Legalities of a holiday home

If you are planning to buy a rental home, or you're thinking about what to do with one you have just acquired, this is the place for any questions about starting out in the rentals business.
Welsh rose
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Legalities of a holiday home

Post by Welsh rose »

Hi there, sorry if this has been asked before! Can I just double check what the legalities required when renting out a holiday cottage?

1. Fire safety check
2. Electrical testing
3. Gas safety check

Is there anything else I'm missing? And how often do I have to do these tests every year?
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greenbarn
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Re: Legalities of a holiday home

Post by greenbarn »

Welsh rose wrote:Hi there, sorry if this has been asked before! Can I just double check what the legalities required when renting out a holiday cottage?

1. Fire safety check
2. Electrical testing
3. Gas safety check

Is there anything else I'm missing? And how often do I have to do these tests every year?
1 - The requirement is that you have a Fire Risk Assessment in place - review at least annually or whenever you make a change that affects it, eg replacing soft furnishings
2 - You have to be able to demonstrate that you're meeting your responsibilities to your guests for the safety of electrical appliances, and the safety of the electrical installation. Much has been written about formal PAT testing, which is not essential but the easiest way to demonstrate compliance. The installation is typically a five or ten year check, which you will probably need to have done at start up
3 - Don't know (no gas!)

Others include liability insurance cover.
If it's currently a dwelling you made need Change of Use approval from the planning department, and from building control (particularly if any alterations are needed).
Best thing to do is to look at the information here which covers what every rental owner in the UK needs to know and must observe.
newtimber
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Post by newtimber »

And CO alarms if you have any fires/gas/oil.
And smoke detectors.
And legionella risk assessment.
Soft furnishings must have relevant fire safety stickers on them

And the property must be safe - blinds must not strangle children, no dangerous asbestos etc.
Welsh rose
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Post by Welsh rose »

Okay thank you for your help :)
ManxRed1
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Post by ManxRed1 »

I would recommend Public Liability Insurance cover too, but not sure if this is mandatory or not (might be in your mortgage requirements).
Giraffe
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Post by Giraffe »

Re ManxRed1's comment on public liability insurance. I would DEFINITELY recommend you have it. Several years ago I was sued for damages by a holidaymaker who had booked through my agent. She had put her hand through a pane of glass in a window and cut an artery. Claimed she could not work for x months as she was a self employed journalist.

My view was that she was trying it on - the windows were at/below floor level on a landing so she would have had to be lying on the floor to open them. And why they needed to be opened was a mystery. My view was that she was probably larking around or had drunk too much.

Any way, my broker and the insurance company dealt with all of it. It went to court and the judge took 25% off her damages due to partial responsibility. But she received £20,000! None of this worried me as I have £3,000,000 public liability insurance.

Beware if you get sued by 'no win no fee' solicitors. As in my case, they often leave the claim until the last minute allowed by UK law. This gives you only a few weeks to prepare for a court case.

My costs were new windows. As this had happened I had to replace the original 19th century beautiful windows in case some nutcase did it again.

Giraffe x
The best things in life are free
zebedee
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Post by zebedee »

In addition to above, if you have oil eg boiler or central heating or Aga, you need evidence of annual service which includes emissions test. It's similar to having a gas safety check.

Ps, if you have a mortgage, make sure the mortgage provider knows you are letting the property out.
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greenbarn
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Post by greenbarn »

Some interesting information on insurance in a recent blog from Boshers here
akwe-xavante
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Post by akwe-xavante »

I think that what is also important is that you document the things you do every year too.

You can religiously perform all the rigorous fire and general safety tests/checks every week if you wanted to but in the unlikely event that something serious happens you will have to prove that these checks actually took place when you say they were performed be it annually or more often.

The gas safety check is an easy one because the heating engineer will give you a gas safety certificate.

The PAT test is an easy one too because the PAT registered electrician will give you a PAT test certificate.

Produce your own check list of checks relevant to your own property in regards to fire risk assessment and general safety checks and allow for the addition of notes. Sign and date on completion and file away somewhere safe.

Saying "I perform fire risk assessments every year or bi annually every year on such and such a date(s)" to the health and safety executive is not enough without backing it up afterwards with a signed and dated bit of paper.

If you become aware that something has been highlighted as a safety issue or potential fire risk document it as it happens and document what you decided to do about it and then document what was done about it in the end and who did what and when.

Sign and date, file away safely.
Welsh rose
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Post by Welsh rose »

Brilliant! All great advice, thank you all so much! :)
zebedee
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Post by zebedee »

Non of us appear to have mentioned accurate financial records for the tax man in the context of "legal requirements" :oops: :oops: :oops:!!!
ManxRed1
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Location: Polperro, Cornwall, UK

Post by ManxRed1 »

zebedee wrote:Non of us appear to have mentioned accurate financial records for the tax man in the context of "legal requirements" :oops: :oops: :oops:!!!
I've been staring at the SA105 UK proprty notes for most of this week, and am actually staring at them now. :(
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