Landlords take note! Tightening of regulations relating to rental properties


Do you currently own and rent a property? Or, Do you intend renting out a property at any stage in the future? If the answer is yes, read on! You need to be aware of the provisions of the Housing (Standards for Rented Houses) Regulations 2008 (“the 2008 Regulations”).

The 2008 Regulations replace and build on the earlier 1993 Regulations governing prescribed standards for rental properties. The new regulations place more onerous obligations on landlords to provide tenants with a property that is structurally sound, properly ventilated, heated and maintained.

In order to assist you in ensuring that you comply with the 2008 Regulations, the main provisions are discussed below.

Commencement

The 2008 Regulations shall apply to all new tenancies from 1st February 2009. The provisions dealing with sanitary and heating facilities, food preparation, storage and laundry shall only affect existing tenancies from 1st February 2013. An “existing tenancy” means one where the property has been let between 1st September 2004 and 31st January 2009.

Key features

• Structural Condition – All houses must be in a proper state of structural repair which means that all properties must be essentially sound, with the roof, all ceilings and floors in good repair, without any serious damp or rot.

• Sanitary Facilities – Each property or unit must have, for it’s exclusive use, a toilet with a dedicated wash hand basin and a fixed bath or shower with a continuous supply of cold water and a facility for the supply of hot water. The bathroom must be separate from other rooms and must be separately ventilated.

• Heating Facilities – Every habitable room (does not necessarily include the kitchen) of the house must have an appliance that provides heat and the house must have adequate facility for the safe removal of any fumes.

• Food Preparation, Storage & Laundry – Each house must have a 4 ring hob with an oven and grill, an extractor fan, a fridge and freezer or fridge-freezer, a microwave, a sink with piped cold water and a facility for piped hot water, adequate presses for food storage, a washing machine, and where there is no garden or yard, a dryer. All must be maintained by the landlord in good working order and repair.

• Ventilation – All habitable rooms must have adequate ventilation. Particular reference is made to the removal of water vapor from the bathroom and kitchen to the external air.

• Lighting – Every habitable room must have adequate natural light and all rooms must have adequate access to artificial light. The windows of all bathrooms should be suitably screened to ensure privacy.

• Fire Safety – Every house should have a fire blanket and either a mains wired smoke alarm or at least two 10-year self-contained battery operated smoke alarms. Every self-contained unit within a multi-unit building should contain a mains wired smoke alarm, a fire blanket and should have an emergency evacuation plan.

• Refuse facilities – Tenants should be provided with access to suitable and adequate pest and vermin-proof refuse storage facilities. The communal refuse facilities in an apartment block are thought to be adequate.

Reminder!

In addition, we would also remind you about your legal obligation to register any tenancy with the Private Residential Tenancies Board and of the need to obtain a BER (Building Energy Rating) certificate for any property for sale or rent (see article in Christmas 2008 Hayes Newsletter for further information on BER Certificates).

For further information, please contact Rachel Rodgers, Solicitor or (01) 6624747.