Lettings Legislation

Consumer Protection

Under the Consumer Protection Act, 2008 the Landlord and the Agent have a legal responsibility to fully notify the ‘average consumer’ of anything which is likely to cause them to take a ‘different transactional decision’.

An ‘average consumer’ applies not only to your tenant but also to prospective tenants including anyone enquiring about your property from an advertisement, website, newspaper, To Let board etc.  A ‘different transactional decision’ applies not only to your tenant but also to prospective viewers of your property.  If a viewer travels some distance and then finds that the property is unsuitable because of something which should have been disclosed at the time of booking the viewing appointment.

What should be disclosed?

Put yourself into the consumer’s shoes and think about anything which might put you off renting the property, other than personal opinion (of decor, style etc). Ensure that Wills & Smerdon is notified, at the time of valuation or instruction, of anything which is not obvious and is something a prospective tenant should be aware of prior to viewing.

Some examples:

• Public notices eg: planning applications which would affect the property or neighbourhood
• There is no parking available near the property
• Somebody recently died in the property
• Property backs onto a graveyard
• The property next door is a building site with scaffolding up

Please Note: Wills & Smerdon expect you to notify us of anything you feel could have an effect on the tenant or prospective tenant and we take no responsibility for any actions under the CPR due to negligence for anything which should have been disclosed prior to or during marketing of the property or throughout any tenancy to a tenant whom we introduced to you.

Statutory Repair Obligations

Landlord and Tenant Act 1985 states that, as a Landlord, you need to make sure that both the outside and inside of your property are well maintained and kept to a high level of repair. You must comply with the obligations to repair the Premises as set out in sections 11 to 16 of the Landlord and Tenant Act 1985 (as amended by the Housing Act 1988). These sections impose on the Landlord obligations to repair the structure of the premises and exterior (including drains, gutters and pipes);

• Certain installations for the supply of water
• Electricity and gas
• Sanitary appliances including basins, sinks, baths and sanitary conveniences
• Space heating
• Water heating; but not other fixtures, fittings, and appliances for making use of the supply of water and electricity

Please Note: This obligation for repairs arises only after notice has been given to the Landlord by the Tenant.

Lettings legislation

Make sure you understand your obligation as a landlord