safety certificate before registering your property. If you would like us to arrange this on your behalf then we can do so at an additional charge. Please contact one of our advisors for more information.

Smoke Detectors

Building regulations require that all properties built after June 1992 must have mains operated inter-connected smoke detectors fitted on every level of the property. You are advised to provide at least battery operated smoke alarms in older properties.

HMO Regulations and Landlord Licensing

On April 6th 2006 mandatory licensing came into force with the intention of raising the standard of accommodation in Houses in Multiple Occupation (HMO’s). Landlords must register their HMO with the council if the property has 3 (habitable) storeys or more and is occupied by 5 or more people from two or more households. A licensable HMO must meet certain standards for kitchen facilities, bathroom facilities and fire precautions. Please note, all other rental accommodation may still be classed as a HMO. Please refer to privatesectorhousing@cardiff.gov.uk for more information.

You will be advised at the time of rental valuation should your property be subject to the HMO regulations. Applications for a license can be made on line at www.disclosurescotland.co.uk or by telephoning 0870 609 6006 for more information. If you would like us to assist you in the application process then please contact an advisor. There will be an additional charge for this service.

Please be advised, we are unable to register your property without receiving a copy of your license and associated documentation, where applicable.

You can find more information here on our site HMO LICENSES

Energy Performance Assessment

It is a legal requirement for all rental accommodation to have a valid Energy Performance Certificate (EPC) in place before it can be marketed to let. An EPC assesses the energy performance of a property and will need to be carried out by a qualified Domestic Energy Assessor to ensure it meets all legal requirements. Once complete, it will be valid for a period of 10 years.

Please provide Keylet with a copy of the EPC at the time of registering your property. Alternatively, please contact one of our advisors to arrange this on your behalf.

Income tax

Landlords must declare this income on their tax returns. If a landlord does not receive an annual tax return then he or she has a legal responsibility to notify the Inland Revenue if their rental income gives rise to a liability tax. The UK now has a system of Self Assessment. This imposes a considerable burden on individual tax payers and there are financial penalties for those who fail to meet their obligations.

Income Tax is payable on UK lettings irrespective of where you live. However through careful planning and assistance you should be able to avoid paying some or even all of this tax.

You should take professional advice from either an accountant or the taxation department of your bank to find out how to make the most of your income.

Taxes management act 1970

The confirmation of instructions contained in this brochure requires you to confirm that you are the owner of the property and your residency. Should your details indicate that you meet the criteria of a UK landlord it is our duty as a letting agent to deduct tax at 22% from your net rent and forward this to HMRC on a quarterly basis.

If you have been resident overseas for more than 6 months or you are about to move overseas you may be considered a non-resident landlord. However, you must make your own enquiries with HMRC or your accountant if you have one. If, after your investigation you are still classed as a non-resident landlord you can apply for a CAR (previously FICO) number (this is an approval number issued by the HMRC which permits Keylet as a letting agent to pay your full rent due to you with no overseas tax deducted).

Deductions will be made until notification is received from HMRC, upon notification Keylet will advise you of the procedure for claiming a refund of the tax already deducted. In some cases we may be able to apply for the refund on your behalf.