Legal Requirements

Protecting your interests                                              

Our objective when renting your property is to protect your interests and maintain your property in good order. We ensure you fully comply with safety regulations and our advise should  minimise your risk.  The maintenance obligations placed by law on the landlord can for some be considered onerous but our job is to guide you through the maze of legislation.

The followings requirements are the responsibility of the owner (Landlord) and in the case of our Management Properties, the requirements are also our responsibility.  We therefore need to ensure compliance is adhered to:-

We will arrange for a Gas Safety Certificate to be carried out at your property, prior to occupation from your tenant and will review the expiration date to provide renewals accordingly if the property is managed by us.  A charge of £70 will be made for this service.

The Smoke & Carbon Monoxide Alarm Regulations 2015

This act requires Landlords to install smoke alarms on every floor of their property and test them at the start of every tenancy. Landlords would also need to install carbon monoxide alarms in high risk rooms such as those where a solid fuel heating system is installed. Those who fail to install smoke and carbon monoxide alarms would face sanctions and could face up to a £5,000 civil penalty.

This would bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.

The Royal Society for the Prevention of Accidents reports that there are approximately 50 deaths per year and over 1100 hospital admissions annually as a result of carbon monoxide poisoning in the UK. Carbon monoxide (CO) is a tasteless, colourless and odourless gas that is produced by incomplete combustion. A common source of CO in a domestic property would be a faulty appliance such as a boiler.

Statistics show that residents of privately rented accommodation account for a much greater proportion of annual carbon monoxide incidents than could be expected. A report by the Gas Safety Trust into carbon monoxide risks per housing sector showed that the likelihood of an incident in privately rented accommodation was significantly higher than that associated with any other housing sector. According to statistics gathered since 1998 residents of rental properties are on average three times more likely to suffer a CO related incident.

Although landlords are already obliged to have a yearly check carried out on any gas appliances, this alone cannot guarantee protection from carbon monoxide. The installation of a CO detector is quick, easy and cheap, and ensures your tenants are protected from what is often referred to as the silent killer . Current advice from the Health and Safety Executive already states that a CO detector should be installed in rental properties, but this has always been down to the discretion of each landlord or letting agent.

From October 2015 it will become law that that any high risk room, i.e. those containing a heating appliance, must have a CO detector installed.  We can organise supply and installation of the preferred longer term smoke alarms for £20 per alarm inclusive and £30 per carbon monoxide detector. These will be fitted as standard and where necessary if shown as missing.

Landlords Periodic Electrical Safety Certificate 

Electrical Inspection Conditioning Report 2020

Since June 1, under The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, landlords in England have been required to have the electrical installations in their properties inspected and tested, at least every five years, by a person who is qualified and competent.

This applied in England to new specified tenancies from July 1 2020 and will apply to all other tenancies from April 1 2021. A new specified tenancy is a tenancy which was ‘granted’ (signed) on or after June 1 2020.

The regulations refer to an electrical safety report being obtained by the person conducting the electrical installation inspection and test.

An Electrical Installation Condition Report (EICR) is used within the industry for this purpose. An EICR is a report carried out to assess the safety of the existing electrical installation within a property and is used to describe its condition. Its purpose is to confirm as far as possible whether or not the electrical installation is in a safe condition for continued service. The EICR will show whether the electrical installation is in a satisfactory or unsatisfactory condition and will detail a list of observations affecting the safety or requiring improvements.

Landlords are required to give all tenants a copy of the EICR within 28 days of it being completed. If the EICR is unsatisfactory (e.g. it has defects with C1, C2 or FI codes), the landlord has a responsibility to carry out any remedial or further investigative work within 28 days of the unsatisfactory report being issued, or any shorter period if specified as necessary in the report, and provide evidence to the tenants and local housing authority that any remedial work has been completed and the electrical installation is now safe for continued use.

Landlords do not need to have another EICR done if the commissioned report was unsatisfactory, but they will need to keep all the supporting certificates for the remedial and further investigative work with the EICR to show the required remedial works have been completed.

The regulations require landlords to have the electrical installations in their properties inspected and tested by a person who is qualified and competent. To determine those who are qualified and competent to undertake the electrical inspection, landlords can either:

• Check if the inspector is a member of a competent person scheme for inspection and testing; or

• Require the inspector to sign a checklist certifying their competence, including their experience, whether they have adequate insurance and hold a qualification covering the current version of the Wiring Regulations and the periodic inspection, testing and certification of electrical installations.

Registered Competent Person Electrical is a single mark and register set up in 2014 following an agreement between all government-approved electrical Competent Person Scheme Operators to raise awareness of electrical safety in the home by simplifying the task of finding and checking a competent, registered electrician.

Legionnaire’s Risk Assessments

There have been a number of changes this year by the Health & Safety Executive (HSE) and Housing Minister.

New regulations in respect of The Approved Code of Practice L8 and “reducing the risk of Legionnaires disease” requires that all rental properties have a Legionella Risk Assessment completed on all rented properties, of which is carried out by a competent person and that all relevant recommendations be immediately complied with.  If we are managing your property, we insist a Legionella Risk Assessment is carried out and made available to the tenant, at a cost of £70, payable by the Landlord.

Unfortunately with local councils becoming more strict on their rules, this is not something that can be ignored due to legal/compliance issues, particularly in relation to tenants health and safety matters, whereby local councils have the power to impose fixed penalty fines up to £500.

The Provisions of the amended act are to ensure health and safety is complied with. Regulations are made up of:-

*         ACoP (l8) The control of Legionella bacteria in water systems

*         HSG274 Part 1, 2 and 3

*         COSHH Regulations

Your Legal Requirements as a Landlord is to appoint a competent person to:-

*         Identify and assess sources of risk (Risk Assessment)

*         Carry out any new risk assessments, only if any changes occur to the hot & cold water services, or if the owner changes

*         Prepare a scheme for preventing or controlling the risk

*         Implement, manage and monitor precautions

*         Keep records of precautions

*         Appoint a person to be managerially responsible

What is a competent person?

A competent person is, as defined by the Health & Safety Executive, is someone who has sufficient training, experience or knowledge and other qualities that allow them to assist you properly, in carrying out the risk assessments and any additional recommendations. The level of competence required will depend on the complexity of the situation and the particular help you need.

Who we will be using as a competent person?

 Leapfrog Lettings have begun working with several Water Hygiene Specialists offering a wide range of water treatment and water hygiene services designed to improve both the safety and cost effectiveness of our customer’s water systems, providing the highest standards in water management, with memberships to the british Occupational Hygiene Society and Residential Landlords Association.

These Risk Assements will be carried out on every newly tenanted property (at change of tenant/occupation) with a maximum period of 3 years.  A certificate will be held on file for our records.

Tenancy Deposit Protection  

It is important to us that Tenants Deposits have the full protection of the Law and because of this, Leapfrog Lettings are members of the Deposit Protection Service.

Under new legislation, from 6 April 2007 all deposits taken from tenants against possible non-payment of rent or damage to a property must now be covered by what is called a Tenancy Deposit Protection. This means that any landlord or agent who takes a deposit for an Assured Shorthold Tenancy must safeguard it in one of the approved tenancy deposit protection schemes.

Under this scheme any deposits paid to Leapfrog Lettings are either sent to the Deposit Protection Services (DPS) or held by the landlord, in an insurance backed account. This ensures that if there is a dispute between the Landlord and the Tenant as to how the deposit should be allocated at the end of the Tenancy both parties can rely upon the DPS to make a binding decision on how the deposit should be allocated.   It has been developed to protect both landlords and tenants and provides an Alternative Dispute Resolution Service, which will ensure any disputes concerning deposits are resolved as swiftly as possible.  You can find out more information at www.depositprotection.com.

Anti-Money Laundering (AML) and financial sanctions requirements

As part of the UK government’s ongoing efforts to combat financial crime, new Anti-Money Laundering (AML) and financial sanctions requirements came into force on May 14th 2025. These regulations will significantly expand compliance obligations for letting agents, requiring them to carry out enhanced sanctions checks on prospective tenants and landlords.

Under the new rules, all letting agents must report any suspected involvement of tenants or landlords with individuals or entities on the financial sanctions list. This includes reporting to the Office of Financial Sanctions Implementation (OFSI) if a “designated person” is suspected or identified, as well as disclosing any related funds or assets. Crucially, unlike previous AML regulations, the €10,000 (£8,300 approx) rent threshold no longer applies, meaning all lettings are now subject to these checks, regardless of the rental value.

Financial sanctions are measures imposed by the government to prevent individuals and entities involved in criminal activities such as terrorism or money laundering from accessing funds or financial resources. These sanctions can include freezing assets and imposing restrictions on financial services.

The new regulations will affect all landlords, whether using a letting agent or self managing their properties. Landlords should expect to provide additional documentation for sanctions checks and we will charge accordingly for each individual tenant and guarantor named on the tenancy agreement (or anyone over 18 ) alongside being checked themselves as the owner/landlord.

Failure to comply with these new regulations could result in significant penalties, including unlimited fines or other enforcement actions.

To prepare for these changes, landlords are advised to:

* Ensure personal and business records are up to date
* Discuss compliance procedures with your letting agent
* Consider conducting their own sanctions checks if managing properties independently
* Stay informed about the evolving sanctions regulations

These changes are designed to enhance oversight and reduce the risks of financial crime in the property market. By understanding and adapting to the new requirements, we can avoid disruptions and ensure continued compliance.

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Useful Links:

Financial sanctions guidance for letting agents

Office of Financial Sanctions Implementation Guidance

UK financial sanctions general guidelines

UK financial sanctions guidance

Financial Sanctions Targets – List of asset freeze targets

Reporting information to the OFSI

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Frequently Asked Questions

Does this apply to all tenants and landlords?

Yes . This applies to all new tenancies from 14th of May 2025 and then renewals and existing tenancies in later phases.

Who needs to be checked?

All landlords, tenants, guarantors and anyone over 18 living at the property, even if they are not paying rent.

When will you contact me?

You will hear from us ahead of time if we require anything from you.

Can you give me an example of the cost?

The cost of the check is £12 per person (inclusive of VAT) and will be invoiced to you once the tenancy has commenced. For example, if you and a partner own a property and let it out to two adults who have a guarantor, you will pay £60 (inc VAT) for the checks to be completed.

Do I have to pay for the check for each property I own?

No. A landlord will just be checked once initially and this report will be uploaded to all of your properties you let through us – over a twelve month period. A single regular check which is monitored, will also need to be reviewed by us over time however. These checks are kept on your file with us, for 5 years.

Do I have to prove who owns the property?

Yes. Landlords will need to provide us with documentation confirming ownership of the rental property.

Which tenancies are affected?

We will roll this out in stages:

New tenancies and new landlords from 14th May 2025
Renewed tenancies shortly after
Existing tenancies when relevant eg change to rent

Any other questions you need answering, please call our Team today on 01287 653334.