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Key legal areas for landlords

1. Health and safety requirements

As a landlord you have a duty of care to ensure that your property鈥檚 safe for tenants to live in and there are various regulations that you need to comply with.

Let鈥檚 look at the fundamental health and safety must-haves.

General condition: you must keep your property in a safe, habitable condition at all times. That means free from health hazards or anything that can risk injury. For example, a habitable home must be free from damp, mold and pests. It must be kept in good order with a clean water supply. This may all sound obvious, but it鈥檚 your obligation to ensure basic standards are met.

Gas safety: you need to ensure that any gas pipework, installation and appliance complies with current safety regulations and is maintained in a safe condition. You need a qualified gas safety engineer to check gas appliances, pipes and flues. If they鈥檙e in safe, working order then you鈥檒l be issued a gas safety record which is required annually. You also need to make sure that annual servicing is carried out.

Electrical safety: it鈥檚 essential that your wiring and electrical equipment is safe and in good condition. You need a qualified and competent electrician to complete electrical checks in your property. The landlord鈥檚 electrical certificate is officially known as an Electrical Installation Condition Report (EICR). It spans things like light fittings, plug sockets, wiring, fuse boxes and any electrical installations such as a fan or electric shower. If any remedial work gets highlighted by the report, you must get these fixed within 28 days.

If you supply electrical equipment like a fridge or washing machine, it鈥檚 advisable, although not essential, to have a Portable Appliance Test (PAT) carried out annually.

Energy efficiency: your rental property requires an Energy Performance Certificate (EPC) with a rating of E or above to comply with the Minimum Energy Efficiency Standards (MEES), although there are cases where an exemption can be applied for.

Furniture: if you let your property with furniture, it must have been bought in the UK and comply with current safety regulations and carry a label to this effect.

Smoke and Carbon Monoxide safety: working smoke alarms must be fitted on every floor of your property (including half landings). Carbon monoxide detectors are also needed where there鈥檚 a solid fuel appliance. These must be in working order on day one of the tenancy and repaired and replaced during the tenancy when they are reported or found to be faulty.

Key health and safety legislation:

鈼�       The Gas Safety (Installations and Use) Regulations 1998

鈼�       The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

鈼�       The Electrical Equipment (Safety) Regulations 1994

鈼�       The Domestic Minimum Energy Efficiency (MEES) Regulations

鈼�       The Furniture and Furnishings (Fire)(Safety)(Amendment) Regulations 1993

鈼�       The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

鈼�      Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

The responsibility on Landlords can be confusing, that鈥檚 why our team can help you to understand the full range of your obligations and responsibilities. Plus, we can give you all the support you need to let and manage your property successfully.

2. General compliance

Beyond Health and Safety, there are additional responsibilities landlords have.

Firstly, you need to confirm that your tenant has the right to rent a property in England. The way to establish this is by checking the necessary documents for all adult occupants living at the property. Depending on their status, permanent or time-limited, follow up checks will then be required during the tenancy.

When it comes to payments, the Tenant Fees Act 2019 sets out permitted and unpermitted payments payable by tenants in Assured Shorthold Tenancies (AST). For example, you can charge rent, a deposit (five or six weeks depending on the annual rent), and payment on termination of the tenancy. But you鈥檙e not allowed to charge tenants for referencing or inventory checks.

It鈥檚 also worth mentioning the Renters鈥� Rights Bill here. This proposed bill has not yet been given Royal Assent, but that may well happen in the coming months. The intention of this bill is that, 鈥淟egislation will be introduced to give greater rights and protections to people renting their homes, including ending no-fault evictions and reforming grounds for possession.鈥�

With legislation changing regularly, it鈥檚 important to keep up to date on your obligations as a landlord.  

3. Tenancy agreements and deposits

Whilst it鈥檚 not enforced by law, it鈥檚 advisable to have a written contract between you and your tenant so that both parties consent to set stipulations. The terms must be fair and compliant with current rental law.

If the tenancy is an Assured Shorthold Tenancy (AST), it is a legal requirement to register the deposit with an approved deposit protection scheme.

A high percentage of the new tenancies we agree at 博鱼体育集团 Frank aren鈥檛 ASTs and fall outside of the Housing Act, which means that some of the above will not be relevant, including the Renters鈥� Rights Bill. We tailor our contracts to suit you and your property, as well as protecting your tenant. We鈥檒l manage the entire vetting and compliance process for you taking the weight off your shoulders and making your investment easier.

4. Repairs and maintenance

Landlords are legally responsible for certain types of repairs and maintenance in their rental property.  In addition to the above, you must keep the exterior of the property in decent condition. That includes maintenance of the roof, walls, gutters, pipes and drains. Your tenant must have access to clean, running water and heating.

It鈥檚 important to react quickly to issues reported by your tenant, and you could receive a call about anything from a leaky pipe to a cracked window pane or broken boiler - any time of the day or night. Many landlords trust us to manage their investment for them. Our Property Management team arrange emergency and routine maintenance using our panel of approved contractors. We鈥檒l also ensure your property stays up to date with essential inspections and maintenance checks throughout the tenancy.

5. Possessions

In the majority of cases a tenancy ends because a tenant decides to not renew their tenancy or to use their break clause, but we know that sometimes your plans change, and you have no choice but to go down the route of ending a tenancy with a tenant.

The process for bringing a tenancy to an end will depend on the type of tenancy agreement you have. If you have an Assured Shorthold Tenancy (AST), you鈥檒l need to serve a Section 21 notice if you want to gain possession of the property at the end of a fixed term or through your break clause. If you don鈥檛 have the ability to serve notice on a tenant and the reason for doing so is due to them being in breach of the tenancy agreement, then you can also, depending on the circumstances, serve a Section 8 notice. Full details of these terms are explained on the . 

博鱼体育集团 Frank Partner and Head of Lettings Operations, Beverley Kennard explains, "At 博鱼体育集团 Frank, a high percentage of the new tenancies we agree are non-ASTs, due to our excellent relationships with Relocation Agents who source many of our corporate tenants.鈥�

She continues, 鈥淥ur average tenancy length is two years and continues to increase. Over the last two years, over 80% of 博鱼体育集团 Frank tenants served notice to end their tenancy, meaning landlords are only in a position to serve a notice in 20% of cases.鈥�

鈥淚f you choose to have your property managed by 博鱼体育集团 Frank, you鈥檒l have an expert responding to any property-related issues and access to our panel of contractors. This is why, as a client of 博鱼体育集团 Frank, you can rest assured that your asset is in the best possible hands.鈥�

Let us guide you through the rental process

Whether you鈥檙e a new landlord or building a rental property portfolio, we can support you throughout this ever-changing landscape. We鈥檒l look after you, your tenant and your property.

As regulations change and your obligations evolve, we can ensure you remain compliant, and your property is well maintained. Knowing that an experienced professional is looking after your property admin and handling any issues is a great relief for our clients. We鈥檒l work with you to ensure you achieve your rental property aims with a service that鈥檚 tailored to you.

Find out more about our exemplary letting service, and contact our team to discuss your needs.