If you are thinking about renting out a property, there are a significant number of statutory and regulatory requirements that you need to meet as a landlord. In fact, there are around 145 laws, and over 400 regulations, that need to be followed to legally let a property in England and Wales (Source – PropertyMark 2018). The consequences of failing to meet these legislative requirements range from not being able to evict a tenant, to being fined or even imprisoned. These laws continue to evolve. Indeed, there is currently draft legislation being considered that will place further obligations on landlords in areas such as electrical safety, the need to register with a redress scheme and ensuring properties are fit for human habitation.
A summary of the most important legal requirements is provided below. The following list is not exhaustive and is for guidance only. If you are renting a HMO, then further legislative requirements will apply. Given the magnitude of legislation, you should ensure that you seek appropriate advice when preparing to rent your property. If you have any questions with regard to the attached information, then please call the team at Aspire. We look forward to helping you become a successful landlord.
Checklist of some of the important legal requirements to rent a property;
- Freeholder consent – Obtain consent to sublet where required under any long lease.
- Mortgage Consent – Obtain consent to let from mortgage company.
- Property safety – Ensure compliance with various legislation.
- Health and Safety – Comply with H+S standards for rented homes.
- EPC – Ensure property has an EPC rating of E or greater (A to E). See our guide to EPC's at https://www.aspireresidential.co.uk/news/landlords/40-epc-s-what-are-the-requirements
- EPC – Provide tenants with a current EPC certificate.
- Client Money – Place deposit into approved protection scheme. For further details see here https://www.aspireresidential.co.uk/news/landlords/54-securing-tenant-deposits
- Client Money – Provide tenant the “prescribed information” regarding the scheme.
- Gas safety – Provide a current gas safety certificate (where required).
- Carbon monoxide – Provide working alarms at the start of a tenancy (where required).
- Smoke Detectors – Provide working alarms at the start of a tenancy. See our guide to smoke alarms at https://www.aspireresidential.co.uk/news/landlords/36-smoke-and-carbon-monoxise-alarms-in-renter-property
- Legionella – Conduct a legionella risk assessment.
- Tenant checks – Perform an immigration “right to rent” check.
- How to rent guide – Provide a “how to rent” guide.
- Furniture – Meet the requirements of the Furniture and Furnishings Regs 1988.
- Glass – Ensure compliant with building regulations Part K in “critical locations”.
- Electrical safety – Comply with required electrical safety standards. See our guide to electrical safety at https://www.aspireresidential.co.uk/news/landlords/29-electrical-safety
- Blinds – Comply with safety standards with respect to cords and chains.
- Harassment – Ensure compliance with the Protection from Harassment Act and Protection from Eviction Acts.
- Eviction – Only repossess the property and evict a tenant through lawful means.
- Tenant Fees – Ensure you and your agent act in accordance with the Tenant Fee Bill .See our guide to the Tenant Fee Bill at https://www.aspireresidential.co.uk/news/landlords/35-tenant-fee-bill
- 2019 Electrical safety – Have a current electrical condition report (legislation pending) .
Important Note - This checklist is provided for information purposes only. The checklist is not a full representation of the legal requirements required to rent out residential property. If you intend to rent out property then you should take appropriate legal advice on your obligations and responsibilities as a landlord. Aspire Residential accepts no liability for any loss or damage resulting from your use of this checklist.
See further information on landlord best practices in our blog https://www.aspireresidential.co.uk/news/landlords/31-letting-residential-property-best-practices
Also, please see further guidance on getting yourself and your property ready for the private rented sector https://www.aspireresidential.co.uk/news/landlords/46-get-yourself-and-your-property-ready-for-letting
Important note for landlords – The above blog is provided for information purposes and guidance only and does not represent the full extent of legal obligations and duties placed on landlords. Landlords should seek appropriate advice and, where necessary, legal advice before renting property in the Private Rented Sector. The use of information provided in this blog is subject to the terms and conditions of use of our website.