What are a landlord’s legal requirements?
25-05-2023 | Legal Advice for LandlordsThere are a lot of things to take into consideration when renting out your property to tenants, so we’ve put this useful guide. Here, we’ll look at a landlord’s legal requirements so that you feel confident in your role as a landlord. We’ll go through the legal steps you should be taking to ensure that you start your journey as a landlord on the right foot.
A new Renters Rights Bill has been introduced since the change in leadership in England and was put into action on 26 September 2024. The bill highlights the roles and responsibilities of both landlords and tenants.
So, with that in mind, let’s jump into your legal responsibilities as a landlord.
A landlord’s legal requirements
There are a number of things that you need to consider when it comes to a landlord’s legal responsibilities, so we’ll break it down for you here. For starters, you will be required to stay up-to-date and assess your property’s condition every six months to ensure that your property is suitable to live in.
Keeping a safe and habitable property
You must ensure the property is fit for human habitation and free from hazards at the beginning of the tenancy and throughout. To ensure this is done, you need to abide by certain safety regulations, such as fire regulations, PAT testing, ensuring the Fitness for Human Habitation act is taken into account.
Abiding by the provisions of the Tenant Fees Act 2019
The Tenancy Fees Act 2019 bans landlords from charging unfair fees to tenants in connection with a tenancy and also caps tenancy and holding deposits. Essentially, as a landlord, you will need to make sure that you charge your tenants fair fees, including ensuring that the rent you charge is reasonable.
Protecting tenancy deposits in a government-approved scheme
It is a landlord’s legal requirement to make sure that you hold the tenancy deposit in a government-approved scheme. At the end of the tenancy agreement, you’ll have to provide evidence that the tenant has caused damage to the property to the deposit holders in order to withhold funds. You’ll also have to provide the tenant with fair and reasonable deadlines to correct any damage in the first place.
Carrying out gas safety checks every year
You should give a copy of the certificate to the tenant(s) before the start of the tenancy. In addition, make sure you have the gas check updated annually by a professional. This way, you’ll be keeping up-to-date with gas safety checks for your property.
Getting an energy performance certificate
As mentioned above, you’ll need to ensure that your property is as energy-efficient as possible. Since the Minimum Energy Efficiency Standards (MEES) rules were introduced, landlords need to ensure that their properties have an energy rating of E and below.
You’ll be able to find an assessor who will be able to provide your property with an Energy Performance Certificate which will hold a rating for your property.
Having the electrical installations in the property inspected
Having a thorough electrical inspection will keep your mind at ease as well as the tenants. From badly fitted wires to old sockets, having a professional electrician to spot any concerns will help eliminate the risk of damage and harm. This needs to be done every 5 years.
Installing smoke and carbon monoxide alarms
As a landlord, you will need to ensure that you install carbon monoxide alarms in your property. These need to be fitted into every room where solid fuel is used and a gas boiler is fitted. Also, a carbon monoxide alarm should be fitted in any room that uses gas appliances.
Ensuring your tenant has the “right to rent” in the UK
Under section 22 of the Immigration Act 2014 (“the 2014 Act”), you should not allow a tenant to occupy property as their only or main home under a tenancy agreement unless they are a British or Irish citizen, or have a ‘right to rent’ in England.
Giving your tenant the correct contact details
Your tenants have the right to your contact information. If you have a property managing company looking after your property, you can give this information to your tenants.
Make sure you include a telephone number they can use in case of an emergency. Under section 48 of the Landlord and Tenant Act 1987, you are required to provide your tenant with your name and an address, which must be in England or Wales. You’re unable to ask for rent to be paid until you share your contact details with your tenants.
Instead of leaving things to chance, get in touch with our helpful team at CIA Landlords. We can help you find the right landlord insurance policy in no time at all. Contact us today on 01788 818 670.
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