Landlord renovation laws

Property renovation can be a headache, but landlords can reap the rewards with a significant boost to the property’s value. Sometimes, renovation might be necessary to complete required property maintenance and keep the tenants safe. Either way, it’s crucial to understand landlord renovation rules and protect tenants’ rights during building work.

This guide will list the key legal principles to bear in mind when renovating a property and answer a common question: can a landlord do renovations while occupied? We’ll also highlight tenants’ rights during building work to ensure the entire process is smooth for all parties involved.

Can a landlord do renovations while occupied?

Yes, a landlord can do renovations while the property is occupied. However, there are several aspects to be mindful of when planning and renovating. Your individual circumstances will determine which regulations apply. If you are unsure about your legal obligations or how to comply with the relevant rules, you should seek legal advice.

Specific terms included in the tenancy agreement can also make a difference to the individual situation. Reviewing and adhering to these terms is essential to avoid potential disputes and legal issues with landlord renovation laws and protecting tenants’ rights during building work.

It also depends on whether it’s a commercial or private property, as there are specific landlord renovation laws for each type of rental. 

Effective communication and cooperation between the landlord and tenant are essential for a smooth renovation process. Landlords should inform tenants of planned renovations in advance, provide a reasonable timeline, and address any concerns or issues that might arise.

If landlords are unsure about tenant’s rights during building work or how to comply with relevant regulations, they should seek legal advice from a qualified professional. This can help avoid potential legal disputes and ensure the renovation project is carried out lawfully and responsibly.

Landlord renovation laws

The entire process of renovating a property can be complex due to the range of landlord renovation laws and legal guidelines in place. These protect their tenants’ rights during building work while giving the landlord room to maintain and improve the property when needed.

The landlord renovation laws state they must give tenants ample time to prepare for the renovations with an advanced notice period. A tenant has a right to “quiet enjoyment” under common law. 

The legal landscape surrounding property renovations can be intricate and challenging to navigate due to the numerous landlord renovation laws and existing legal guidelines. These regulations are designed to strike a balance between protecting tenants’ rights and allowing landlords the necessary flexibility to maintain and improve their properties.

Quiet enjoyment

Landlords have the right to renovate the property, but they must balance this against the tenant’s right to quiet enjoyment. Quiet enjoyment gives the tenant a right to live in their property without unreasonable disturbance from the landlord, letting agents, and work being carried out during renovations. This includes being mindful of the time it takes to complete the property renovation and the conditions during renovations.

Landlords may be breaching landlord renovation laws if they are not complete within a reasonable time frame. The amount of noise and dust must be kept to a minimum, otherwise it would breach tenants’ rights during building work.

Sometimes, the loss of water, electricity and gas might be needed to carry out the renovation, but this kind of disruption also needs to be kept to a minimum. Renovation work should be carried out at reasonable times, and all necessary steps should be taken to minimise disruption to the tenant.

Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018 aims to ensure rented property stays ‘fit for human habitation’. This means the property must be safe, healthy and free from things that could cause serious harm. 

Landlords must always be mindful of this, even when a renovation is not taking place. However, during a renovation, the situation can change regularly, which could consequently lead to a breach of this law. 

For instance, during winter, if the gas supply to the property needs shutting off to carry out renovations, it could result in the house becoming cold and potentially ‘unfit for human habitation’. Landlords should know this and ensure they provide reasonable notice and schedule the work at a suitable time.

How much notice should a landlord give ahead of a property renovation?

For planned renovations, a landlord should give 24-48 hours notice. However, providing more notice where possible is advisable because it will only boost the relationship between landlord and tenant. This could encourage the tenant to stay in the property for a longer period of time and bring a range of other benefits.

The scale of the maintenance work is another factor to consider. If the works are major, landlords must provide a longer notice period to enable the tenant to make any necessary preparations. This could include a kitchen refurbishment. The tenant will need to make preparations, such as removing food from the kitchen and clearing out the cupboards.

Landlord renovation laws during major works

Major works are renovations that significantly impact the property and the tenant’s use of it. This includes extensive repairs, major refurbishments, and structural changes to the building. 

Major works can cover a roof replacement, extensive electrical wiring, knocking through walls or carrying out work to the exterior. This kind of renovation will make it harder to ensure the property remains ‘fit for human habitation’. But they must still consider their tenants’ rights during building work.

The problems to consider include dust, dirt, loud noises and a lengthy time period. The landlord must inform tenants of the nature and extent and give an estimated time frame for any major repairs planned.

Alternative accommodation during renovation work

During major renovation work, there is more potential for landlords to breach the ‘fit for habitation’ law. Conditions may be inhabitable, and health and safety concerns may grow.  

If the tenant is in danger, the landlord should seek alternative accommodation for the tenant. Generally speaking, the landlord should cover the cost of alternative accommodation. Landlords should correctly document all records of this. The tenancy agreement may already state an outcome on this.

Rent reduction

If the property does not need vacating during the renovation work, the tenant might have a reasonable request for a rent reduction. This should be discussed openly between both parties, and the landlord should document any agreement. The tenancy agreement could also dictate an outcome on this.

Do tenants need to consent to renovation works?

Landlords might require consent from the tenant before renovation work takes place. This is most often the case when the building needs significant changes.

If the renovations are sudden and essential, such as a burst pipe, a landlord does not need to get consent from the tenant. The 1985 Landlord and Tenant Act mandates that landlords maintain their rental properties in a satisfactory state of repair. 

A tenant may not need to consent if a renovation is required to carry out a renovation for a sudden problem. However, it’s worth seeking legal advice in a situation like that to ensure proper guidance. It’s good practice to receive consent in writing and communicate clearly throughout. 

Now you understand landlord renovation laws and the answer to the question: can a landlord do renovations while occupied? It’s worth ensuring you are best prepared for any unforeseen incident with your property investment.

Renovations may suddenly be needed due to a problem with the building. The forced renovations can be costly, but CIA Landlords can help you invest in landlord insurance today! At CIA Landlords, we have the expertise to find the best landlord insurance deals suitable for your needs as a landlord. Contact us today at 01788 818 670.