Deposits from Tenants

Do you let out property as a buy-to-let or are you a tenant? If so, the new rules in force on 6th April may affect you. From that date all deposits taken by landlords for assured shorthold tenancies have to be protected by a new tenancy deposit protection scheme. There are two alternatives - the ‘custodial’ or ‘insured’ scheme.

Christina Smith says – “Under the custodial scheme the tenant pays the deposit to the landlord who then has 14 days to send it to the scheme and give the tenant certain information. At the end of the tenancy the scheme returns the deposit. If there is a dispute over damage, amounts etc. then the scheme will hold the amount until the dispute resolution service or Courts decide what is fair. Under the alternative insurances schemes the tenant pays the deposit to the landlord who retains this amount. However, the landlord must pay a premium to the insurer. Again certain information required by law must be given to the tenant. If there is a dispute then the landlord at that point only hands the deposit to the scheme to deal with and resolve the dispute. If for any reason the landlord fails to comply, the insurance arrangements will ensure the return of the deposit to the tenant if they are entitled to it.

If you need any advice on this or any other property matter call Christina On 029 9221 0170.

New Fire Safety Rules

1st October saw the introduction of new fire safety rules. More than 70 separate rules have been abolished and in their place a unified system which applies to all buildings used by the public (except homes) has been introduced.

The new legislation abolishes fire certificates and in their place requires the appointment of a “responsible person” to ensure compliance. The new rules lay much store on prevention and having procedures to assess risks and reduce them. The main rules are that you must:

• carry out a fire-risk assessment identifying any possible dangers and risks;

• consider who may be especially at risk;

• get rid of or reduce the risk from fire as far as is reasonably possible and provide general fire precautions to deal with any possible risk left;

• take other measures to make sure there is protection if flammable or explosivematerials are used or stored;

• create a plan to deal with any emergency and, in most cases, keep a record of your findings; and

• review your findings when necessary.

The responsibility lies with the person who has control over premises or some control over particular areas of them. Those who work from home may also be affected by the new rules. Contact us for advice if you are unsure as to how the new legislation affects you.

Call Ian Robinson on 02392 862424.