What Are Your Responsibilities as a Landlord?
Thinking about renting out your property? Here’s a list of checks that fall to you, designed to prevent anyone calling you a “rogue landlord”.
2 minute read
Permission to Let
If you’ve recently bought a house using a mortgage, you’ll need to check the terms and seek permission from your mortgage lender to let the property. Some lenders provide you with a buy-to-let mortgage, while others require you to seek consent to let.
You’ll also need to check with your local authority to see if you need to apply for a landlord licence.
A Safe Environment
You need to make sure your property is fit to live in, i.e., safe and free from any hazards. Wonky stairs, faulty electrics, loose wires and temperamental appliances all have to be rectified before anyone can live in the property. The council may carry out inspections using the Housing Health and Safety Rating System (HHSRS) to determine whether your property needs improvement.
Gas Safety
For gas appliances, the law states that you must make sure these are installed and serviced by a Gas Safe registered engineer. After each inspection, you’ll be provided with a Gas Safety Record or Certificate, which you’re required to give to your tenants. Registered engineers can be found at www.gassaferegister.co.uk.
Electrical Safety
Electrics need to be tested when preparing a rented property and after a maximum of five years has passed. Electricians will issue you with an Electrical Installation Condition Report (EICR), which will detail anything wrong that might give rise to danger which have to be provided to your tenants.
By law, it is your responsibility as a landlord to demonstrate that any electrical installation in your property complies with Part P of the Building Regulations. The Competent Person Electrical Register will detail electricians registered to this government-backed scheme and lists what company they are registered with. They can be found by going to www.electricalcompetentperson.co.uk.
Alarm Bells
Since 2015, landlords have been duty-bound to provide a smoke alarm to each level of the property and a carbon monoxide detector to any room containing a solid fuel burning appliance. These must be tested before the start of any tenancy.
Energy Performance
From April 2018, landlords are required to provide an Energy Performance Certificate (EPC) with their home that meets at least an E rating. Before any tenants can move in, they must be provided with a copy of the property’s EPC. This should be updated after ten years, or after major works on the property.
Right to Rent
If letting in England, you must demonstrate that you have checked your prospective tenants have the right to live in the UK. Any tenant aged 18 or over must be checked, even if they aren’t named on any tenancy agreements. Copies of all checks need to be kept for your records for as long as the tenancy is in effect.
Deposit Protection
A tenancy deposit must be protected and there are several schemes out there that you can use. A letting agency will sometimes cover this for you, but if letting on an assured shorthold tenancy, you’ll need to place the deposit into a government-backed tenancy deposit scheme. Any paperwork for this deposit protection must be supplied to the tenant.
Tenancy
You’ll need a tenancy agreement to set out the legal terms and conditions and the responsibilities of both parties. This can come in many forms, including a written or oral agreement, or a fixed-term or periodic agreement. You need to choose which works best for you.
You must also supply your tenants with The ‘How to Rent’ checklist, found on the www.gov.uk website to your tenants, which outlines what is required by them and you as the landlord.
Taxation
Last, but not least, you’ll need to ensure you pay income tax on your rental income, minus your day-to-day running expenses. HM Revenue and Customs (HMRC) need to be informed and kept up-to-date of all your rented properties and any profits that you may make.
While this may be a lot to take in all at once, your responsibilities as a landlord are there to keep your tenants safe and to avoid any unpleasant fines along the way.
