Property licensing for landlords and letting agents

For the official definition of these terms, see section 263 of the Housing Act 2004.

The ‘person in control’ of the property may be the legal owner, freeholder or leaseholder of the property.

The ‘person managing’ the property may be the person or company (such as a letting agent or managing agent) who receives the payment of rent from the tenants.

You must let certain people know in writing that you have made this application or give them a copy of it. The people who need to know about it are: 

• any mortgagee of the property to be licensed 
• any owner of the property to which the application relates (if that is not you) i.e. the freeholder and any head lessors who are known to you 
• any other person who is a tenant or long leaseholder of the property or any part of it (including any flat) who is known to you other than a statutory tenant or other tenant whose lease or tenancy is for less than three years (including a periodic tenancy) 
• the proposed licence holder (if that is not you) 
• the proposed managing agent (if any) (if that is not you) 
• any person who has agreed that he will be bound by any conditions in a licence if it is granted. 

You must tell each of these people: 

• your name, address telephone number and e-mail address or fax number (if any) 
• the name, address, telephone number and e-mail address or fax number (if any) of the proposed licence holder (if it will not be you) 
• whether this is an application for an HMO licence under Part 2 or for a house licence under Part 3 of the Housing Act 2004 
• the address of the property to which the application relates 
• the name and address of the local housing authority to which the application will be made 
• the date the application will be submitted

Full details of interested parties that must be served notice of an application are set out in The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006

Furniture and Furnishings Fire Safety Regulations

• The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2010 
• The Statutory Instrument 1988 No. 1324, the Statutory Instrument 1989 No. 2358, the Statutory Instrument 1993 No. 207 and Statutory Instrument 2010 No 2205 
• The Furniture Industry Research Association (FIRA) Guide to the UK Regulations. 

Information 

The responsibility imposed by the Regulations may apply to the landlord or the agent depending on the capacity in which the agent acts for the landlord.  

In general: 

• Where the contract for the letting of the property, including the furniture, is between the owner and the tenant, the landlord is responsible for complying with the Regulations. 
• Where the agent, acting during their business, enters into a contract with the tenant to let furnished property on behalf of the landlord then the agent would have assumed responsibility for complying with the Regulations. 

Application of the Regulations  

The Regulations require that:  

• Furniture and furnishings in accommodation let for the first time since 1st March 1993 must comply with the Regulations;
• Any new, replacement or additional furniture (including second-hand furniture) provided for an existing letting since 1st March 1993 must comply with the Regulations;
• Where a new tenancy was created on or after 1st March 1993, all furniture and furnishings must comply with the Regulations. 

The only exemption for furniture manufactured after 1st January 1950 applies in very specific circumstances relating to provision of furniture before 1st March 1993. If you think this exemption may apply, please contact us for further advice.  

Identifying furniture  

As guidance, the following accepted principles may apply:  

• The Regulations were progressively introduced since November 1988 and all domestic furniture made since March 1990 should be fit for use in let accommodation;
• The best way to assess compliance may be by looking for a permanent manufacturer’s label stating that the item complies with the Regulations together with the warning ‘CARELESSNESS CAUSES FIRE’.

Furniture & Furnishings affected:  

Some products covered by the Regulations:  

• furniture intended for use in a dwelling (e.g. armchairs, sofas, padded seats); 
• beds, headboards and mattresses (of any size);
• sofa-beds, futons and other convertibles;
• nursery furniture;
• pillows, scatter cushions, seat pads, bean-bags;
• garden furniture suitable for use in a dwelling; loose and stretch covers for furniture. 

The Regulations do not apply to:  

• Sleeping bags;
• Bed-clothes (including duvets and pillowcases); 
• Loose covers for mattresses;
• Curtains or carpets;
• Furniture manufactured before 1st January 1950;
• Any furniture the tenant owns and brought to the letting.

Gas Safety Regulations, Information and Conditions 

Gas safety checks are a key responsibility for every landlord. In this article, we cover everything landlords need to know about the Gas Safety Regulations. Find out what your responsibilities are: including what the legal requirements mean, how often you need a gas inspection and when to provide your tenant with a Gas Safety Certificate. 

Regulations

The Gas Safety (Installation and Use) Regulations 1998 

Information 

Landlords need to ensure that all gas fittings and flues in a property are kept in a safe condition. To do this, all gas appliances and flues must be serviced once a year. 

It's important to hold onto all documents that prove a gas appliance has been serviced for at least 2 years. These documents must include: 

• Date of service 
• Address of the property where the appliance or flue is installed 
• Name and address of the property's landlord (or agent) 
• Description of each appliance or flue (including location) 
• A note of any issues found and steps taking to repair 
• Name, signature and registration number of the engineer 

It's up to the landlord to make sure the heating engineer is fully qualified (Gas Safe registered). 

Electrical Safety and Installations Testing Regulations and Conditions 

Regulations

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 

In January 2020, the government announced the much-anticipated introduction of mandatory electrical safety inspections for private landlords. 

The new regulations, titled The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, were officially brought in on 1st April 2020. 

In July 2020, all new tenancies required an EICR. As of 1st April 2021, this requirement applies to all tenancies – new and existing. 

The mandatory electrical inspection regulations set out some duties for landlords. All private landlords in England are required to: 

Landlord Information 

Ensure that the electrical safety standards are met during a period when the residential premises are occupied under a tenancy. 

Ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person (‘regular intervals’ is every five years, unless a report from an inspection and test specifies sooner) 

After the inspection and testing is carried out, landlords must: 

• Get a report from the qualified person carrying out the inspection and test, which includes the results of the inspection and test and the date of the next one (EICR) 
• Supply a copy of the report to each existing tenant on the premises within 28 days of the inspection 
• Supply a copy of the report to the local housing authority within 7 days of receiving a request from the authority 
• Retain a copy of the report to give to the qualified person that carries out the next inspection and test 
• Supply a copy of the most recent report to new tenants and to prospective tenants who request to see it