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Legal Responsibilities of Landlords

Landlords are required to fulfil a number of legal responsibilities:

Landlords must ensure tenants are safe as follows:

  • A smoke alarm must be installed on each floor of the property.
  • Carbon Monoxide detectors must be placed in rooms with a coal fire or wood burning stove.
  • a gas safety certificate for each gas appliance must be available inside the property.
  • to reduce risk of fire, all furniture must meet safety standards and display the appropriate labels.
  • An EICR (electrical inspection condition report) must be undertaken.

Energy Performance Certificate

As a Landlord you will need to purchase an EPC for a property before you let it. From 1st April 2018, the property must have a minimum rating of E on its EPC as it will be unlawful to rent any property which breaches this requirement with a penalty of up to £4,000.

Right to Rent

Landlords have a responsibility to restrict illegal immigrants accessing the private rented sector and so must check that a tenant is legally allowed to reside in the UK. If a landlord does rent out a property to a tenant who does not have the right to rent, the penalty is an unlimited fine and up to 5 years in prison. (There are some tenants who you don't have to check but this depends on types of accommodation).

Information for your tenant

Your tenant must be provided with the landlord’s full name and address, or details of their letting agent. Your tenant must also receive a copy of the Government’s How to Rent guide which gives practical advice about what to do before and during a let.

Protecting a tenant's deposit

Most tenancies are assured shorthold tenancies (AST) and as a landlord you must protect the tenancy deposit with a UK government-approved deposit protection scheme.

A landlord of an AST who doesn’t protect the deposit can be fined and it can make it much more difficult to end the tenancy.

Deposits must be returned in full at the end of the tenancy, unless there is a dispute about damage caused to the property or unpaid rent.

Repairs

Landlords are responsible for most repairs to the exterior or structure of a property. This means that any problems with the roof, chimneys, walls, guttering and drains are the responsibility of the landlord. These could include a cracked window, a faulty boiler, leak in the kitchen or a leaky seal in the window. Landlords are also responsible for keeping the equipment for supplying water, gas and electricity in safe working order.

If you were to use Aubrey & Finn, we will assist with the above if required.