Legislation & Safety

Under the Rent Smart Wales scheme launched December 2015:

All private landlords who have a rental property in Wales must now register themselves and the addresses of all their rental properties

Landlords who undertake defined letting or property management activities at a rental property in Wales must apply for a licence.

• If a landlord instructs an agent to manage a property on their behalf, it is the agent not the landlord who must be licensed

• In order to obtain a licence a person must be adequately trained (one day training course), and also declare themselves “fit and proper” (DBS checks will be required with every licence application). Unsuitable people will be unable to manage their properties

All licence holders MUST comply with a Welsh Minister approved Code of Practise containing letting and management standards

Please visit the Rent Smart wales website where you can apply for registration for yourself and your property online before marketing.

Gas

It is a criminal offence to let a property with gas appliances, installation and pipe-work that have not been checked by a Gas Safe Registered Engineer. No tenancy can commence until Payton Jewell Caines is in receipt of a valid Gas Safety Certificate. Please note that this certificate is in addition to an annual boiler service.

The Gas Safety Regulations Act 1994 applies to all gas appliances and equipment including mains, propane or calor gas. It requires that:

• It is a criminal offence to let a property with gas appliances, installation and pipe-work that have not been checked by a Gas Safe Registered Engineer. No tenancy can commence until Payton Jewell Caines is in receipt of a valid Gas Safety Certificate. Please note that this certificate is in addition to an annual boiler service.
• A copy of the gas certificate must be given to the tenant.

The landlord of the property must have a gas safety certificate carried out prior to the commencement of the tenancy by a Gas Safe registered engineer qualified to work on their own type of appliances/systems.

A copy of the gas certificate must be given to the tenant.

The check will relate to:

• Adequate ventilation and flues
• Operating pressures
• Heat output
• Flame combustion
• Escape of gas or dangerous fumes
• Obvious defects
• Where appropriate, the provision of adequate instructions for use of equipment or appliances

Electricity

The Landlord has an obligation to ensure that any such items are supplied as part of a property letting are “safe”, not dangerous and comply with the Electrical Equipment (Safety) Regulations 1994. We expect this certificate to be a compulsory measure in all rental properties in Wales from Spring 2022

The landlord is responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the premises comply with the above regulations. The landlord should also ensure that all electrical installations are safe and have been checked regularly.

Equipment or wiring which is deemed to be unsafe includes defects such as:

• Badly Damaged insulation
• Old or exposed wires, poorly fitted or cracked plugs
• Scorch marked or badly damaged sockets
• Plugs without sleeved insulated pins

Anything which is identified as being potentially unsafe should be replaced immediately with equipment which complies with BS and EC standards.

Furniture and Furnishings

The furniture and furnishings (Fire) (Safety) Regulations 1997 requires that the cover fabric and filling material of the upholstered furniture be made of fire resistant material and be able to pass the “smouldering cigarette” and “match flame” resistance test and carry a label confirming this. Most furniture made after 1990 is compliant with these regulations and have the appropriate labels permanently affixed to them

The regulations apply to all soft furnishings including sofas and cushions. Items of furniture which are exempt from the regulations include:

• Antique furniture or furniture made prior to 1950.
• Carpets or curtains
• Pillow cases, duvets, bed linen
• Loose covers for mattresses

Any item which does not comply should be removed form the property prior to the commencement of a tenancy.

Legionella

Legionnaire’s disease affects approx. 400 people each year in England and Wales. The disease can be fatal. It has been a requirement since March 2012 for Landlords or their Agents to carry out Legionella checks. A Legionella Risk Assessment must be completed and shown to tenants prior to occupancy.

We actively monitor empty properties for the risk of legionella. Tips to avoid Legionella:

• Water in the boiler should be kept at a minimum of 60oC and each outlet above 50oC within a period of one minute of running the water.
• Shower heads and hoses must be dismantled at regular intervals and cleaned and descaled especially between tenancies
• Any water units which are not used regularly should be flushed through at regular intervals – weekly.
• Properties empty over one week, all water pipes, taps and showers must be flushed through

Click here for further information on your responsibilities.