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Legal aspects of letting

When letting out a property, there are a number of legal and safety requirements that need to be taken into consideration.

It is the responsibility of the landlord to ensure that the property that is being let is safe and is compliant with a variety of safety regulations. Failure to do so could lead to a heavy fine or in extreme circumstances, even imprisonment.

Aston Rowe will liaise with you at the outset of the tenancy to explain your obligations as a landlord and ensure the correct procedures are followed to meet the requirements.

For a full copy of our lettings guide and a full breakdown on a landlord's obligations, please email our lettings team here.

Gas Safety (Installation and Use) Regulations 1998

An annual Gas safety certificate is required when letting your property and a valid certificate is needed throughout the tenancy. This covers all gas appliances, flues and meters and a certificate is to be issued only by a qualified gas engineer. 

Aston Rowe can liaise with engineers to get this done and for managed properties, will ensure this is renewed each year.

Furniture and Furnishings (Fire) (Safety) Regulations

This Act covers all upholstery and upholstered furniture supplied by the landlord in a rented property, to ensure it meets certain fire safety requirements.

New compliant furniture will always carry the correct label indicating that it is legal but it is important to check before the commencement of a new tenancy.

The Electrical Equipment (Safety) Regulations 1994

This Regulation requires that any electrical appliance that is left in a property, is tested for safety by a qualified engineer to ensure it is safe to use and does not pose any risk of fire.

Aston Rowe work with qualified engineers that can carry out any safety tests that are required.

Tax on rental income

Rental incoming arising from a property in the UK is taxable so landlords are advised to seek advice on this matter with their accountant or advisor.

Typically the tax is payable on the profit received, but there are a number of deductible allowances that reduce your liability including mortgage payments, Estate Agents fees, cost of repairs and any wear and tear, insurances and service charges.

Non Resident Landlords

If you live outside the UK and receive income from a property let in the UK, you are still liable for tax under the Income and Corporations Taxes Act 1988 and the Taxation or Income from Land (Non Resident) Regulations 1995.

Your estate agent is required by law to deduct the appropriate tax from rental income until HMRC have given authorisation to pay the landlord without deduction.

If you are going to be living outside the UK you need to complete an NRL1 form, so contact your agent for further details.