Specifically relating to sublet apartments.
(Issued under the terms of Para 9 Third Schedule of the Apartment Leases)
These regulations are issued in addition to the Main Regulations and are not in substitution of them. Should there be any apparent conflict the Main Regulations will take precedence.
All sub-letting of apartments must include a requirement that the sub-tenant complies with all regulations relating to Titanic Mill. It is important that you recognise that your subtenants’ behaviour and adherence to these regulations is your responsibility and you will be called to account for any breach of them.
Details of Sub Tenants
In order to allow a safe and orderly evacuation in the case of an emergency and for reasons of Health and Safety, Security and Administration, we require that the name and contact telephone number and email address of each subtenant is delivered to the Managing Agents prior to the tenant moving into your apartment. The provision of these details is your responsibility and if you have a letting agent please ensure that they are aware that you need them to adhere to this Regulation on your behalf.
If a subtenant leaves, we also require that this fact is delivered to the Managing Agents by the time the subtenant vacates the apartment at the latest.
You must comply with this as failure to comply within 28 days of a notice to do so will automatically raise the issue of an S146 notice which can result in the voiding of your Head Lease and the loss of ownership of the Lease of the apartment.
Appointed Letting Agents
If you use a letting agent to find tenants for or the managing of your apartment, you should make them aware of the Regulations applicable to the Titanic Mill building and that they must comply with the obligations they contain. You are still responsible for complying with the Regulations and therefore it is in your own interests to ensure that the agents you appoint fulfill their duties competently and diligently. (Revised June 2020)
The recommended preventative measures which are in effect for sublet apartments are more stringent than those for owner-occupied apartments and these are summarised on the web page below.
We require all landlords to adopt the provisions on this web page.
In order to establish compliance, a certificate of safety signed by a suitably qualified electrician must be provided to the Managing Agents in accordance with the time scales shown on the above advice page.
From October 2015 the regulations relating to smoke alarms for rented property has been codified by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015. A summary of its provisions are contained on the web page below.
In order to establish compliance completion of the confirmation form on our website, must be provided at the commencement of each tenancy. This is a minimum requirement shown on the above RLA advice page .
The specialist advice we have received is that smoke alarms should be routinely replaced every 10 years.
Portable Appliance Testing (PAT)
In relation to portable electrical appliances, although there is no legal obligation in the case of rented residential accommodation to carry out a portable appliance test (PAT test) and it is left to the landlord’s discretion, in order to maintain the safety of the building, we require that the Electrical Safety Council’s Guidance be adopted. This recommends that portable appliance testing should be adopted to satisfy the obligation to ensure that any portable electrical appliances which the landlord provides under the tenancy are safe at the point of letting, and at periodic intervals after that. (Revised June 2020)
The Guidance recommends that when providing portable appliances for tenants, the landlord should check that every appliance has a CE mark. It also recommends that you should only provide appliances with additional safety marks e.g. the British Standard Guidance mark or the BEAB approved mark.
Tenants should be provided with instruction manuals and be told to read and follow them.
There is detailed guidance regarding the frequency of carrying out PAT testing. PAT testing must only be carried out by a qualified person. Examples of the recommended periods are as follows:
Period of years between PAT tests
Refrigerators/washing machines/electric fires – 4 years
Portable Equipment – table lamps, fans, kettles, toasters, vacuum cleaners -2 years
In order to establish compliance, copies of all PAT certificates must be provided to the Managing Agents.