Any aspiring or actual landlord in the UK has a duty to abide by a number of legal responsibilities and obligations that cover everything from health and safety to who pays for repairs carried out on the property.
This guide is designed to outline some of the legal responsibilities of landlords in London, and the UK that are looking to rent out their property to private tenants.
Contracts
A tenancy agreement or rental contract is not strictly required by law but it is advised. The agreement is designed to set out the rules and obligations of each party, as well as specifying the duration of the agreement and the amount of rent that is payable, and when. Even if there is not a written tenancy agreement in place, there are still rights and responsibilities that both parties are entitled to under law. These include things like safety standards, repairs deposits, and documents required before the property can be rented.
The tenancy can be either fixed term, or periodic which runs on a week-by-week or month-by-month basis.
It is not advisable to rent a property to anyone without any written contract or agreement in place.
Housing Health and Safety Rating System (HHSRS)
The HHSRS is a risk based assessment tool which is used by environmental health officers to assess the likelihood of a hazard in a residential housing unit.
If a landlord does not ensure that his home meets the appropriate health and safety standards, the local council’s environmental health and housing standards team are able to take action against them.
Risks include fire risks, damp and mould, excess cold and head, dangerous electrics, gas and carbon monoxide, pest infestations, and risk of falling. Tenants are able to request an inspection from environmental at any time if they believe that their home is unsafe.
Smoke Alarms and Fire Safety
There are a number of smoke alarm rules for landlords in the UK and It is a legal obligation to ensure that a smoke alarm is stored on each floor of their rental property. It is also required under law that carbon monoxide detectors must be placed in any room which has a coal fire or a wood burning stove.
Whilst it is the responsibility of the tenant to make regular checks to ensure that both are in working order, it is the landlords job to be sure that they are working on the first day of tenancy. It is recommended that checks are carried out on detectors and alarms once a month and faults need to be able to be reported easily to the landlord. If a landlord is renting a flat which opens onto a communal area that is shared with other tenants it is a legal requirement to ensure that there is a fire door in place.
Property owners need to adhere to the Regulatory Reform (Fire Safety) Order 2005 and to ensure that the property meets the required standards of fire safety. Be sure to check what category your rental property falls under, and then to see what additional laws you are expected to abide by in terms of fire safety.
Tenant Deposits
It is common practice for a landlord to take a deposit from a tenant at the beginning of a tenancy but they are legally required to protect a tenant’s deposit. This is to provide security for the landlord in case of any damages, unpaid bills, or missed rent. In the case of any dispute at the end of the tenancy, the money is securely held by the third party until an agreement has been reached. Only then will it be released and returned to the tenant, the landlord, or both, depending on the outcome. It is usually equivalent to two times the monthly rent.
Under UK law, any landlord that wants to rent a property to tenants with an assured shorthold tenancy are required to follow tenancy deposit rules. This means that they are required to place the money in a tenancy deposit protection scheme and provide the tenant with information about the scheme they have used.
There are three scheme providers: Deposit Protection Service, Tenancy Deposit Scheme, and mydeposits and the landlord must ensure the deposit is protected for the duration of the tenancy agreement.
Access to Property Rights
If a landlord wants to enter a property that is being rented, they are obliged to give 24 hours written notice, as per the Housing Act 1988. In addition to this and as usually outlined in standard tenancy agreements, the landlord is only allowed to request access at “reasonable times of the day”, giving the tenant the opportunity to be present and to arrange a witness to be present if required or desired.
British law stipulates that tenants have the right to ‘quiet enjoyment’ of the property as well as to live undisturbed and have privacy. If the tenant explicitly forbids access to the property, anyone who accesses, even the landlord, is considered as a trespasser and could be charged with harassment and trespassing.
Landlords are also not allowed to state in the contract that they have full access to the property, as this would constitute as an illegal clause. The only situation where a landlord can access a property without the tenants permission is with a court order or if there is an emergency/safety issue.
Electricity and Gas Certificates
Landlords are legally required to have a Gas Safety Certificate (CP12) for all appliances that belong to them. The certificate must be presented to the tenant prior to moving in, or within 28 days of doing so- it must also be renewed every 12 months.
The law also states that the electrical installation in a rental property must be safe when tenants move it and must be maintained through the duration of their stay.
A house in Multiple Occupation (HMO) is required to undergo a periodic inspection every five years but it is recommended that even in non HMO properties, a similar evaluation is ordered periodically to ensure compliance with safety standards. It is also required that any electrical appliance provided by the landlord is safe and has the CE marking, which shows it meets EU safety standards.
Repairs
The landlord of a rental property has a duty to ensure that the property is fit to be inhabited and that a general state of repair is maintained for the duration of the tenancy agreement. This includes the structure and exterior such as walls, the roof, foundations, drains, guttering, pipes, windows, and external doors. It also extends to toilets, sinks, baths, basins and pipework, as well as electrical wiring, boilers, radiators, gas fires, electric fires, and fitted heaters.
The responsibility of maintaining these cannot be changed by any clauses inserted into the tenancy agreement and the landlord is not allowed to pass the cost of repair and maintenance onto the tenant.
When notified of any issues, the landlord must repair them in a reasonable time frame. If the situation means that the house is unfit for habitation or poses a risk to the tenants, the landlord is obliged to make arrangements for alternative accommodation until the situation is resolved.
Does it sound like a lot to get your head around? Don’t worry- with decades of experience, D&A Group are on hand to guide you through the process of ensuring that you, and your rental property are in line with the law. Whether you have just one property to let, or a whole portfolio that needs managing, we are accustomed to providing help.
Our team of experts and professionals know the requirements inside out and can advise you on how to be compliant, as well as making sure you don’t encounter any unnecessary legal issues. To speak to a member of staff, contact us today.
