Guide To Being A Landlord
Buying a property to rent out has become increasingly common in recent years, but if you’re thinking of becoming a landlord there are legal obligations which you have to fulfil. Not being aware of them could land you in difficulties.
Here are some points you should be aware of if you’re looking at renting out a property:
Check that your prospective tenant is legally allowed to rent a property in the UK.
This is known as a “right to rent” check. The obligation is placed on landlords to ensure that the tenant has a suitable immigration status in order to be able to rent. However, care must be taken to conduct the check in a way which is not discriminatory. The Government’s guide to right to rent checks can be downloaded here.
Ensure you deal correctly with any rent deposit you take.
The deposit you receive from your tenant at the beginning of the tenancy must be held in a Tenancy Deposit Protection scheme. For properties in England and Wales there are three different Government backed schemes for landlords to choose. This protects the tenant’s deposit, ensuring they get it back at the end of their tenancy, provided they pay their rent and bills, do not damage the property and otherwise abide by the terms of the tenancy agreement. The deposit has to be paid into one of these schemes within 30 days of the deposit being received. At the end of the tenancy, the sum due back to the tenant must be agreed and paid back to the tenant within ten days of the amount being agreed.
Be aware of your obligations on making repairs to the property.
If a landlord does not carry out certain repairs the tenant could bring a claim in the County Court against them, or could potentially carry out the repairs themselves and seek to deduct the cost from the rent.
Check the rules before you increase rent.
There are some controls on this depending on the type of tenancy in place.
Make sure you have a tenancy agreement in place.
So that both you and your tenant are clear on the terms of the tenancy make sure you have a tenancy agreement in place. Without one as soon as rent is paid a tenancy is still created, but default provisions may apply under the Law of Property Act 1925.
In addition to the above, there are other responsibilities you have as a landlord such as:
- keeping your rented properties safe and free from health hazards
- making sure all gas and electrical equipment is safely installed and maintained
- providing an Energy Performance Certificate and a Gas Safety Certificate for the property at the start of the tenancy
- giving your tenant a copy of the How to rent checklist at the start of the tenancy
- fitting and testing smoke alarms and carbon monoxide alarms
- following fire safety regulations where the property is a flat, either purpose built or in a converted house.
And finally…
Hopefully your relationship with future tenants will be a good one, but if you do run into difficulties and can’t sort any issues directly with your tenant, get advice at an early stage to find out what options are available to you.
For help and guidance on any of the issues above, including drawing up tenancy agreements or help resolving disputes, contact Kim Cross on 01945 898090 or This email address is being protected from spambots. You need JavaScript enabled to view it.
