Landlord responsibilities

If you have just started off as a landlord or you are thinking about becoming one, it is key that you know what your responsibilities are. There are numerous books and articles on the internet that you can read up on but we wanted to produce a 9 point check list which will help any new landlord or if you are an experienced landlord may just prick your ears up and make you double check things. e.g. is that gas certificate in date?

 

1.   Buildings insurance

To insure the property to its full value against loss or damage. It is key that you have valid buildings insurance because you need to be covered and you need to understand your buildings insurance terms and conditions. Some buildings insurance have restrictions if a property is empty or has been empty for a period of time. Please make sure you are aware of the terms and conditions of your policy and you are comfortable with them. If you are not, we strongly advise you to shop around!

 

2.   Meeting safety standards

Landlords have legal obligations to ensure the safety of tenants. They must:

  • Get a gas safety certificate for every gas appliance in the property.
  • Ensure that any necessary work identified by gas engineers is carried out.
  • Ensure furniture meets fire safety standards.
  • Ensure electrical equipment provided is safe.
  • The Building Regulations (1991) state that all properties built since June 1992 must be fitted with mains operated interlinked smoke detectors/alarms with at least one detector per floor level. It is also the case that all Houses in Multiple Occupation (HMOs) are required to supply mains operated interlinked smoke alarm system. In the case of older single family rental properties, technically there is no legal requirement for landlords to provide a smoke alarm. However, it is strongly recommended that landlords do provide at least a battery operated smoke alarm or alarms in their rented properties. Where landlords do provide battery operated smoke alarms they should have a clause in the agreement making it clear that it is the tenant's responsibility to check their operation and replace the batteries as and when necessary.
  • Landlords of certain buildings that are occupied by more than one household (e.g. houses split into bedsits) have extra legal obligations to provide adequate fire precautions and means of escape from fire.

3.   Energy performance certificates

To ensure that an Energy Performance Certificate has been performed on the property and that it is made available to the Agent and to the Tenant prior to the commencement of any tenancy. Regulations require that from 1st October 2008 any new residential letting will require the landlord to provide an Energy Performance Certificate (EPC), valid for 10 years, to prospective tenants.

 

4.   Protecting your deposit

From the 6th April 2007, by law all deposits taken from a tenant(s) on an assured short hold tenancy agreement must be lodged with a tenancy deposit protection scheme. The scheme which Clarenden residential uses is the Deposit Protection Service (DPS).

 

5.   Carrying out certain kinds of repairs

As a landlord you are responsible for most repairs to the exterior or structure of a property. This means that problems with the roof, chimneys, walls, guttering and drains are the responsibility of the landlord. Landlords are also responsible for keeping the equipment for supplying water, gas and electricity in safe working order.

Tenants often have responsibility for some minor repairs and maintenance. This usually relates to internal decorations, gardens and furniture or equipment. Your tenancy agreement should set out whose responsibility certain kinds of repairs are.

 

6.   Giving the tenant certain information

All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide the tenants with the landlord's full name and address.

 

7.   Following the rules on rent

Rent can be increased but only at certain times during the tenancy and only in certain circumstances. These depend on the type of tenancy you have and what your agreement says about when the rent can be increased. If the rent is paid weekly, private landlords have to provide a rent book

 

8.   Not disturbing tenants

As a landlord you may need access to a tenants property to inspect it and to do repairs but you must let tenants live without unnecessary interference. You cannot come in whenever you feel like it and should give proper notice and arrange a suitable time if you need to visit the property. The amount of notice a landlord needs to give should be set out in the tenancy agreement.

 

9.   Following the correct procedure if you want the tenant to leave

If you are in an unfortunate position that you need to give your tenants notice to leave the property, you need to obtain a court order. The specific legal procedures have to be followed which depends on the type of tenancy and the reason for eviction. If this unfortunately happens, Clarenden residential will fill out and serve all of the relevant legal paper work to regain possession of property for free as part of the full management service that we offer. We often do this for distressed portfolios or single properties that landlords want us to take on as new business.

As a landlord you must not harass the tenants. For example going to the property too often or at unsuitable times. If you are found to be harassing your tenant this is a serious criminal offence, which could lead to fines or imprisonment.

We hope that you have found this information beneficial and if you would like to find out more about letting your property then please contact us.

 

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