Legal Responsibilities for Landlords

2024-06-12

Letting a property can be a complex endeavour that requires any landlord to have a thorough understanding of current legislation, responsibilities to ensure tenant well-being, and staying up-to-date with regulatory changes. Being a landlord isn’t always easy, but it can be extremely rewarding.

Being well-informed about what’s required of you means that you can effectively protect your investment, meet your legal obligations, and ensure each tenancy is as stress-free as possible.

Providing Your Tenant with the Information They Need

The law states that, as a landlord, you must provide your tenant with certain essential documents. A copy of the government’s How to Rent Guide is required, as is a Gas Safety Certificate, details of the Tenancy Deposit Scheme you’re using to protect a tenant’s deposit, and your contact details so you can be reached if needed.

Failure to produce any of these documents can mean breaking the law, which in turn means a Section 21 notice is invalid until these issues have been addressed.

Additionally, a landlord is required to ascertain the right to rent, as the law stipulates that a prospective tenant must have permission to be in the country. This means anyone over the age of 18 who is expected to occupy the property must undergo an identity check.

This can be performed by a reputable letting agent, who can validate any acceptable documents. These include a valid UK passport, an EEA passport or identity card, or a permanent residence or travel document that shows an indefinite right to remain.

Equally valid is a Home Office immigration document or a certificate of registration or naturalisation as a British Citizen.

Safety Standards

A responsible landlord must oversee all safety standards, as tenant security is paramount. Current safety standards require a landlord to provide gas, fire, and electrical certificates, ensure risk assessments are carried out, and guarantee a property is fit for habitation.

It’s worth noting, however, that the tenant is also responsible for raising any safety concerns and bringing them to the landlord’s attention.

Fire safety rules are a vital part of a landlord’s remit, and you can be fined or imprisoned if the rules aren’t followed. Electrical wiring and appliances must be regularly checked, and upholstered furniture must be fire-resistant.

Smoke alarms and carbon monoxide detectors are legally required, as is access to escape routes in case of fire.

Protecting a Tenant’s Deposit

Since 2007, the law requires landlords in England and Wales to safeguard tenants' deposits in one of three government-approved tenancy deposit protection (TDP) schemes. These are The Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme, all of which are reliable and trusted.

No landlord is obliged to take a security deposit from a tenant, but it is advised. The majority of tenants are responsible and will treat your property with the utmost respect. However, a deposit provides an extra layer of security should anything unforeseen occur.

Tenant Referencing and Insurance

A background check on a potential tenant is always a good idea, providing proof of income and, ultimately, peace of mind. References from a previous landlord or employer help establish someone’s identity and reliability. It’s important to check references thoroughly to ensure they’re genuine.

Rent Guarantee Insurance covers landlords should a tenant be unable to pay their rent. There are no legal requirements for a landlord to take out this type of insurance, but it’s particularly useful if your rental income pays the mortgage on a buy-to-let property.

For this type of insurance to be valid, a thorough background check on your tenant is expected. The protection it provides, though, is undoubtedly worth the relatively small expense you’ll incur.