Legal Responsibilities of Landlords

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Before letting a room or property, landlords and agents must conduct a legal right-to-rent check on your immigration status and that of any cohabitants.

You’re a landlord if you rent out your property. As a landlord you must:

Landlords must ensure rented properties are safe and free from health hazards.
Gas and electrical equipment should be safely installed and maintained.
An Energy Performance Certificate for the property must be provided.
Tenants’ deposits should be protected in a government-approved scheme.
In England, landlords must verify tenants’ right to rent the property.
Provide tenants with a copy of the How to Rent checklist at the start of their tenancy.

Start of tenancy information

At the beginning of your tenancy, the landlord must provide:

An energy performance certificate (EPC), excluding lodgers.
A gas safety certificate for homes with gas appliances.

For assured shorthold tenancies starting or renewed from 1 October 2015, landlords must also supply a copy of the How to Rent guide.

Tenancy deposits

Your landlord must protect your tenancy deposit in a deposit protection scheme if you’re an assured shorthold tenant.

If your deposit should have been protected but wasn’t:

you can claim compensation
it can be more difficult for your landlord to end your tenancy

Lodgers’ deposits don’t have to be protected.

Your landlord should return your deposit when your tenancy ends unless they have a reason to make deductions.

Repairs

Your landlord is accountable for most repairs in your residence.

If your landlord requires access to inspect the property’s condition, they should:

Provide written notice of at least 24 hours
Schedule a mutually convenient visit time

Health and safety

Your landlord’s responsibilities include:

Scheduling gas safety checks annually by a Gas Safe registered engineer.
Ensuring the safety of wiring and electrical appliances.
Installing smoke alarms on every floor and carbon monoxide detectors in rooms with a coal fire or wood burning stove.

Note: Smoke alarms are not necessary if you reside with your landlord.

Rent and rent increases

Your landlord is obligated to communicate the timing and method of rent payment. For weekly payments, a rent book must be provided.

Rent increase regulations vary based on your tenancy type. Additionally, landlords may enforce fair usage clauses for utility bill inclusion, potentially resulting in increased payments.

Letting you enjoy your home

Your landlord is required to ensure that you can reside in your home without unnecessary interference. They must refrain from entering your property without your consent or engaging in any behavior that may disrupt your peaceful living conditions.

Eviction rules

Eviction involves a legal procedure with three main stages: notice, court action, and eviction by bailiffs. If your landlord or agent fails to adhere to this legal process, it could constitute an illegal eviction. However, if you’re a lodger living with your landlord, your rights may be more limited.

Fire safety

You are accountable for installing and testing smoke alarms and carbon monoxide alarms. Additionally, ensure compliance with fire safety regulations for properties in purpose-built flats or houses converted into flats.

Health and safety inspections

The council employs the Housing Health and Safety Rating System (HHSRS) to ensure residential properties within its jurisdiction meet safety standards. This entails inspecting properties for potential hazards like uneven stairs. If you’re a landlord, the council may conduct an HHSRS inspection if tenants request it or if the property is flagged as potentially hazardous during a survey of local properties.

HHSRS hazard ratings

Inspectors evaluate 29 health and safety areas, categorizing hazards as either category 1 or 2 based on their severity. Upon receiving enforcement notices from the council, you’re obligated to take action, with the option to appeal.

If a serious hazard is identified, the council may issue an improvement notice, undertake repairs at your expense, or restrict property usage.

Financial responsibilities

You have to pay the following tax and National Insurance:

Income Tax on your rental income, minus your day-to-day running expenses
Class 2 National Insurance if the work you do renting out property counts as running a business

– If you only occasionally rent out your property or part of your home (for example through short-term rental apps), check if you need to tell HM Revenue and Customs (HMRC) about this income.

– If you have a mortgage on the property you want to rent out, you must get permission from your mortgage lender.