Landlord Responsibilities and obligations
There is a wide range of rules, regulations and legislation that affect landlords, in order to ensure that their properties are safe to live in, and landlords fulfil all their obligations to their tenants. Here is a guide to the main responsibilities and obligations for private landlords.
Your main responsibilities as a landlord
Keep your rented properties safe and free from health hazards
As a landlord you must ensure that the property is safe for human habitation, and is free from any hazards to health. This includes maintaining the gas and electrical appliances, complying with the fire safety regulations and removing any items that could pose a threat to health. Landlords are also legally obliged to respond to requests for repairs, and to give 24 hours notice to tenants of visits to make repairs.
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Gas & electrical equipment safety
It is a legal requirement for landlords to conduct regular gas safety and electrical checks on their properties. The Gas Safety Certificate check should be conducted annually by a gas safe registered engineer.
The Electrical Safety Regulations require a check of the electrical installations in rental properties every five years. Landlords must provide copies of the gas and electrical safety certificates to their tenants.
Energy Performance Certificate
Each building in the UK must be covered by a valid Energy Performance Certificate (EPC). Check if the EPC for your home is still valid, or needs to be updated – for example, if anything has changed that might have affected or improved its energy efficiency. You can arrange a survey from an EPC assessor in your area.
Protect your tenants’ deposit
There is no legal requirement for a tenant to pay a deposit. As an agent we do recommend it. Rather, if the tenant pays a deposit, which is capped at five weeks' rent (Tenant Fees Act 2019), that it must be protected in a government backed deposit protection scheme. What is more, this does not mention a depoist replacement option such as flatfair, which is what we use.
A landlord must also place a tenant’s deposit into a tenancy deposit protection scheme (TDP) within 30 days of receiving it. These are backed by the government and mean that a tenant is guaranteed to get their deposit back as long as:
- They have met the terms of the tenancy agreement
- There has been no damage to the property
- The tenant has paid the rent and bills
Check your tenant has the right to rent
The right to rent means that before a tenancy can be agreed or begin, a landlord must be sure that a tenant is in the UK legally, and has the right to rent a residential property. Checking the immigration status of a potential tenant is a legal requirement for all landlords. Find out more information about the Right to Rent scheme.
The government ‘how to rent’ checklist
The government has produced a checklist for tenants and landlords, providing a detailed guide to every stage of the renting process, including the legal rights and responsibilities of each party. There is also a How to Let’ checklist specifically for landlords.
Ensure your tenant has all the correct documents
Prior to the beginning of the tenancy make sure your tenant has all the correct paperwork. This should include:
- A copy of the full tenancy agreement
- Deposit protection scheme documentation
- Energy performance certificate
- Gas safety certificate
- How to Rent guide
- Electrical Installation Condition Report (EICR)
Fire safety
Landlords should ensure that a range of fire safety measures are in place in their property.
Smoke & carbon monoxide alarms
Smoke alarms must be installed on each storey. There should also be a carbon monoxide alarm installed in any room containing any fixed combustion appliance, except gas cookers. The smoke alarms and carbon monoxide alarms should be tested at the beginning of a new tenancy, and replaced or repaired if found to be faulty.
Fire safety regulations for your property
Tenants should have access to external or internal escape routes, and furniture and furnishings must be made from fire resistant materials. Fire alarms and fire extinguishers are legal requirements in House of Multiple Occupation (HMOs), but private landlords may want to go beyond the legal minimum and provide fire extinguishers irrespective of the type of property they are letting.
Health & safety inspections
Private landlords have a responsibility to ensure that their property is safe to live in, and should do this at the start of the tenancy and as part of regular inspections. This includes checking the structure and exterior of the property such as drains and gutters, the safety of the gas and electrical appliances and the utilities supplied in the property.
If tenants believe that conditions in the property do not meet basic health and safety standards, they can ask their local authority to undertake an inspection. Inspectors can take action against landlords if serious problems are found.
Financial obligations
The landlord is legally obliged to keep the tenant’s deposit safe under the terms of the tenancy deposit protection scheme. When the tenancy ends the deposit should be returned in full within 10 days of the end of the tenancy agreement, assuming the tenant has fulfilled all their financial obligations and there is no damage to the property or missing items from the inventory.
Find out more about letting your property through haart
If you have a property to let, we can help with a range of property management services, advice and information about the lettings process.