Tudor Estate Agents - Surveyors and Property Managers

Letting Residential Properties in Wales:

SAFETY REGULATIONS:

The letting of property is closely regulated with respect to consumer safety. The law makes particular demands regarding the safety, servicing and inspection of the gas and electric appliances and installations within a property, and with respect to the type of any furniture and soft furnishings that are also provided. The following regulations apply:

Gas Safety (Installation and Use) Regulations 1994

Furniture and Furnishings (Fire)(Safety) Regulations 1988

Electrical Equipment (Safety) Regulations 1994

The Landlord confirms that he/she is aware of these obligations and that the Agent has provided sufficient information (via explanatory leaflets available on request) to assist with compliance. It is agreed that the Landlord shall ensure that the Property is made available for letting in a safe condition and in compliance with above regulations. Landlord agrees to indemnify the Agent against any expenses or penalties that may be suffered as a result of non-compliance of the Property to fire and appliance safety standards.

The Agents will arrange for the gas system to be serviced by a GORGI registered engineer on an annual basis and the charge of the service will be paid by the Landlord by way of a deduction from rents received. If the Landlord is arranging the service of the Gas System a copy of the 'Landlord's Gas Safety Record' must be forwarded to the Agent and to the Tenant.

Should you require further information regarding the Gas, Electric or Furniture and Furnishings (Fire) Safety Regulations, we recommend you approach:

The Lettings Agent
Trading Standards Office
Environmental Health Office
Health and Safety Executive
The Gas Safety action line, which can be contacted on 0800 300 363
Obtain a copy of the Guide to the Furniture and Furnishings (Fire Safety) Regulations published by the Department of Trade and Industry.
Rent Smart Wales

The above guides are intended to provide a summary of the regulations to the Landlord. It is not an authoritative interpretation of the regulations, which is a matter for the courts.

Gas Safety Regulations 1998:

The Gas Safety (Installation and Use) Regulations 1998 came into force on 31st October 1998, consolidating the three previous sets of regulations and making some additional changes. The regulations contain a number of general provisions relating to the supply and installation of gas appliances and equipment, but there are specific provisions relating to Landlords.

Who must comply?

Any Landlord letting a dwelling on a lease of less than seven years must comply with the regulations. This will
include Occupation contracts and conversion contracts both for a fixed period and periodic. The regulations apply to gas appliances owned by the Landlord and any gas appliance or installation pipework which directly, or
indirectly, serve the property. The regulations initially came into force in October 1994 but have been strengthened by amendments in April and October 1996, and finally by the consolidation in 1998.

What are the requirements?

Ensure instruction books are available at the property for all gas appliances.
Get all gas appliances checked by a Gas Safe registered installer prior to letting the dwelling.
Keep all records of the annual maintenance inspections and of any remedial or other work carried out to the
appliances.
Make sure that the annual inspection check is carried out on an annual basis and that the appliances and
ventilation are reviewed regularly to make sure that they are in good working order.
All smoke alarms must be interlinked and mains powered, with battery backup.
Carbon monoxide alarms must be present in all rooms with a fuel burning appliance (i.e., boiler, cooker or
wood burner, etc.)

It is strongly recommended that heat detectors be installed in kitchens, also.

Ventilation

All gas appliances require adequate ventilation in order to ensure correct working and safety. The Landlord must ensure that adequate ventilation is provided at the dwelling and that care has been taken not to block any ventilation duct.

Electrical Equipment (Safety) Regulations 1994:

Under mandatory plans being introduced by the Welsh government, private landlords will be required to hold a valid electrical installation condition report (EICR) for their dwellings that must be renewed every five years. This is mandatory from the 1st December 2022. ‘The Landlords and Tenants Act 1985’ which requires that all electrical installation within a rented property is safe when a contract begins and is maintained to a safe standard.
What action is required? It is recommended that all the appliances supplied in a property after 1st January 1997 must be marked with the appropriate CE symbol.

Safety – all electrical appliances must be safe. This applies to items of both alternate and direct current which means the Landlord will have to ensure that such appliances as kettles, toasters, irons and television sets are safe as well as fixed appliances such as electric cookers and immersion heaters. Safety includes the lead of the appliance.
Instruction books – manufacturer’s instruction manuals should be provided for each appliance supplied at the
premises. The instructions can either be shown on the appliance, or an instruction book can be supplied. This will help to ensure the safety of the occupant.
Plugs – all plugs must have a safety sheath, be fitted with the correct fuse and appropriately fitted and fixed to the appliance.

What happens if you fail to comply?

The maximum penalty for non-compliance with the regulations is £5,000 and/or three months’ imprisonment if there is a risk of fire to the property or injury or death to an animal. If the risk is to the life of a human being, the penalty may be up to twelve months’ imprisonment.

What should be tested?

The landlord should have all portable and fixed electrical appliances at the property tested. The regulations apply to any electrical equipment between 50 and 1000 volts AC and 75 and 1500 volts DC. This will include:

Kettles
Toasters
Iron
Television Set
Electrical Cooker
Immersion Heater
Wall mounted Electric Heaters

The landlord also has a statutory duty to maintain the mains wiring to the property. It is recommended that the
mains wiring is checked prior to the initial tenancy and again at least every five years in a domestic environment. Under mandatory legislation introduced by the Welsh government in July 2022, private landlords will be required to complete electrical safety checks on their properties every five years.

What should I do?

The Landlord should arrange to have a safety check carried out by a suitably qualified tradesperson prior to the
commencement of the first tenancy and annually thereafter. Fixed installations should also be checked for safety prior to a tenancy commencing and then at five to ten yearly intervals thereafter.

Records should be kept of all appliances tested and checks carried out. Any remedial work carried out to
appliances should also be noted.

Leads on appliances such as irons, toasters and kettles should be checked regularly as worn or frayed leads can be dangerous. Any defective lead should be replaced immediately, or the appliance should be renewed.

All electrical appliances must be supplied with a correctly fused plug fitted to it.

The plugs should be tested prior to the commencement of a tenancy to ensure that no dangerous fuses have
been used during the period of the tenancy.

Instruction books should be supplied for all electrical appliances at the premises if the instructions are not already shown on the appliance. If the landlord does not have the original instruction booklet, he should download a copy from the appropriate website, and confirm to the Agency that has been done.

A Landlords Guide to the Furniture and Furnishings (Fire) Safety Regulations:

New regulations were introduced from October 2025 - The Furtiture and Furnishings (fire) (safety) Regulations 2025.

The regulations concerning furniture in rented property have been tightened to apply to all accommodation available in the residential lettings market, as from 1st January 1997. Landlords letting residential property must ensure that all of the furniture is “fire resistant” to comply with the regulations, otherwise they will be committing a criminal offence. The penalty for this offence is a fine of up to £5,000 and/or six months imprisonment.

What does fire resistant mean?

“Fire resistant” means that the furniture must pass the “ignitability test” as well as the “cigarette test” and the
“match test”. This means that all suitable furniture must have:

Covers which cannot be set alight by applying a lighted match to them
Covers which do not ignite if a smouldering cigarette is applied
Filling materials which pass an ignitability test
Permanent labelling proving that the item complies with the regulations
The filling must comply with the regulations as well as the covers, because it is the toxic fumes from the fillings, which are the cause of death.
Any furniture manufactured prior to 1st January 1950 need not comply with the regulations, as the toxic substances were not used in manufacture prior to that date. Period or antique furniture is therefore exempt.

What furniture must comply?

All upholstered furniture must comply with the regulations. These include:

Three piece suites, armchairs and sofas
Beds, headboards, mattresses, divans and bed bases
Sofa beds, futons and other convertible furniture
Nursery and children’s furniture
Loose, stretch and fitted covers for furniture
Scatter cushions and seat pads
Pillows
Garden furniture suitable for use in a dwelling

The regulations do not apply to:

Bed clothes including duvets
Loose covers for mattresses
Carpets or curtains
Furniture manufactured before 1st January 1950

How can the Landlord tell the furniture complies?

The correct method of displaying compliance is to check that a permanent label is present on all items of furniture. This will apply to new or second hand furniture. Landlords should always check that an item of furniture has a permanent label before making a purchase. Beds and padded bases rarely carry a label, but if the item complies with BS7177, it should meet the required standard.

The Trading Standards department can give guidance, in case of doubt.

Can the Regulations be avoided?

No! It is an offence to either:

Give the furniture to the occupant
Sell the furniture to the occupant
Obtain an indemnity from the occupant that they do not mind that the furniture does not comply
To store the furniture so that the occupant can put it back in the premises
To leave the items off the inventory inferring that they do not exist

What action should the Landlord take?

Do not buy or provide any furniture for a residential letting that does not comply with the regulations. Check that all items carry a permanent label.

Keep all receipts and invoices denoting purchase and if a label becomes detached, keep it in a safe place in case it is
necessary to prove to the agent, the tenant, or other party that the furniture did comply with the regulations.

Ensure that the permanent labels are noted on the inventory.

Smoke and Carbon Monoxide Detectors:

From the 1st December 2022 regulations require smoke alarms to be hard wired interlinked installed in rented residential accommodation and carbon monoxide alarms in rooms with a solid fuel appliance. Changes are also made to the licence requirements in relation to house in multiple occupation (HMOs), such as shared houses and bedsits which require a licence and also in relation to properties which are subject to selective licensing. The Regulations apply to both houses and flats. Failure to comply can lead to a civil penalty being imposed of up to £5,000.

Requirement for Smoke alarms

During any period beginning on or after 1st December 2022 while the premises are occupied under a tenancy (or licence) the landlord must ensure that a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation. A living room will include a lounge dining room and kitchen as well as a bathroom or toilet. It also includes a hall or landing. This means that a smoke alarm must be provided in working order on each storey. The RLA takes the view that mezzanines are caught by this legislation where they contain a room used wholly or partly as living accommodation, including a bathroom or toilet. As regards individual flats located on one floor then there will have to be a least one alarm within the flat itself or alternatively are provided outside the flat on the same floor of the building, i.e. a communal alarm.

Likewise, for flats comprising more than one storey there will need to be a mains fitted interlinked smoke alarm on each floor.

It is the location of an alarm which sounds which is crucial; not the position of detectors.

The Regulations do not stipulate what kind of alarm is required. Ideally it should be a hard wired alarm system. It can, however, be a single standalone alarm. Landlords are recommended by the RLA to fit ten-year long life tamper proof alarms, otherwise there is a problem of batteries being taken out and not being replaced.

As a final note, heat detectors are not considered sufficient. It will have to be a smoke detector.

Carbon Monoxide Alarms

Additionally, landlords must ensure that there is a carbon monoxide alarm fitted in any room that is used partly or wholly as living accommodation which also contains any appliance which burns, or is capable of burning, solid fuel. This would include log and coal burning stoves and open fires, even if they are not normally in use, but does not include gas and oil boilers. If an open fireplace is purely decorative and not useable then it is not covered by the regulations.

Gas is not a solid fuel, and so there is no requirement to fit one near a gas boiler. It is still advisable as best practice however.

Legionnaire’s Disease:

Please see below or consult: Legionella and landlords' responsibilities - HSE

Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing legionella. All man-made hot and cold water systems are likely to provide an environment where legionella can grow.

Assessing and controlling the risks

The practical and proportionate application of health and safety law to landlords of domestic rental properties is that while there is a duty to assess the risk from exposure to legionella to ensure the safety of their tenants, this does not require an in-depth, detailed assessment.

The risks from hot and cold water systems in most residential settings are generally considered to be low owing to regular water usage and turnover. A typical 'low-risk' example may be found in a small building (such as a housing unit) with small domestic-type water systems, where:

daily water usage is inevitable and sufficient to turn over the entire system
cold water is directly from a wholesome mains supply (no stored water tanks)
hot water is fed from instantaneous heaters or low volume water heaters (supplying outlets at 50°C), and where the only outlets are toilets and wash hand basins

A simple assessment may show there are no real risks and these are being properly managed so no further action is needed. It is important to review the assessment in case anything changes in the system.

Implementing simple, proportionate and appropriate control measures will ensure the risk remains low. For most domestic hot and cold water systems, temperature is the most reliable way of ensuring the risk of exposure to legionella bacteria is minimised – keep the hot water hot, cold water cold and keep it moving. Other simple control measures to help control the risk of exposure to legionella include:

flushing out the system prior to letting the property
avoiding debris getting into the system (for example, ensure the cold water tanks, where fitted, have a tight-fitting lid)
setting control parameters (such as setting the temperature of the hot water cylinder (calorifier) to ensure water is stored at 60°C)
make sure any redundant pipework identified is removed

The risk is further lowered where instantaneous water heaters (for example combi boilers and electric showers) are installed because there is no water storage.

What your tenants need to know

Tenants should be advised of any control measures put in place that should be maintained, for example they should:

not adjust the temperature setting of the calorifier
regularly clean showerheads
inform you as the landlord if the hot water is not heating properly or there are any other problems with the system so that appropriate action can be taken

Where showers are installed, these have the means of creating and dispersing water droplets (aerosols) which may be inhaled causing a foreseeable risk of exposure to legionella. If they are used regularly (as in the majority of most domestic settings) the risks are reduced but, in any case, tenants should be advised to regularly clean and disinfect showerheads.

Instantaneous electric showers pose less of a risk as they are generally cold water-fed and heat only small volumes of water during operation.

Additional actions for properties left vacant

It is important that water is not allowed to stagnate within the water system, so there should be careful management of properties left vacant for extended periods (such as properties left empty between occupancies).

As a general principle, outlets on hot and cold water systems should be used at least once a week to maintain a degree of water flow and minimise the chances of stagnation.

To manage the risks during non-occupancy, consideration should be given to implementing a suitable flushing regime or other measures such as draining the system if it is to remain vacant for long periods.

Who can assess the risk?

In most cases, the actions landlords need to take are simple and straightforward so compliance does not need to be burdensome or costly. Most landlords can assess the risk themselves and do not need to be professionally trained or accredited. However, if they do not feel competent, or inclined to do so, they can arrange for someone to do it on their behalf.

More information on Legionella and landlords' responsibilities - HSE

Condensation and Black Mould:

LETTING AGREEMENT:

RENEWALS AND TERMINATION OF AGREEMENTS:

Landlord Fees:

Energy Performance Certificate (EPC):

OVERSEA RESIDENTS:

COUNCIL TAX AND OTHER STATUTORY PAYMENTS:

SERVICES:

SALE OF PROPERTY:

VALUE ADDED TAX:

INSURANCE:

LEGAL PROCEEDINGS:

H M Revenue & Customs

LETTING ONLY SERVICE:

THE TENANCY DEPOSIT:

THE TENANCY DEPOSIT:

We, as your Agent, will request a deposit from the tenant for the following purposes:-

Any damage, or compensation for damage, to the premises its fixtures and fittings or for missing items for which the tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy, insured risks and repairs that are the responsibility of the landlord.
The reasonable costs incurred in compensating the landlord for, or for rectifying or remedying any major breach by the tenant of the tenant's obligations under the tenancy agreement, including those relating to the cleaning of the premises, its fixtures and fittings.
Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the property for which the tenant is liable.
Any rent or other money due or payable by the tenant under the tenancy agreement of which the tenant has been made aware and which remains unpaid after the end of the tenancy.

We are members of the Tenancy Deposit Scheme, which is administered by:

The Dispute Service Ltd
West Wing First Floor The Maylands Building
200 Maylands Avenue,
Hemel Hempstead,
England, HP2 7TG

Phone 0300 037 1001
email deposits@tds.gb.comweb: www.TenancyDepositScheme

The Property Redress Membership Number: PRS011526

If we are/ the Agent is instructed by you/the Landlord to hold the Deposit, we/ the Agent shall do so under the terms of the Tenancy Deposit Scheme.

The Agent holds tenancy deposits as Stakeholder (.if not already specified within the Tenancy Agreement).
At the end of the tenancy covered by the Tenancy Deposit Scheme

If there is no dispute we/the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties.
If, after 10 working days* following notification of a dispute to the Agent/Member and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will (subject to B 4.3 below) be submitted to the I Independent Case Examiner (E f)or adjudication. All parties agree to co-operate with any adjudication.
The statutory rights of either you/the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.
It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.
If there is a dispute I/we must remit to The Dispute Service Ltd the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not you or I/we want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit and discipline me/us.
The Agent/we must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

Dealing with disputes from non-ASTs: The Independent Case Examiner (ICE) may agree to resolve any disputes over the allocation of these deposits, by arrangements. If he does:-

The ICE will propose what he considers the most effective method of resolving the dispute.
Landlord, tenant and agent must consent in writing his proposal.
Disputes will be subject to a fee of £500 + VAT, or 10% of the deposit + VAT, whichever is greater.
The resolution process will not start until the parties' consent, the disputed amount and the fee have been submitted.

Incorrect Information

The Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal proceedings to be taken the landlord agrees to reimburse and compensate the Agent for all losses suffered.

Landlord independently holding deposit outside TDS

If you/the landlord decide(s) to hold the deposit yourself in relation to an Assured Shorthold Tenancy, we will transfer it to you within 5 days of receiving it. You/the landlord must then register it with another Tenancy Deposit Protection Scheme within a further 25 days if the tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against you/the landlord in the County Court. The Court can make an order stating that you/the landlord must pay the deposit back to the Tenant or lodge it with a custodial scheme which is known as the Deposit Protection Service. In addition a further order will be made requiring you/the landlord to pay compensation to the Tenant of between one and three times the amount of the Deposit.
If a landlord fails to meet the initial requirement to protect the deposit, no Section 21 Notice can be served until either the landlord returns the deposit to the tenant in full or with such deductions as the tenant agrees; or if the tenant has taken proceedings against the landlord for non-protection and those proceedings have been concluded, withdrawn or settled (for example, by the court awarding damages being the return of the deposit or a fine not more than three times the value of the deposit).
If a landlord fails to serve Prescribed Information (s)he cannot serve a Section 21 Notice until the Prescribed Information has been served - but this can be more than 30 days after receiving the deposit. This will not prevent a tenant from issuing proceedings for late provision of the Prescribed Information and seeking a penalty award.

Tenants can make an application to a county court for a penalty award even where the tenancy has ended, and can do so for up to six years.

If you/the Landlord decide(s) to hold the deposit and the Tenancy is an Assured Shorthold Tenancy you/the landlord must specify to us/the Agent prior to the start of the Tenancy under which other Tenancy Deposit Solutions you/the landlord must provide proof of membership, together with a copy of the insurance policy before the Deposit can be released. If the Deposit is to be sent to the custodial scheme known as the Deposit Protection Service (DPS) we/the Agent will forward the Deposit to the DPS and register the details of the Tenancy on your behalf OR give you a cheque for the amount of the deposit made payable to the DPS for you to forward within 25 days.