Landlord Information

Below are details and information relating to your responsibilities as a Landlord, such as repairs, health and safety and licensing. If you have any questions or would like to speak to someone in more detail, please contact us using the methods given at the bottom of the page.

Repairs

Under the Landlord and Tenant Act 1985, as a landlord you are responsible for repairs to:

• The structure and exterior of the property
• Sanitary installations (including baths, showers and sinks)
• Heating and hot water installations
• If you are renting out a flat or maisonette, other parts of the building or installations in it which you own or control and whose disrepair would affect your tenant.

Responsibility for other repairs depends on what you have agreed with the tenant. You are not responsible for repairing damage caused by the tenant. The rent you can charge can include a sum to cover the cost of repairs .You cannot pass the costs on to the tenant in the form of a separate service charge.

Safety of gas and electrical appliances

You are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a registered CORGI contractor.

A record of the safety checks must be kept and issued to the tenant within 28 days of each annual check. You are not responsible for maintaining any gas appliances the tenant is entitled to take with them at the end of the tenancy.

You should ensure that the electrical system and any electrical appliances that are supplied with the property, such as cookers or washing machines and immersion heaters are safe to use.

You may find the following links useful:

Fire safety of furniture and furnishings

You must ensure that any furniture and furnishings you supply meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988. The regulations set levels of fire resistance for domestic upholstered furniture. All new and second hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950. Most furniture will have a manufacturer's label on it saying if it meets the requirements.

If you are letting your own property on a temporary basis whilst, for example, you are working away from home, you do not have to meet these regulations.

The Regulations apply if the let is for a longer period or for a series of lets, where the property is not regarded as your home. If you are not sure whether the regulations apply to you, seek advice from the Trading Standards Department of Leicestershire County Council.

The New Housing Health and Safety Rating System

The Health and Safety Rating System replaces the Housing Fitness Standard and came into force on the 6th April 2006 (under the new Housing Act 2004). Please click on the following links for more detailed information:

Houses in Multiple Occupation (HMOs)

The definitions and law changed in respect of HMOs on the 6th April 2006 (under the Housing Act 2004). Houses which are occupied by people who do not live as a single household e.g. bedsits or shared houses with shared facilities, or high risk self contained flats are all part of a new definition of an HMO. You may find the guidelines provided on the DCLG website helpful. For more detailed information on HMOs, you may also find the DASH (Decent and Safe Homes)website useful. For information (including amenity and space standards in section 4/page 10) on licenseable HMO's, please follow the link below for Charnwood Borough Councils protocol.

Amenity Standards

Following on from changes made to the national amenity standards, Charnwood Borough Council has reviewed it policy. Below is revised table of standards relating to bathing,wash hand basins and WCs.

Licensing of HMO's

All HMO's, whether licensable or not, must comply with the HMO Management Regulations.

You may also find the DCLG Guide for Landlords and Managers on Licensing Houses in Multiple Occupation useful.

The change in legislation means that some HMOs will be licensable. At present, Charnwood Borough Council will only be licensing mandatory licensable properties that are:

• Three or more storeys high and
• Have five or more occupants in more than one household and
• Share amenities such as kitchens and bathrooms.

If you are unsure as to whether your property meets the above criteria please fill in the pre evaluation form and return it to the address shown on the form:

Each property that meets the above conditions will require a licence as from of the 6th April 2006. An application form must be completed for each property - see below for details of how to obtain licence forms/s.

Once your form/s have been received by the Council,together with any supporting documentation (i.e. proof of Gold Standard Accreditation – for more details please see Loughborough University’s website) you will be notified of the amount of the licence fee that must be paid in relation to your application(s) (a breakdown of the charges set by Charnwood Borough Council is listed below).

Basic Licence Fee	£500.00
Multiple Properties with the same proposed licence holder.	£500.00 for first property then £390.00 per property thereafter
Properties accredited to the gold standard by Loughborough University	£390.00
Multiple gold standard accredited properties with the same proposed licence holder	£390.00 for first property then £280.00 per property thereafter
Property with more than 6 letable rooms	One of the above charges, plus £10.00 per additional room
Variation on existing licence (eg change in ownership)	£100.00.

Please note that failure to apply for a licence for a licenseable HMO to Charnwood Borough Council could result in financial penalties and in extreme cases prosecution and a fine of up to £20,000.
Landlords also have a responsibility to inform us if any of the properties change usage or become licenseable after July 2006 (for example, you may have converted a loft space for habitation)

For an application form, please contact the Private Housing Section (contact details given below) Alternatively, you can download a blank document . If you need assistance in completing the application form, please select the link below.

Licenced HMO - Public Register

To view the public register of all licenced HMOs in the borough, click on the link below. This list will be updated regularly when new licences are issued.Please also see the guidance notes for information relating to overall conditions for licenced HMOs within Charnwood.

Please note that some information has not been included at this time (breakdown of living areas etc) . This information will be added when the full HHSRS inspections are carried out.

Tenancy Agreements

There are two types of tenancy agreement that you can issue as a landlord – assured and assured shorthold. If you let on a shorthold basis, you can regain possession of your property six months after the beginning of the tenancy agreement, provided that two months notice is given to the tenants

If you let on an assured tenancy, your tenant has the right to remain in the property unless you can prove to the court that you have grounds for possession. You do not have an automatic right to repossess the property when the tenancy comes to an end.
For more advice on providing tenancy agreements, setting rent or general advice on this issue, you may find the following links useful:

Decent and Safe Homes - East Midlands

Decent and Safe Homes (DASH) East Midlands is a project funded by the Government Office of the East Midlands. They work with landlords, tenants and Local Authorities to raise standards in housing.
They are an East Midlands Regional Partnership Project sponsored by the 3 cities of Derby, Leicester and Nottingham. DASH has been formed to help with the introduction of the Housing Act 2004 which will create a fairer and better housing market for all those who own, rent or let residential property while protecting those most vulnerable.

Visit their site and benefit from free Downloads on various subjects including The HHSRS, fire safety risk assessment and electrical safety.

Free training for Landlords and Agents is also provided by DASH . Please click on the links below to see what courses are currently available. They can also be contacted on 01332 256409.

EMPO

In addition DASH offering training and advice to landlords, East Midlands Property Owners Ltd also carry out training and advice. For more information please visit their website. Alternatively, the document below lists training which is available soon.

Landlord Energy Savings Allowance

Although the Landlords Energy Savings Allowance (LESA) was introduced over two years ago, it has recently undergone some changes.

In the recent Budget Statement, further additions were made to help landlords ensure that their properties are energy efficient. The LESA will now include works such as insulation for walls, lofts and hot water systems and draught proofing. The allowance for energy efficiency is currently set at £1500.00 per property and can be claimed back as an expenditure on your self assessment tax form.

For more information on LESA, you should contact your local Inland Revenue Tax Office or HM Revenues & Customs.

You may also find the following websites useful:

Contact Details