What are the legal requirements for a landlord?

When renting out a property, landlords must meet a range of legal requirements to maintain compliance with health and safety laws and maximise tenant safety. Read about what the requirements are to become a landlord below:

Landlord registration and licensing

In some parts of the UK, landlord registration is a legal requirement. For instance, all landlords in Scotland and Wales must register with their respective government bodies. In England, licensing is necessary if you are letting out a House in Multiple Occupation (HMO). You may also need additional licensing if your local council mandates it for specific property types or areas.

Licensing helps ensure that properties meet safety and management standards. To determine whether your property requires a licence, check with your local council. Registration is straightforward, but failing to comply can result in hefty fines.

Property safety and health standards

Maintaining a safe property is a legal requirement for landlords, primarily enforced through the Housing Health and Safety Rating System (HHSRS). This system outlines various property safety and health standards that landlords must meet before their properties will be considered safe for tenants. These regulations cover a range of aspects, including gas, electrical, and fire safety, each with specific obligations for landlords.

• Gas safety: Every year, landlords must carry out an annual gas safety check by obtaining a Gas Safety Certificate from a Gas Safe-registered engineer. This check verifies that all gas appliances, fittings, and flues are safe and in proper working order. Without this certificate, landlords risk penalties and compromise tenant safety.
• Electrical safety: For electrical safety compliance, landlords are required to secure an Electrical Installation Condition Report (EICR) every five years. This report verifies that the property's wiring and electrical systems meet the required standards and are safe for use. An up-to-date EICR helps landlords to identify any potential hazards and address them promptly.
• Fire safety: Fire safety regulations require landlords to install smoke alarms on every floor of their property and a carbon monoxide alarm in rooms with solid fuel-burning appliances, such as wood burners. Additionally, landlords must provide fire alarms and escape routes in HMOs. For these properties, other measures, such as fire extinguishers and emergency lighting, may also be required to comply with fire safety regulations.

Right to Rent checks

The Right to Rent scheme requires landlords in England to confirm that prospective tenants have the legal right to reside in the UK. This process involves verifying documents such as passports, residence permits, or other forms of identification accepted by the government before entering into a tenancy agreement. The purpose of these checks is to comply with immigration laws and to prevent unlawful letting.

When conducting Right to Rent checks, landlords should obtain original versions of the necessary documents and verify them in the presence of the tenant. It is also advisable to make copies of these documents and retain them for the duration of the tenancy, along with a record of when the checks were conducted. This documentation can serve as proof of compliance should it ever be required.

Failing to carry out Right to Rent checks properly may result in penalties, including fines or even criminal charges in certain cases. As a landlord, keeping a thorough record of all checks helps demonstrate that you have met your legal obligations under the scheme. It also ensures that you have an accurate record of the tenants who reside in your property, which is a practical part of managing tenancies in accordance with the law.

Tenancy Deposit Protection

When you take a deposit from a tenant, you must protect it within 30 days using one of the three government-approved schemes: Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme. These schemes are designed to safeguard both landlords and tenants by storing tenancy deposits safely with a third party, so that they can be returned appropriately at the end of the tenancy.

In addition to securing the deposit, landlords must provide tenants with specific information about where their deposit is held and how they can claim it back. This information, known as the Prescribed Information, includes details about the scheme the landlord has used, the address of the rental property, and contact details for both landlord and tenant. By fulfilling this requirement, you comply with tenancy deposit protection regulations and establish a transparent relationship with your tenants.

Failing to protect the deposit or to provide this information can lead to penalties, such as fines of up to three times the deposit amount. It can also affect your rental income, as you may be restricted from evicting tenants using the Section 21 process until the deposit is properly protected.

Tenancy agreements and documentation

A written tenancy agreement is not just good practice but a fundamental part of landlord obligations, as it sets out the terms of the tenancy clearly for both parties. This document helps to establish the rights and responsibilities of both landlord and tenant, so that everyone understands their commitments from the outset.

Alongside the tenancy agreement, landlords are legally required to provide tenants with several other documents as part of their obligations:

• How to Rent Guide: Issued by the government, this guide must be given to tenants in England before they move in. It outlines the rights and responsibilities of tenants and provides essential information on renting in the private sector.
• Energy Performance Certificate (EPC): An EPC is necessary for all rented properties. It offers details about the property’s energy efficiency and helps tenants make informed decisions about their potential energy costs.
• Gas Safety Certificate: Landlords must share this certificate with tenants each year to confirm that gas appliances and installations are safe and have been inspected by a qualified engineer.

Failure to provide these documents can lead to difficulties in enforcing the terms of your tenancy agreement and may result in penalties. As part of your landlord obligations, keeping these documents available and up-to-date not only protects your tenants but also reinforces your compliance with legal requirements.

Repairs and maintenance obligations

As part of the legal requirements for landlords, there is a duty to keep the property in a good state of repair. This responsibility includes addressing issues with the property’s structure, heating systems, and utilities. Carrying out repairs promptly not only helps maintain a habitable environment but also fulfils the legal responsibilities of landlords, as outlined in tenancy agreements and relevant legislation.

Ignoring maintenance requests can lead to tenant claims for compensation or even legal action. To avoid these situations, it is advisable to address repairs as soon as they are reported. Regular upkeep and attention to repairs are practical steps that help landlords meet their obligations and prevent potential disputes. This approach demonstrates a commitment to fulfilling the legal responsibilities of landlords while providing tenants with a safe and well-maintained property.

Eviction procedures and notices

Evictions must be handled carefully and in line with the landlord legal requirements outlined above. In England, there are specific notices and procedures that landlords must follow. Typically, a Section 21 notice is used for a no-fault eviction, and allows landlords to regain possession of the property at the end of a fixed-term tenancy without providing a specific reason. Alternatively, a Section 8 notice is applied when tenants have breached the terms of their tenancy, such as by failing to pay rent or engaging in prohibited behaviour.

Each notice has specific grounds and notice periods that must be adhered to, and these vary depending on the situation. For example, Section 8 notices require landlords to provide detailed reasons and evidence to support the eviction, while Section 21 notices are more straightforward but still require strict adherence to timelines and documentation.

Attempting to evict tenants without following the correct eviction procedures and notices can lead to accusations of illegal eviction, which could result in serious legal repercussions. Failure to comply with these requirements may result in fines or legal actions that could affect a landlord’s ability to manage other properties.

Seek professional advice

Navigating the legal requirements for landlords can be complex, particularly as regulations change over time. Seeking advice from specialists can help you stay compliant and address any queries specific to your situation.

At AST Assistance, we understand the challenges landlords face. Our team can help you work through your legal obligations and offer tailored guidance. A little assistance now can prevent costly issues in the future, leaving you free to focus on managing your property. Contact us by calling 01706 619 954 or by using our contact form.