The duty of care for a landlord – what’s involved?

As a landlord, providing a safe and well-maintained home isn’t just about good practice – it’s a legal duty. The duty of care landlords hold means ensuring that their property remains habitable, free from hazards, and compliant with safety regulations. Whether it’s fixing structural issues, maintaining heating and electrical systems, or responding promptly to repair requests, these responsibilities are key to keeping tenants safe and avoiding legal trouble.

In this guide, we’ll break down the key responsibilities of a landlord, the legal requirements around property maintenance, and practical steps to stay on top of inspections and communication with tenants. Keep reading to make sure you’re fulfilling your duty of care as a landlord while protecting both your tenants and your investment.

Key responsibilities of a landlord

Being a landlord comes with a lot of responsibilities, and staying on top of them not only keeps you legally compliant but also helps build a good relationship with your tenants. Safety should always come first – this means following fire safety regulations, installing smoke alarms on every floor, providing a valid Gas Safety certificate for any gas appliances, and carrying out regular inspections and maintenance. 

Repairs are also a key part of the job, from fixing issues promptly to ensuring vital services like plumbing, electricity, and heating are always in working order. When it comes to security deposits, it’s important to charge a fair amount, follow the legal rules on how they should be handled, and ensure they’re returned properly at the end of a tenancy. 

Landlord insurance is another smart move, helping protect you from unexpected costs if things go wrong. And of course, looking after your tenants is essential – making sure the property is clean and ready when they move in, setting clear expectations in the tenancy agreement, and following The Landlord and Tenant Act 1985, which applies to leases of less than seven years. 

Keep on reading about these responsibilities in more detail, so you know exactly what’s expected and how to stay on top of things.

Legal obligations around property maintenance & safety

As a landlord, it’s your legal duty to ensure your property is safe and well-maintained. That being said, there are some key laws and essential safety requirements that you as a landlord should know. 

Key laws landlords must follow

• The Landlord and Tenant Act 1985 covers your responsibilities for repairs and maintenance, as well as tenant rights.
• The Housing Health and Safety Rating System (HHSRS) ensures properties are free from hazards like damp, faulty wiring, or poor ventilation.

Essential safety requirements

To meet safety regulations, you’ll need to:

• Book an annual gas safety check with a Gas Safe registered engineer and provide tenants with a Gas Safety Certificate.
• Conduct electrical safety inspections every five years, ensuring the property has a valid Electrical Installation Condition Report (EICR).
• Install smoke alarms on every floor and carbon monoxide detectors where required, while keeping fire exits clear.

Additional legal obligations

Beyond safety compliance, there are a few more things you’ll need to take care of:

• Provide an Energy Performance Certificate (EPC) so tenants know how energy-efficient the property is.
• Carry out right-to-rent checks (in England) to confirm tenants are legally allowed to rent.
• Give tenants the official ‘How to Rent’ guide at the start of their tenancy (you can email it to them).

Meeting legal requirements is key to fulfilling your duty of care as a landlord – it builds trust, reduces stress, and protects your investment. Whether managing private rentals, housing associations, or commercial properties, maintaining a safe and compliant home ensures a smoother experience for both you and your tenants. 

The importance of regular inspections & preventive maintenance

Regular inspections and maintenance are essential to fulfilling your duty of care as a landlord. Whether you manage a single rental, multiple properties, or a housing association, it’s your responsibility to keep the property habitable. Proactive checks help catch small issues early, preventing costly repairs and ensuring compliance with legal requirements.

To stay on top of maintenance, here’s a practical inspection checklist covering what landlords should check and how often.

Landlord inspection checklist

Annual checks:

• Gas Safety Certificate: Book a Gas Safe registered engineer to inspect gas appliances every year.
• Smoke & Carbon Monoxide Detectors: Test alarms and replace batteries if needed.
• Gutters & Drains: Clear out debris and check for blockages that could lead to leaks or damp.
• Exterior maintenance: Inspect for cracks, weather damage, or signs of wear and tear.

Mid-tenancy (every few months):

• Damp & mould prevention: Look for moisture buildup, especially in bathrooms and kitchens.
• Plumbing checks: Test taps, toilets, and pipes for leaks or water pressure issues.
• Appliance functionality: Check key appliances (boiler, oven, fridge, washing machine) to ensure they’re in working order.
• General condition: Walk through the property and note any signs of damage or deterioration.

Before tenant move-in/move-out:

• Inventory Check: Document the condition of walls, flooring, fixtures, and appliances.
• Electrical Safety: Arrange for a five-year Electrical Installation Condition Report (EICR) to ensure the wiring is safe.
• Pest control – Inspect for any infestations and take action if needed.

Other key responsibilities

• Energy Performance Certificate (EPC): Make sure your property has a valid EPC.
• Deposit protection: Secure tenant deposits in a government-approved scheme.
• Right-to-Rent Checks: Verify your tenants have the legal right to rent in England.
• Provide a ‘How to Rent’ Guide: This must be given to tenants at the start of their tenancy.

Best practices for landlords

• Keep a record: Document inspections with photos, dates, and notes on any issues.
• Stay in touch with tenants: Let them know when inspections are happening and encourage them to report maintenance concerns early.
• Act fast on repairs: Quick responses prevent minor issues from escalating and show tenants you take their concerns seriously.

By following these steps, you’ll not only protect your property but also maintain a good relationship with your tenants. Meeting your duty of care as a landlord, whether for private, commercial, or housing association tenants, helps ensure your property stays compliant, safe, and hassle-free in the long run.

What happens if a landlord neglects their duty of care?

Failing to meet your duty of care as a landlord isn’t just about dodging repairs – it can lead to serious consequences. From legal action and hefty fines to tenant disputes and reputational damage, neglecting your responsibilities can make property management far more stressful and expensive in the long run.

Compensation claims

If a tenant gets injured or their belongings are damaged due to a problem you failed to fix, they can take legal action. Under the Defective Premises Act 1972, landlords are responsible for keeping their properties safe and habitable.

A tenant can make a claim if:

• They suffer an injury or property damage because of a known defect.
• The property is deemed unfit for human habitation due to disrepair.

In these cases, compensation is designed to put the tenant in the financial position they would have been in had the issue not occurred.

Breach of contract claims

If your tenancy agreement includes maintenance obligations and you fail to meet them, tenants can sue for breach of contract.

• You’re legally responsible for acting on issues you know about or should reasonably be aware of—ignoring them could cost you.
• You’re expected to inspect the property if there’s a chance a problem exists.
• Unlike Section 11 of the Landlord and Tenant Act 1985, tenants don’t have to formally notify you before you’re held accountable for repairs under the Defective Premises Act 1972.

Housing disrepair claims

Under the Homes (Fitness for Human Habitation) Act 2018, tenants can take action if their home is unsafe or unliveable due to disrepair.

A property may be classed as unfit for habitation if:

• It has major structural issues.
• Damp or black mould is present.
• There’s a pest infestation (rats, cockroaches, bedbugs, etc.).
• Drainage, sewerage, or water supply is inadequate.
• There are gas or electrical safety risks.
• Fire hazards (such as combustible cladding) are present.

Each case is judged individually, but the definition of “unfit” keeps pace with modern housing standards.

Local Authority involvement

If tenants report unsafe conditions, local councils have the power to investigate and take legal action. In serious cases, landlords can be fined or forced to make repairs.

Reputational damage

Neglecting repairs and ignoring tenant concerns can quickly damage your reputation. Bad reviews and legal disputes make it harder to find good tenants in the future, ultimately affecting your rental income and long-term success as a landlord.

Staying on top of maintenance isn’t just about following the law, it’s about keeping your tenants safe, protecting your investment, and avoiding unnecessary stress. Addressing issues early on can save you time, money, and legal headaches down the line.

Effective communication with tenants

Clear and open communication is key to maintaining a positive landlord-tenant relationship. Whether managing a residential property, housing association, or commercial lease, landlords have a duty of care to ensure tenants feel heard, supported and informed about maintenance, safety, and expectations.

When things break, how quickly you respond matters. A broken boiler in winter or a leaking pipe needs urgent attention, not just to meet legal obligations but to build trust with tenants and prevent bigger issues later on. 

Setting up strong communication channels

From the start, tenants should know the best way to reach you – whether by phone, email, or an online portal. Including clear maintenance reporting instructions in the lease agreement helps set expectations and ensures prompt issue resolution. Regular updates, such as newsletters or tenant notices, can also reinforce important policies and keep everyone informed.

Responding promptly and following up

Acknowledging maintenance requests quickly – even if only to confirm receipt – goes a long way in building trust. Keeping tenants updated on repair timelines and following up on unresolved issues demonstrates reliability and reinforces your commitment to their well-being.

Using digital tools for efficiency

A tenant portal can streamline communication, allowing tenants to submit maintenance requests, track progress, and access key documents. Automated reminders help encourage prompt reporting, preventing minor issues from escalating. A structured categorisation system also ensures urgent repairs are prioritised appropriately.

Building trust through transparency

Tenants appreciate honesty and consistency. Actively listening to their concerns, maintaining a respectful tone, and explaining maintenance decisions help foster a positive relationship. Whether addressing a minor repair or a major disruption, clear and transparent communication reassures tenants and minimises misunderstandings.

By prioritising effective communication, landlords not only fulfil their duty of care but also create a smoother rental experience for both parties.

Making landlord responsibilities simple and stress-free

Being a landlord comes with a long list of responsibilities, but managing them doesn’t have to be overwhelming. With the right knowledge and support, you can keep your property safe, well-maintained, and legally compliant without unnecessary stress.

Whether you’re a first-time landlord or have been renting out properties for years, our advice centre is packed with practical tips to help you stay on top of everything, from scheduling regular inspections and handling repairs to managing tenant relationships smoothly. You’ll also find expert guidance on legal obligations, security deposits, and ways to avoid common pitfalls that could lead to costly disputes.

For extra peace of mind, we offer tailored landlord insurance plans designed to protect your investment from unexpected costs, including property damage, liability claims, and rental income loss. Get the right cover without breaking the bank. Contact us or get a quote today to find the best plan for your needs!