A landlord compliance checklist is essential to ensure that landlords meet all legal obligations and provide safe, habitable homes for tenants. In the UK, landlords must adhere to a wide range of regulations, from safety certifications to tenant rights. Here’s a comprehensive checklist to help landlords stay compliant:
1. Tenancy Agreement
- Written Tenancy Agreement: Provide a clear and legally binding tenancy agreement that outlines the terms and conditions of the rental, including rent amount, duration, and tenant/landlord responsibilities.
- Assured Shorthold Tenancy (AST): Ensure that the tenancy is an AST if it is for a private residential property. Most tenancies in the UK are ASTs.
2. Deposit Protection
- Tenancy Deposit Scheme (TDS): Any deposit taken from a tenant must be protected in a government-approved Tenancy Deposit Scheme within 30 days of receipt. The schemes are:
- Deposit Protection Service (DPS)
- MyDeposits
- Tenancy Deposit Scheme (TDS)
- Deposit Protection Information: Provide the tenant with prescribed information about the scheme and how their deposit is protected.
3. Energy Performance Certificate (EPC)
- EPC Rating: You must provide an Energy Performance Certificate (EPC) to your tenant before they move in. The property must have an EPC rating of E or higher for new tenancies and renewals.
- EPC Validity: EPCs are valid for 10 years, so make sure it’s up to date.
4. Gas Safety
- Annual Gas Safety Check: All gas appliances, fittings, and flues must be checked annually by a Gas Safe Registered Engineer. This is legally required under the Gas Safety (Installation and Use) Regulations 1998.
- Gas Safety Certificate: A copy of the gas safety certificate (CP12) must be provided to the tenant within 28 days of the annual check, and a new tenant must receive one at the start of the tenancy.
5. Electrical Safety
- Electrical Installation Condition Report (EICR): From April 2021, all private rented properties must have an EICR every 5 years to ensure electrical installations are safe.
- Portable Appliance Testing (PAT): While not mandatory, it’s recommended to carry out PAT testing for any portable appliances provided with the property.
6. Smoke and Carbon Monoxide Alarms
- Smoke Alarms: At least one smoke alarm must be installed on every storey of the property where there are living spaces.
- Carbon Monoxide Alarms: A carbon monoxide alarm must be installed in rooms with solid fuel-burning appliances (e.g., wood burners or open fireplaces).
- Alarm Checks: Test all alarms at the start of the tenancy.
7. Right to Rent
- Immigration Checks: Under the Right to Rent scheme, landlords in England must check that tenants have the legal right to live in the UK. This involves verifying their passport, visa, or other acceptable documentation.
8. How to Rent Guide
- Provide the "How to Rent" Guide: Give tenants a copy of the latest government-approved How to Rent guide at the start of the tenancy. This can be sent electronically or as a hard copy.
9. Repairs and Maintenance
- Ensure Property is Safe and Habitable: The property must be maintained to a decent standard. The Homes (Fitness for Human Habitation) Act 2018 requires that the property is fit for living throughout the tenancy.
- Respond to Repair Requests Promptly: Address repairs related to the structure, heating, hot water, and sanitary installations within a reasonable time frame.
- Legionella Risk Assessment: Conduct a Legionella risk assessment to assess the risk of legionnaires' disease in water systems, such as pipes, tanks, and showers.
10. Licensing (If Applicable)
- Mandatory Licensing for HMOs: If you rent out a property to five or more people forming two or more households (Houses in Multiple Occupation, or HMO), a mandatory HMO licence is required.
- Additional or Selective Licensing: Check if your local council requires additional or selective licensing for landlords in specific areas, even if it’s not an HMO.
11. Insurance
- Landlord Insurance: Ensure you have adequate landlord insurance to cover potential risks such as damage to the property, legal expenses, and loss of rent.
12. Rent and Payment Management
- Rent Increase Rules: If you plan to increase the rent, follow the legal processes, such as serving a Section 13 notice for periodic tenancies, and ensure that the increase is fair and reasonable.
- Rent Payment Records: Keep accurate records of rent payments and ensure tenants receive receipts or invoices if requested.
13. Evictions and Tenant Disputes
- Correct Notice Procedures: To evict a tenant legally, serve the appropriate notice:
- Section 21 (no-fault eviction) notice for ASTs.
- Section 8 notice for rent arrears or other breaches of tenancy.
- Eviction Process: If the tenant doesn’t leave after the notice period, apply for a possession order through the courts. It’s illegal to evict a tenant without following the correct legal process.
14. Record Keeping
- Maintain Records: Keep detailed records of all tenancy agreements, communications with tenants, and maintenance work conducted. These documents can protect you in case of disputes.
How Fraser Bond Can Help
At Fraser Bond, we understand the complexities of being a landlord. Our team offers professional property management services, ensuring you stay compliant with all legal obligations. From tenant checks and maintenance to licensing and safety certifications, we manage every aspect of your property to protect your investment and give you peace of mind.
