Being a landlord comes with a range of legal responsibilities to ensure your property is safe, compliant, and suitable for tenants. Here are seven key areas you need to stay on top of:
1. Electrical Safety
Under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, landlords must have the property’s electrics inspected at least every five years by a qualified professional. This rule applied to new tenancies from 1 July 2020 and existing tenancies from 1 April 2021. The electrical installation must be safe, and landlords must provide tenants with an Electrical Installation Condition Report (EICR) as proof.
2. Fire & Carbon Monoxide Safety
- A smoke alarm must be installed on every floor of the property.
- If the property has solid-fuel appliances (e.g., wood-burning stoves or open fires), a carbon monoxide alarm must also be provided.
- Upcoming regulations will require carbon monoxide alarms for gas boilers as well.
3. Gas Safety
Any property with gas appliances must have an annual gas safety check. A Gas Safety Certificate must be issued and given to the tenant before they move in, with a new copy provided after each annual inspection.
4. Energy Performance (EPC)
Before renting out a property, landlords must provide an Energy Performance Certificate (EPC), which rates the property’s energy efficiency. Since April 2020, all privately rented properties must have a rating of EPC band E or higher (unless exempt). EPCs are valid for 10 years, and you can check a property’s EPC status online at gov.uk.
5. Right to Rent Checks
Landlords must confirm that tenants have the legal right to rent in England before letting a property. The government’s ‘Landlord’s guide to right to rent checks’ is extensive, and many landlords choose to have a letting agent handle this process. Failing to conduct these checks can result in hefty fines or imprisonment.
6. Tenant Deposits
- Any deposit taken from a tenant must be protected in a government-approved scheme within 30 days.
- Landlords must provide tenants with details of the scheme and a prescribed information document.
- Deposit amounts are capped at five weeks’ rent, even for tenants with pets.
7. Financial Responsibilities
Landlords are responsible for:
- Paying taxes (and possibly National Insurance) on rental income. Consulting an accountant or tax specialist is recommended.
- Buildings insurance is mandatory, and additional coverage (e.g., rent guarantee or legal protection) is advisable to protect against unpaid rent, legal disputes, or void periods.
Other Responsibilities to Keep in Mind
- Property Maintenance: Any provided furniture or appliances must be safe, and repairs (e.g., boilers, showers, taps) must be handled promptly.
- Health & Safety: Ensure the property is free from serious hazards throughout the tenancy.
- Blinds Safety: Any provided blinds must be safe by design, without looped cords that pose a risk.
- Legionella Risk: In some cases, landlords must assess and manage the risk of Legionnaires’ disease in the property’s water system.
Top Tip for Landlords
At the start of each tenancy, landlords (or their letting agents) must provide tenants with a copy of the government guide:
‘How to rent: the checklist for renting in England’—either as a printed copy or via email (PDF format) with tenant consent.
By staying compliant with these key responsibilities, landlords can protect both their property and their tenants while avoiding legal complications.
