The Law

Money Laundering Regulations 2003


These regulations require estate agents to formally verify the identity of their clients. Prior to taking on your property, Benchmark will need a copy of your photographic ID, such as your driving license or passport and proof of your address.

The Housing Act 1998


Since February 1997, all tenancies that meet the criteria are automatically Assured Shorthold. An Assured Shorthold Tenancy (AST) can be for any length of time, a fixed term or for an ongoing period (from month to month). However, the courts will not usually grant possession before six months therefore we recommend that all initial tenancies are for a minimum of six months.

Criteria for AST


  • The tenant, or in case of joint tenants, at least one of them must occupy the property as their main principle home.
  • The rent must not exceed £100,000 per anum
  • The Landlord must not have be a Resident Landlord
  • The tenant must be an individual

Corporate Lets and Properties with a rental income of more than £25,000 per annum fall outside the Housing Act. In these cases, the agreement is a standard contract between two parties.

Money Laundering Regulations 2003


These regulations require estate agents to formally verify the identity of their clients. Prior to taking on your property, Benchmark will need a copy of your photographic ID, such as your driving license or passport and proof of your address.

Health & Safety

Landlord must meet the health and safety obligations. Failure to do so could result in a substantial fine and even imprisonment.

Every item in the property must comply with the regulations, these items include:

  • Furniture intended for private use in a dwelling
  • Beds, headboard, mattresses, pillows, cushions and seatpads
  • Sofabeds, futons and other convertibles
  • Nursery and children’s furniture
  • Garden furniture suitable for indoor use
  • Covers/Throws for furniture

Exempt items include:


  • Sleeping bags
  • Bed linen, including duvets and pillowcases
  • Loose covers for mattresses
  • Carpets and curtains
  • Furniture and re-upholster furniture made before 1950

Furniture and Furnishings (Fire) (Safety) Regulations 1988


Failure to comply with this legislation can result in six months imprisonment and a fine of up to £5,000.

Electrical Performance Certificate (EPC)


An Electrical Performance Certificate is required prior to the marketing of any property.
Benchmark will not be able to commence the marketing of a property until the EPC is in place. The penalty for not having a valid EPC includes a fine of £200.00 per day up to a maximum of £5,000.

Gas


All gas appliances within the property must be inspected annually by a registered CORGI gas engineer and tenants must be given a copy of the gas safety certificate. Non compliance can result in imprisonment or a fine.

Electrical Equipment

All electrical equipment, including wiring must be safe. Whilst it may not be a legal requirement, we highly recommend that a full electrical inspection is carried out for you rent your property out and thereafter every five years. A Portable Appliance Test should be carried out once a year. Both of these tests should be carried out by a registered NICEIC electrician.

Smoke Detectors Act 1991


All properties built after June 1992 must be fitted with smoke detectors. Any property built after this date must have mains operated smoke detectors on each floor.

Carbon Monoxide

As of October 2015, Landlords will be required by law to install working carbon monoxide alarms in their properties.

Legionella Risk Assessment

It may not be common knowledge, but by law landlords and letting agents have to carry out stringent risk assessments to detect probabilities of Legionnaires ‘disease and if found in any of their properties, then they must carry out the necessary steps to eliminate it. All landlords are legally responsible to carry out the risk assessments. There are currently two guides published by the Health & Safety Executive which outlines an Approved Code of Practice:

Legionnaires’ disease: a brief guide for duty holders http://www.hse.gov.uk/pubns/indg458.pdf

Legionnaires’ disease: The control of legionella bacteria in water systems. http://www.hse.gov.uk/pubns/priced/l8.pdf

Tenancy Deposit Schemes

The Housing Act 2004 introduced a new legislation for the protection of tenancy deposits and the resolution of disputes for Assured Shorthold Tenancies. This piece of legislation came in to effect on the 6 April 2007 and requires that all deposit taken for new tenancies or renewal after this date must be registered with a government back scheme.

Duffin’s Estate Agents use the Deposit Protection Scheme via a custodial scheme. The DPS safeguard the deposit throughout the period of the tenancy and repay the funds to the appropriate parties once the tenancy comes to an end.