Key Legal Requirements for Landlords 

Tenancy agreements

The contract drawn up between a landlord and tenant is known as the tenancy agreement, outlining the general terms and conditions of renting, the names of all parties involved, the duration, deposit and other obligations. Regardless if it’s a fixed-term or periodic tenancy, it lets the renters live in the property as long as they pay rent and follow the rules, and this agreement can be written down or spoken.

Deposit protection

It’s the legal responsibility of landlords to protect tenants’ deposits in a government-approved Tenancy Deposit Scheme (TDP). This deposit must be made within 30 days of receipt, and landlords must inform their tenants of the scheme details. The main TDP organisations in the UK are Deposit Protection Service (DPS), MyDeposits and Tenancy Deposit Scheme (TDS). Failure to do so could result in significant penalties and fines.

Right to rent checks

Landlords are also required to verify that tenants have the legal right to live in the UK. This process involves checking personal documents, such as passports and visas, and landlords should treat all prospective tenants equally and without discrimination.

Health and safety

It goes without saying that a rental property should be a safe environment in which to live. Landlords must make sure their properties meet key health and safety standards.

In terms of gas safety, acquiring an annual Gas Safety Certificate (CP12) from a registered Gas Safe engineer is required for all gas appliances and installations. A copy of the certificate must be provided to tenants at the start of the tenancy and annually thereafter.

For electrical safety, landlords must have an Electrical Installation Condition Report (EICR) conducted every five years by a qualified electrician. This report must be provided to new tenants before they move in and to existing tenants within 28 days of the inspection.

Lastly, landlords must install smoke alarms on every floor of the property and carbon monoxide detectors in rooms with solid fuel-burning appliances. These alarms should be tested and operational at the start of each tenancy.

Energy Performance Certificate (EPC)

This certificate is a legally valid document that provides information on the energy efficiency of a property, in relation to the property’s running costs. The rating is ranked on an A-G scale, and will take into account the energy performance of its heating, lighting and water services, as well as offering recommendations for improvements and its environmental impact.

Properties must have a minimum EPC rating of ‘E’ to be legally rented out, unless an exemption applies. The certificate is valid for 10 years or until a newer EPC is produced for the same property, and it is recommended that the document is made available to potential buyers as soon as it is marketed for sale or rent.

Repairs and Maintenance

To keep tenants happy and ensure the longevity and success of a rental property, landlords need to maintain the structure and exterior of the property, and ensure that the water, gas, electricity, sanitation, and heating are in good working order. There should be clear and open communications between tenants and landlords; prompt attention and solutions to repair requests will benefit everyone involved.

Tenant information and GDPR

Landlords must handle tenants’ personal information with utmost care and responsibility. Under General Data Protection Regulation (GDPR) guidelines, they must safeguard data and obtain consent for its use – which should only ever be used for matters relating to the tenancy.

Ending the tenancy

If landlords require their tenants to vacate the property, they must give notice in a particular way, which depends on the type of tenancy agreement and its terms. It’s best to check the government website to adhere to the specific legal requirements of each different type of tenancy.

Landlords and tenants should have copies of the original inventory, which can be used to check the property for any damage by the tenants. From this inspection, an agreement can be made as to how much of the deposit will be returned and in what timeframe. Make sure that any property left by the tenant is recorded in a letter and given a final date for collection, before landlords can dispose of the items.

The majority of tenancies end well, with either the tenant giving notice themselves or the landlord giving notice for the tenant leaves within the given time frame. Yet there are rare occasions when the smooth process is disrupted by tenants – through rent arrears, breach of contract or refusing to leave – so it’s important for landlords to regain possession of the property in a law-abiding manner.

Being a landlord is a hugely rewarding occupation; with the right legal responsibilities in place, it’s a lucrative and successful venture. We are experts in the market and legalities when it comes to renting, and can be of assistance to help manage your property. Landlords, get in touch with our team today for advice and to answer any questions you might have.