Being a landlord: the legal essentials

There is much more to being a landlord than just buying and letting a property. Landlords have legal obligations to their tenants, just as their tenants do to them. Most of the rules that landlords need to work to are about protecting tenants’ health and safety, or about protecting both landlord and tenant from disputes.
These are the rules that every landlord needs to remember:

Gas safety

Checks on the safety of gas appliances and pipe-work must be carried out at least once a year, made by a registered gas engineer. When a new tenant moves in, the landlord must provide them with proof of the last check. Many landlords choose to put in a carbon monoxide detector as extra protection, although it is not a legal requirement.

Electrical safety

If a property is in multiple occupations (such as a shared house or block of bedsits) then landlords must get an electrician to carry out an electrical safety check every five years. There is no legal requirement on landlords with different types of properties to carry out checks, but it is highly recommended that they do. If wiring is over 15 years old, it’s best to have it checked annually.

Fire safety

Landlords with properties in multiple occupation have to carry out a fire risk assessment, and to provide fire escapes where needed. It is a good idea, though not required, for all landlords to make sure there are working smoke alarms in the property. Any soft furnishings in the property must comply with current fire safety laws. Look for the fire safety label, and if it doesn’t have one, it should be replaced.

Inventory and deposit

Most landlords want to charge their tenants a damage deposit. Legally, these have to be protected in one of the government’s approved deposit schemes. If a landlord holds back all or part of a deposit for damage, tenants are able to challenge them through the scheme. Landlords must take an inventory when each tenant moves in, and get it agreed by the tenant. This can then be used to show whether there has been any damage.

The tenancy agreement

The tenancy agreement is the contract between landlord and tenant. Most tenancy agreements are for an Assured Shorthold Tenancy. These specify a fixed-term for the tenancy, usually 6 months or a year. After that, the tenancy can continue if both parties agree, but the landlord has a right to take back possession of the property if they want to. The agreement should define how much the rent is, landlords and tenants responsibilities for upkeep (such as cleaning and maintenance), and whether landlord or tenant is responsible for paying council tax and utilities bills.

Repairs and maintenance

Landlords are required by law to make sure that a property is kept in a good state of repair. Tenants can be asked to be responsible for much of the interior of a property, but landlords must make sure they keep the structure of the building well-maintained. Landlords insurance, while not required by law, is essential.

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