Deposits / Regulations
Since April 2007 your Landlord or letting agent has been obliged to protect your deposit using one of the three Government approved Tenancy deposit schemes. The reason for the changes were twofold. Firstly to ensure that if you are entitled to get your deposit back at the end of the tenancy you receive it promptly and secondly to encourage Landlords and tenants to settle their disputes through alternative dispute resolution rather than the courts.
At the start of the tenancy
You still pay your deposit to your Landlord or Letting agent at the start of the tenancy in the normal way. Within 14 days the Landlord or letting agent must provide you with certain prescribed information including:
- Which of the three authorised schemes they are using
- How to apply to get your deposit back at the end of the tenancy
- An explanation of the purpose of the deposit
- What to do if there is a dispute
What to do if your Landlord or letting agent doesn’t provide you with the prescribed information
You can apply to the county court to force your Landlord to protect your deposit. If it is shown that your deposit has not been protected the court must order the Landlord to repay you three times the deposit.
Recording the condition of your rental property
It is expected that the changes will encourage more Landlords to produce detailed inventories including photographs. The inventory acts as a record of the condition of the property at the start of the tenancy. If you are not provided with an inventory you should request one from your Landlord. If it is not forthcoming you would be wise to produce your own photographic record and send a copy to the Landlord.
At the end of the tenancy
If there is no dispute between you and your Landlord or agent the deposit will be divided as per your agreement. The new regulations state that this must be done within 10 days of the tenancy ending.
If a dispute arises
If you cannot agree with your Landlord as to how much of your deposit should be withheld then the two parties have the right to go to alternative dispute resolution. This service is provided free by the scheme protecting your deposit.
Who is running the schemes?
Three companies have been authorised by the Government to run tenancy deposit schemes:
The Deposit Protection Service (The DPS) 0844 4727 000
My Deposits 0871 703 0552
The Tenancy Deposit Scheme (TDS) 0845 226 7837
Your Landlord or Letting agent should tell you which scheme they are using.
Rented residential property is covered by several regulations the most important of which are detailed below.
The Gas Safety (Installation and Use) Regulations 1998
Only a competent and suitably qualified engineer who is
Gas Safe registered is permitted to carry out work on gas appliances. The regulations also stipulate that all gas appliances and flues in rented accommodation must be checked for safety within twelve months of being installed and thereafter at least every twelve months by a competent engineer. This will include items such as the gas central heating boiler, the gas cooker or any gas fires.
Gas Safety Measures
The safety check record is written in triplicate and your Landlord or Letting Agent has a legal obligation to provide you with a copy when requested. If you are an existing tenant you should be given a copy of the new record within 28 days of the annual check.
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended)
The aim of these regulations is to improve safety by requiring all furniture and furnishings in rented properties to meet the "match test" or "cigarette test".
These days new furniture is marked with a display label (a triangle with a smoking cigarette) to show that it complies with this regulation. There should also be a permanent and non-detachable label stating compliance. Bed bases and mattresses are not required to bear a permanent label but compliance will be indicated if the item has a label stating that it meets BS7177.
The regulations apply to all upholstery and upholstered furniture and loose fittings, permanent or loose covers including: beds, mattresses, pillows, armchairs and scatter cushions. You Landlord should replace non-conforming items. Carpets and curtains are excluded from the regulations.
The Electrical Equipment (Safety) Regulations 1994
The regulations state that all electrical equipment supplied should be safe. However there is little detail in the act as to what the definition of "safe" is.
A resposnsible Landlord should check all appliances between tenancies for obvious signs that they are unsafe such as frayed wiring or badly fitted plugs. If you spot any defects of this nature you should report them to your Landlord or Letting Agents immediately.
Where the safe use of the equipment relies upon the user being aware of any particular characteristic you should be provided with the information, normally in the form of an instruction book.
Houses in Multiple Occupation
In April 2006 the government introduced the mandatory licensing
of houses in multiple occupation. As far as mandatory licensing of
rented properties is concerned a house in multiple occupation is
defined as a property which spans over three or more floors and is
shared by five or more people made up of 2 or more families. A
family can be a single person.
In July 2010 Cardiff County
Council also introduced additional HMO licensing in Cathays. You can
read more about additional
HMO licensing here, but if you are renting a house in Cathays
and there are three or more of you resident at the property then it
is likely that you landlord will be required to make a HMO
application. You can contact private sector housing at Cardiff
County Council if you are unsure.
The poor standard of some student accommodation was one of the issues that
encouraged the government to introduce mandatory licensing. Before a property
can be granted a licence it has to meet minimum standards in terms of the number
of bathrooms, toilets, washbasins, showers, cooking and laundry facilities. The
Landlord will also have to show the Local Authority that they are a fit and
competent person to manage the property.
CPS Homes ensure that all of our managed properties meet the required
standard set by Cardiff County Council, and that these standards are maintained
so you can get on with living at the property, rather than worrying about the
safety standards.
Contract info you should know
What will the deposit be?
This typically varies between one months rent and one months rent plus £50 per person, but we will be able to advise you on a house by house basis.
What is the length of contract?
For student houses the contracts run from the 1st July for twelve months, typically with half rent over the summer months July and August being common if you aren’t going to be living there. Outside of student areas the minimum contractor length is six months, although varies from property to property.
Energy Performance Certificates - EPC's
All properties, which are rented out require an EPC (Energy Performance Certificate). This shows your tenants how energy efficient the property is, as well as the carbon dioxide emissions. This must be provided to tenants before the tenancy agreement is signed, and can be enforced by Trading & Standards. An EPC lasts for ten years, although you may wish to have your property re-assessed if you carry out energy saving works. More information can be found from
direct.gov.uk