Real Estate Investor Magazine South Africa March 2015 | Page 58

legal

Demystifying
the Tenant process

Legal obligations for landlords

BY ROSEANNA MCNALLY

T

he legal climate for landlords investing in UK
property for lettings has improved dramatically
over the past few years.
Short term lettings are usually called tenancies.
Residential tenants are most commonly granted a form
of tenancy called an Assured Shorthold Tenancy.
This tenancy can be for any period, but recovery of
the property in the first six months cannot be obtained
unless there is a default. After six months, recovery of
possession does not require any ground to be proven
other than service of a simple notice on the part of the
tenant. Assured Shorthold Tenancies are acceptable to
all major lenders.

gas pipe work, appliances and flues. An engineer
registered with the Gas Safe Register must carry out
this evaluation (visit gassaferegister.co.uk).

You must keep inspection records for at
least two years and give copies of the reports to your
existing tenants within 28 days of each check.

“Assured Shorthold Tenancies are
acceptable to all major lenders.”

3. Electrical installation safety
Electrical installations, like fixed wiring and
electrical appliances (cookers and kettles) you supply
to tenants must be safe and well-maintained.

You must inspect fixed electrical installations
every five years. You must arrange, at least once a
year, for a qualified electrician to do a safety test by
carrying out a Portable Appliance Test (PAT) on
any portable electrical equipment you provide for
tenants.

There are no pre-letting procedures or requirements
but there are some obligations on the landlord which
are implied by the law. These are set out below:

4. Tenancy Deposit Schemes (‘TDS’)
Every deposit taken needs to be protected by a
government licensed Tenancy Deposit Scheme.

1. Repair
The landlord is responsible for maintaining and
repairing:
• The structure and exterior of the property including
drains, gutters and external pipes;
• Installations for the supply of water, gas, electricity
and sanitation including basins, sinks, baths and
sanitary convenience;
• Installations for indoor heating and the heating of
water.

5. Fire Safety
Your tenants must have an escape route from your
properties in case of a fire. You may also have to
provide fire alarms and extinguishers. Furnished
accommodation must comply with fire-resistant
furniture regulations.

2. Gas installation s Y