As a landlord, it is paramount to fully understand the legal obligations that accompany your role, whether you’re a seasoned professional managing numerous property, or you’re just venturing into the buy-to-rent business. This comprehensive guide by Adel Jibs & Co Solicitors provides the top 5 legal requirements of private landlords, compiled from our extensive experience assisting both tenants and landlords.
Ensuring Tenant Safety
Ensuring your rental properties are free from health hazards and safety risks is a crucial legal obligation of private landlords. The law mandates strict compliance with gas, electrical, and fire safety regulations. If your property has a gas connection, annual gas inspections are required, and a gas safety certificate must be issued to tenants.
Furthermore, all electrical fixtures must remain safe throughout the occupancy. If you’re a landlord of a House in Multiple Occupation (HMO), a mandatory electrical safety test must be conducted every five years. You must also adhere to fire safety regulations which include providing a clear escape route, supplying fire-safe furniture, and installing fire alarms and carbon monoxide detectors.
Energy Performance Certificate
An Energy Performance Certificate (EPC), rated E or above per MEES regulations, is compulsory for all rented properties unless a registered exemption applies.
Financial Responsibilities
Landlords are legally obligated to pay Income Tax on their rental income, after deducting routine operational expenses, and Class 2 National Insurance if the rental property is deemed a business. If the property is mortgaged, landlords must acquire permission from their mortgage lender.
Additionally, it’s the landlord’s duty to secure the tenancy deposit in a government-approved deposit protection scheme for Assured Shorthold Tenancies (AST). Failure to do so could lead to fines and complicate the tenancy termination process. Unless disputes arise over property damage or unpaid rent, deposits should be returned in full upon tenancy termination.
Right to Rent Checks
Landlords in England are required to conduct Right to Rent checks for new tenants to confirm the legality of their UK residence. Non-compliance with the Immigration Act could lead to unlimited fines and a maximum of 5 years imprisonment.
Property Maintenance
Landlords hold responsibility for most structural or exterior repairs on the property. This includes any issues related to walls, gutters, roofs, chimneys, or drains, and any issues with the supply of water, gas, and electricity.
At Adel Jibs & Co Solicitors, we firmly believe in the uniqueness of every situation. Our expertise lies in thoroughly understanding your specific circumstances to offer accurate and beneficial advice.
We recognise the importance of comprehending your needs completely to ensure the most equitable division of assets and minimise unnecessary stress during this challenging period.
Please note that the information provided here serves general purposes only and should not be considered a substitute for professional legal advice.
