Landlord responsibilities
This information is provided as guidance only and is aimed at highlighting some key regulations associated with letting property. It is not exhaustive of a landlord's full legal responsibility and should not be treated as such. Landlords and tenants are advised to obtain independent legal advice on their legal obligations and rights.
- Tenancy Deposit Protection
- Furniture and Furnishings
- Upholstered furniture and loose or stretch covers
- Beds, sofa-beds, futons, put-u-ups
- Upholstered headboards, mattresses
- Soft furnishings including pillows, scatter cushions, bean bags, seat pads
- Padded stools
- Nursery furniture
- Garden furniture suitable for indoor use
- Furniture in new caravans
- Carpets
- Curtains
- Bedclothes, duvets, pillowcases
- Loose mattress covers, sleeping bags
- Antique furniture or furniture manufactured prior to 1st January 1950
- Smoke detectors
- Gas
- Electrical installations
- Electrical Equipment
- Plugs and Sockets
- Energy Performance Certificates
- Making energy saving improvements can save you money in the long run!
- Stamp Duty Land Tax
- Overseas landlords taxation
- Houses in multiple occupation:
- Disability Discrimination Act 1995 (amended 2006):
All deposits taken by landlords for assured short hold tenancies in England and Wales must be protected by a tenancy deposit protection scheme that is also supported by an alternative dispute resolution service that aims to resolve disputes quickly and at minimum possible cost.
Landlords have the choice between a custodial scheme, the Deposit Protection Service, and two insurance based schemes, Tenancy Deposit Solutions Ltd and the Tenancy Deposit Scheme. The main difference being that under the custodial scheme the landlord pays the deposit into the scheme whereas under the insurance based solutions the landlord retains the deposit and pays a premium to the insurer.
Landlords have the choice between a custodial scheme, the Deposit Protection Service, and two insurance based schemes, Tenancy Deposit Solutions Ltd and the Tenancy Deposit Scheme. The main difference being that under the custodial scheme the landlord pays the deposit into the scheme whereas under the insurance based solutions the landlord retains the deposit and pays a premium to the insurer.
Furniture & Furnishings Regulations 1988 (amended 1989 & 1993)
These regulations provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. Following amendments made to the regulations in 1993 it is now an offence to install any furnishings, whether new or second hand that do not pass a cigarette or match resistant test. Items which comply will have a permanent label attached. All non-compliant items must be removed prior to commencement of tenancy.
The regulations apply to:
These regulations provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. Following amendments made to the regulations in 1993 it is now an offence to install any furnishings, whether new or second hand that do not pass a cigarette or match resistant test. Items which comply will have a permanent label attached. All non-compliant items must be removed prior to commencement of tenancy.
The regulations apply to:
- Building Regulations 1991
All properties built after June 1992 are required to be fitted with mains operated interlinked smoke detectors / alarms on each floor. Maintenance of these devices is the responsibility of the landlord. Although there is no legal requirement for smoke detectors to be installed in other properties, it is considered under common law a duty of care to have them installed and therefore landlords and their agents could be deemed liable should a fire cause injury or damage in a tenanted property that has not got a working smoke detector installed. Where battery operated smoke detectors / alarms are installed in properties built prior to June 1992 landlords are responsible for maintaining the device and ensuring that it is in safe working order prior to the start of the tenancy. Tenants may however be instructed to conduct regular safety tests and ensure that batteries are replaced when necessary and this should be made clear in the lease agreement.
All properties built after June 1992 are required to be fitted with mains operated interlinked smoke detectors / alarms on each floor. Maintenance of these devices is the responsibility of the landlord. Although there is no legal requirement for smoke detectors to be installed in other properties, it is considered under common law a duty of care to have them installed and therefore landlords and their agents could be deemed liable should a fire cause injury or damage in a tenanted property that has not got a working smoke detector installed. Where battery operated smoke detectors / alarms are installed in properties built prior to June 1992 landlords are responsible for maintaining the device and ensuring that it is in safe working order prior to the start of the tenancy. Tenants may however be instructed to conduct regular safety tests and ensure that batteries are replaced when necessary and this should be made clear in the lease agreement.
Gas Safety (Installation and use) Regulations 1998
All gas appliances and associated pipe-work must be inspected and confirmed as safe to use by an approved Capita registered engineer on an annual basis.
A Landlord Gas Safety Certificate must be kept that clearly states the date of the last inspection for every gas appliance and associated pipe-work in the property. A copy should be provided to the tenant at the commencement of tenancy and a renewed certificate forwarded to them annually.
All gas appliances and associated pipe-work must be inspected and confirmed as safe to use by an approved Capita registered engineer on an annual basis.
A Landlord Gas Safety Certificate must be kept that clearly states the date of the last inspection for every gas appliance and associated pipe-work in the property. A copy should be provided to the tenant at the commencement of tenancy and a renewed certificate forwarded to them annually.
Part P Building Regulations (Electrical Safety in Dwellings)
Electrical Installation, Repair and Maintenance of Electrics:
From 1st January 2005 all electrical work in dwellings needs to be either notified to and overseen by the local authority's Building Control Department or undertaken by a competent ˜approved' contractor to ensure works comply with the relevant safety regulations. Contractors must be registered to self certify the works by an approved body such as NICEIC Certification Ltd, BSI, BRE Certification Ltd, ELECSA Ltd or NIC Certification Ltd.
It is the landlord's responsibility to ensure that electrical wiring in a property is safe and that it is in good repair and order (The Landlord and Tenant Act 1985 section 11).
Electrical Installation, Repair and Maintenance of Electrics:
From 1st January 2005 all electrical work in dwellings needs to be either notified to and overseen by the local authority's Building Control Department or undertaken by a competent ˜approved' contractor to ensure works comply with the relevant safety regulations. Contractors must be registered to self certify the works by an approved body such as NICEIC Certification Ltd, BSI, BRE Certification Ltd, ELECSA Ltd or NIC Certification Ltd.
It is the landlord's responsibility to ensure that electrical wiring in a property is safe and that it is in good repair and order (The Landlord and Tenant Act 1985 section 11).
(Safety) Regulations 1994, Consumer Protection Act 1987
All electrical equipment supplied in a property must be safe and comply with regulations. Although there is no statutory requirement for equipment to be safety tested the duty of care remains with the landlord. Landlords should therefore ensure that all electrical equipment is tested prior to commencement of tenancy and at regular intervals thereafter.
All electrical equipment supplied in a property must be safe and comply with regulations. Although there is no statutory requirement for equipment to be safety tested the duty of care remains with the landlord. Landlords should therefore ensure that all electrical equipment is tested prior to commencement of tenancy and at regular intervals thereafter.
Plugs and Sockets etc (Safety) Regulations 1994
Landlords must ensure that all plugs are sleeved and sockets must comply with regulations.
Landlords must ensure that all plugs are sleeved and sockets must comply with regulations.
Since October 2008 landlords offering property for rent in England and Wales have been required by law to provide prospective tenants with an Energy Performance Certificate for their property. In Scotland, Energy Performance Certificates for rental properties have been required since January 2009.
The Energy Performance Certificate has to be provided free before or when written information about the property is provided to prospective tenants or a viewing is conducted.
Energy Performance Certificates are valid for 10 years.
The requirement has been introduced to comply with the EU's Energy Performance of Buildings Directive (EPBD) which applies to all property, including rented property.
Residential properties are usually assessed using the industry agreed standard “Reduced Data Standard Assessment Procedure, that allows some data to be inferred.
Energy Performance Certificates may only be produced by authorised Domestic Energy Assessors (DEAs) who have demonstrated the appropriate qualifications or competence to carry such assessments out. Inspectors collect standard information on the property including its dimensions and construction including style of windows, room sizes, water heating systems, wall, loft and water tank insulation.
Two ratings are given and shown in a graph for the property. The ratings include an overall energy efficiency rating, and an environmental impact rating in terms of carbon dioxide (CO2) emissions - the higher the rating, the less impact on the environment.
Certificates are provided with a recommendation report including a list of measures that would improve the energy rating of the building and an indication of the rating that could potentially be reached should these recommendations be implemented.
The Energy Performance Certificate has to be provided free before or when written information about the property is provided to prospective tenants or a viewing is conducted.
Energy Performance Certificates are valid for 10 years.
The requirement has been introduced to comply with the EU's Energy Performance of Buildings Directive (EPBD) which applies to all property, including rented property.
Residential properties are usually assessed using the industry agreed standard “Reduced Data Standard Assessment Procedure, that allows some data to be inferred.
Energy Performance Certificates may only be produced by authorised Domestic Energy Assessors (DEAs) who have demonstrated the appropriate qualifications or competence to carry such assessments out. Inspectors collect standard information on the property including its dimensions and construction including style of windows, room sizes, water heating systems, wall, loft and water tank insulation.
Two ratings are given and shown in a graph for the property. The ratings include an overall energy efficiency rating, and an environmental impact rating in terms of carbon dioxide (CO2) emissions - the higher the rating, the less impact on the environment.
Certificates are provided with a recommendation report including a list of measures that would improve the energy rating of the building and an indication of the rating that could potentially be reached should these recommendations be implemented.
Energy saving improvements can save you money. Topping up loft and wall insulation, updating heating systems and double glazing and installing new more efficient white goods will reduce fuel bills.
The Government also offer help to landlords wishing to make energy saving improvements for more information visit the websites below.
Under the Finance Act 2003,
The Government also offer help to landlords wishing to make energy saving improvements for more information visit the websites below.
Under the Finance Act 2003,
payable by the tenant for properties that deliver a rental income exceeding £60,000 per annum.
Under the Finance Act 1995, overseas landlords must apply to the Inland Revenue for a Certificate of Self Assessment in order for rents to be paid to them gross. Failure to register and provide a tax approval number would require tax to be taken out at the current rate and paid direct to the Inland Revenue.
Under the Housing Act 2004 houses let in multiple occupation must obtain a license from the local authority. Failure to do so will result in a fine. Houses in multiple occupation are classed as those let out to at least two separate households sharing a kitchen and bathroom. Landlords should check with the local authority whether their property requires a mandatory license. Licensed properties will be subject to inspection under the Health and Safety Rating System. Where necessary a notice will be issued to the landlord if the property fails to meet health and safety standards.
Under the Regulatory Reform (Fire Safety) Order 2005 houses in multiple occupation must have mains linked smoke detectors in communal areas such as hallways and fire blankets and extinguishers in the kitchen.
Under the Regulatory Reform (Fire Safety) Order 2005 houses in multiple occupation must have mains linked smoke detectors in communal areas such as hallways and fire blankets and extinguishers in the kitchen.
Under this legislation a disabled person has the right to request reasonable adjustment to a property to allow them to use the property as an able-bodied person could. The landlord is liable for the expense of making the adjustments and any re-instatement required at the end of tenancy.
Landlords should seek professional advice to ensure they meet their full legal obligations.
