Your Legal Obligations As A Landlord

Keeping You On The Right Side Of The Law.

Being a landlord comes with its fair share of responsibilities and obligations. Whether you’re a seasoned property owner or a first-time landlord, understanding and adhering to the legal requirements that govern your role is essential. Failing to do so can lead to costly disputes, financial penalties, or even legal action.

Our expert team are here to keep you up to date with the latest legislation and keep you, and your property, on the right side of the law!

When letting your property, there are a few basic rights afforded to both Landlords and Tenants. Read on to find out what they are and then we’ll take a more detailed look into what’s expected before you can legally move a tenant in…

A Landlord's Rights

Have the property returned in the same condition as it was originally granted at the start of the tenancy, subject to agreed wear and tear.

To have emergency access to the property and/or agreed access to the property subject to 24 hours written notice and agreement from the tenant.

To receive an agreed amount of rent on time and review the rent value periodically.

Serve notice on the tenant in accordance with current housing legislation.

A Tenant's Rights

To live in a property that is in a good state of repair and be protected from unlawful eviction.

To have their deposit returned to them at the end of the tenancy, if they have met all the terms of the Tenancy Agreement.

To be provided with the Energy Performance Certificate and Gas Safety Certificate at the beginning of the tenancy.

To have knowledge of who they should give notice to, details of which will be contained in the Tenancy Agreement.

Before we can move a tenant into your property, the following key points must be addressed. Our lettings team can arrange all of these for you on your behalf to make sure you’re ready to go!

Gas Safety Certificate

Gas Safety Regulations (Installation & Use) 1998 state that all gas appliances must be inspected annually by a Gas Safe registered engineer. A valid Gas Safety record must be issued and updated every year. We’ll need to see a copy of your latest Gas Safety certificate.

Electrical Installation Condition Report (EICR)

The Electrical Equipment Regulations 1994 requires all electrical equipment, including wiring, to be safe and that it will not cause harm. An inspection and testing should be carried out once every 5 years. We’ll need to see a copy of a valid EICR before a tenant can be moved in.

Energy Performance Certificate (EPC)

Since the 1st October 2008, all rental properties are required to have a valid Energy Performance Certificate, which expire every 10 years. From the 1st April 2018, all privately rented properties where a tenancy is granted must have an EPC rating of “E” or above. If your property doesn’t meet the minimum “E” rating, our team can advise and assist in arranging any works that may be required to make sure that your property is up to standard.

Smoke & Carbon Monoxide Detectors

The Smoke & Carbon Monoxide Alarm (England) Regulations 2015 require a smoke detector to be installed on each floor with living accommodation, which includes bathrooms.

A carbon monoxide detector must be installed in any room used as living accommodation that contains a solid fuel burning combustion appliance.

From the 1st October 2022 a carbon monoxide alarm will be required in any room used as living accommodation which contains a fixed combustion appliance. This is any appliance that uses fuel to generate heat, but excludes gas cookers.

In addition, these alarms must be regularly checked, including at the start of each new tenancy.

Additional Key Points

These are just a small selection of the key points that must be adhered to before you can begin to rent out your property.

Other areas that must be taken care of and recorded include; Furniture & furnishings fire safety, legionella risk assessment, safety & standard for internal blinds and curtains. Plus, there’s even more regulations for properties with multiple occupants.

There’s a lot to take care of, but by choosing Hannells to professionally manage your tenancy we’ll make sure that everything is in place and take care of any follow-up checks and periodic inspections.

 

Book Your Take-On Here

Other Obligations…

We’re not done yet! There’s still a wide-ranging set of regulations revolving around both the property you’re going to be renting out and your financial affairs. Below are some of the things that you’ll need to consider before you decide to commence the marketing of your property;

Insurance

Your insurance provider should be made aware of your intention to let your property. Some standard insurance policies don’t cover the property if it’s rented, so we always recommend taking out specific Landlord’s insurance. We’d be happy to provide you with a competitive and comprehensive quote to make sure that both you and your tenants are covered should there be any mishaps!

Appliances

All appliances, including the boiler, must be in good working order and serviced as is appropriate. Instructions for all appliances should be left in the property and details of any maintenance agreements should also be made available. We work with a range of quality assured engineers who can make sure that everything is as it should be for the duration of the tenancy.

Tax

As a Landlord, you’ll be required to pay tax on any income or profit you make from renting out a property in the UK. Landlord’s love our unique app which gives you the tools to keep track of your income, expenditure, payments and statements all in one place – making accounting and tax returns a breeze.

Consent

You may need to check the requirements on any lease on the property in relation to “sub-letting”. Plus, if you have a mortgage, you may need consent from your lender. Renting your property out on a residential mortgage without letting them know could result in some hefty penalties if they find out.

Legal Ownership

If your property is jointly owned, co-owners must be named in our terms and on the Tenancy Agreement.

Utilities & Council Tax

Your tenant will usually be responsible for paying all utilities such as gas, water, electric, telephone, cable & broadband and council tax during the tenancy. However, any ground rent, management charges or service fees are usually the responsibility of the Landlord. Prior to a new tenancy commencing, we can notify suppliers and the relevant local authority of changes of occupancy on your behalf.

 

Now Let's Get Your Take-On Booked In!

If you’re ready to go ahead and instruct us to find a great tenant for your property, simply complete the short form below to get your take-on booked in. Alternatively, you can call us on: 01332 294 396 or email: lettings@hannells.co.uk!

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