×

Landlord Responsibilities and Legal Obligations in the UK

Renting out property can be a profitable and rewarding venture, but being a UK landlord comes with certain legal obligations and responsibilities.  

landlord responsibilities checklist

Whether you’re an accidental private landlord with one home for rent in Chadwell Heath or have an extensive portfolio of buy-to-let properties in Silvertown, you need to get to grips with the rules from the start – and keep up to date. The private rental sector frequently changes, with new requirements, regulations, and legislation to take on board. The renting out property sections of the government website offer detailed advice. 

Based on our experience helping new landlords, we’ve drawn up a landlord responsibilities checklist to outline your obligations. 

Meeting Safety Standards 

As a UK landlord, you have a duty of care to your tenants. This means you are legally obligated to ensure the rental property is safe and do everything possible to minimise hazards. These are the health and safety standards all landlords should meet. 

A Guide To The Renters’ Rights Bill

What implications does it hold for landlords?

1. Gas Safety 

Every year, you must have a gas safety check carried out by a Gas Safe registered engineer, obtain a gas safety certificate to prove the property is safe and give a copy to tenants. The engineer will inspect the property’s boiler, flues, pipework and gas appliances, and you must arrange repairs promptly if defects are identified.  

2. Electrical Safety 

Since 2020, landlords must have the electrical installations in their rental properties inspected and tested by a ‘qualified’ and ‘competent’ person at least every five years to obtain an electrical Installation Condition Report (EICR). This electrical safety certificate covers the wiring and fuse box, light switches and plug sockets, and permanently connected electrical appliances.  

Other appliances are covered by the PAT test. Portable Appliance Testing (PAT) is not a legal requirement, but we recommend that it is carried out at least every two years on all moveable electrical appliances provided by the landlord. 

3. Fire Safety 

All furnishings and upholstered furniture you supply in the rental property must carry the fire-resistant symbol. Carry out fire safety assessments at the start of the tenancy and during landlord checks. In an HMO, you must fit fire alarms, fire blankets and fire extinguishers, and ensure that fire escape routes and fire doors aren’t obstructed. 

landlord's responsibilities

4. Smoke & Carbon Monoxide Alarms 

Under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, landlords have to provide one smoke alarm on every storey of the property and a carbon monoxide alarm in rooms with a solid fuel-burning appliance (e.g. a boiler, gas or coal fire, wood-burning stove). You must also replace or repair faulty alarms promptly. 

5. Legionella 

You may not have heard about the risk of legionella bacteria forming in the water system. Legionella is caused by stagnant water and can cause potentially fatal legionnaires disease. Fortunately, the risk to domestic properties is relatively low, especially if you have a combi boiler installed. 

It’s not a legal requirement for landlords in England and Wales to hire professionals to test the water system in their properties and obtain any certificates. However, landlords have a legal duty to provide safe drinking water and assess the potential risk by undertaking a risk assessment. 

6 Repairs And Maintenance 

Landlords are legally obliged to ensure the property is fit for habitation and maintained in good condition. The exterior and structure of the building must be kept in good working order, and any problems are the landlord’s responsibility to fix. Landlords are also required by law to maintain the water and gas pipes, electrical wiring, water tanks, chimneys, boilers and heating systems, sinks, baths and toilets. 

  • Damp and mould – Problems caused to the rental property by rising damp and penetrating damp relate to the building’s structure so are the landlord’s responsibility, as are damp and condensation caused by poor heating, ventilation and insulation. However, tenants should act to prevent damp caused by lifestyle. 
  • Pest infestation – Landlords are responsible for rodent control, and should take measures to prevent mice, rats and other pests from entering the property. You must act if there is an infestation in the property you rent. 

Administrative & Leal Responsibilities

1. Right To Rent Checks 

Landlords have a legal requirement to check the immigration status of all tenants. This includes anyone over 18 who will be living in the property. 

Read the Right to rent user guide on the gov.uk website for a complete list of acceptable documents. 

Landlords must not break equality laws when performing right-to-rent checks. They should not make assumptions about who has the right to rent but check all tenants regardless of race, colour or ethnicity. 

2. Tenancy Agreement Creation 

Having a written tenancy agreement or contact is not a legal requirement. You could have a binding verbal agreement, or your tenant might have a licence instead. 

However, it’s strongly recommended that you create a written tenancy agreement to set out the legal T&Cs and your tenant’s obligations. Once drafted, both parties should sign it before the tenancy starts. 

The agreement/contract should detail everything, including the rental amount, payment method, obligations, start and end date, etc. It should also include any clauses such as whether pets are allowed, subletting rules, and whether the agreement has a break clause. 

3. Landlord Inventory Creation

Either you, as the landlord or your letting agent should draft up a detailed inventory, including pictures of the current state of the rental property before the tenants move in. Both parties should agree upon it and any amendments made before it’s signed. An inventory will help protect both parties should a dispute arise. 

4. Protect Tenant Deposits 

Landlords must protect their tenant’s deposit in one of the following government approved deposit protection schemes within 30 days of receiving it. 

If you fail to follow this procedure at the start of an assured shorthold tenancy, your tenants can claim compensation. At the end of the tenancy, landlords must return the deposit within 10 days of the tenant and landlord agreeing on how much will be returned. 

Deposits are capped at five weeks’ rent, where the annual rent is below £50,000. Security deposits are capped at six weeks for properties with a yearly rental value of over £50,000. 

5. Energy Performance Certificate (EPC) 

Anyone renting out or selling property in the UK needs an energy performance certificate (EPC). EPCs measure how energy efficient the property is and are essential for marketing your property for sale or rent. An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for ten years. You must appoint an accredited assessor to conduct the EPC inspection, and your estate agent or letting agent must be given a copy of the report. 

landlord repairs responsibilities

It is a legal requirement that any residential rental property meets the minimum energy efficiency standard of an EPC E rating before it can be rented out. 

6. Accessing The Property 

Tenants have the right to a ‘quiet enjoyment’ of their home, which means tenants have control over who enters the property and when. 

Landlords have a reasonable right to enter their property to check its condition or make necessary repairs, but you must give notice and have it accepted. Give at least 24 hours’ notice and arrange a time that reasonably allows the tenant to be present. In an emergency, landlords can access their property without seeking permission, for instance, a fire, a gas leak or water coming into the property. 

7. Information For Your Tenant 

At the start of the tenancy, you must supply your tenant with the following information. 

  • Gas safety certificate 
  • Electrical installation condition report 
  • Details of the tenancy deposit scheme 
  • The government’s How to Rent guide 
  • The contact details of the person or agency that is managing the property 

Failure to supply this information could make it difficult to repossess your property should you need to. 

8. Property Licenses & Permissions 

You may need to obtain a licence from the local council to rent out your property. Certain local authorities will require you to apply for a selective licence, for example, Redbridge Council operates a selective licensing scheme. Check their property license map to see if you need your east London property license. 

9. HMO Landlord Responsibilities 

If you are a landlord of a House in Multiple Occupation (HMO), you must apply for a license if you rent to five or people living together from two or more households, or an additional HMO licence if your local authority operates a licensing scheme in your area. You will also need planning permission to convert a single-household dwelling to an HMO. HMO landlords also have to: 

  • Meet additional health and safety standards 
  • Ensure that communal areas are clean and well-maintained 
  • Pay the council tax bill 
  • Take responsibility for utility bills (but not the TV licence) 
  • Ensure emergency exits are clear 

You can find out more about HMO requirements in our article. 

10. Paying Taxes As A Landlord

As a landlord, you are responsible for paying the correct taxes on your total rental income minus any expenses incurred. 

landlord checklist for renting a house

You will need to complete a yearly self-assessment and file it with HMRC, which will let you know how much income tax you owe based on which tax bracket you fall into. 

Other taxes you must pay as a landlord in London or the UK, are Stamp Duty, Capital Gains Tax and National Insurance. 

Tenants’ Rental Obligations Explained 

Your tenants’ obligations are to pay their rent in full and on time and look after the rental home. Any obligations you wish to place on your tenants must be set out in the tenancy agreement – maintaining the garden or cleaning windows, for example. But you may not use the tenancy agreement to impose duties to your tenant, which you should carry out by law. 

Your tenants are solely responsible for repairing items they own and minor issues, such as replacing batteries in smoke alarms. They are also responsible for any damage caused by their guests, but they aren’t liable for normal wear and tear – to carpets, for example. 

Checklist Of Landlord Obligations 

Put simply, your responsibilities as a landlord in the UK are to: 

  • Keep your rented properties safe and free from hazards 
  • Make sure all gas and electrical equipment is safely installed and maintained 
  • Protect your tenant’s deposit in a government-approved scheme 
  • Check that your tenant has the right to rent your property in England 
  • Give your tenant the required documentation, including the government’s How to rent. 

Who is responsible for… 

These duties are a common source of questions from tenants and landlords, so we’ve clarified the usual responsibilities here. 

• Who is responsible for painting landlord or tenant?   

Unless the tenancy agreement give the tenant express permission to paint the property, paintwork is the landlord’s responsibility.  

• Who is responsible for council tax landlord or tenant?  

The tenants pay the council tax unless it’s an HMO or your rental property is vacant between tenancies, in which case the landlord takes responsibility. 

• Who is responsible for blocked drains tenant or landlord?  

It’s the landlord’s responsibility to clear blocked drains and plumbing. However, you can pass on the cost if the tenants caused the blockage through misuse. 

• Who is responsible for cleaning gutters landlord or tenant?  

Landlords are responsible for maintaining the building’s exterior, including gutter clearing to remedy or prevent problems. 

• Are landlords responsible for tenants’ rubbish? 

The landlord should provide adequate bin facilities and pass on council information about waste collection days and recycling arrangements. Tenants are responsible for using the bins correctly, but the council will expect the landlord to ensure that they do so. 

Find Out More 

We hope out landlord responsibilities checklist makes your obligations clearer. if this has helped you, then why not explore how to do landlord property inspections to ensure you property is kept in the best possible shape?

Whether you are a new landlord, accidental landlord, or experienced landlord with a large portfolio, our lettings and property management service can assist you with these and many other aspects of renting out property in Redbridge, Newham, Barking and Dagenham or Tower Hamlets.

Looking for a stress-free lettings solution? Then explore our guaranteed rent services in Croydon, Bexley, Dartford, Maidstone, Canterbury & beyond.

Azeem S.

I began as a junior apprentice in a corporate estate agents in 2006 have been working in the property sector since, so over 14 years of experience. I have worked in a range of industries from Property sales and lettings, to construction, development, commercial sales and lets as well as facilities management and maintenance. I have a degree in Economics, enjoy keeping fit and healthy, support Man Utd and have a young family.

Follow on:

Related Post

Updates: 13 Mins Read

What Allowable Expenses Can Landlords in London Claim?

How can London landlords reduce an income tax bill by claiming allowable expenses? Recent changes mean that it’s no longer possible to claim for mortgage payments, but there are many valid allowable expenses for landlords. Factoring these costs into your tax calculations could reduce your taxable income by a significant amount – overlook them and you could be throwing money away. It’s also increasingly important for landlords to keep accurate records as HMRC phases in Making Tax Digital for Income Tax. Read our guide for a essential landlord expenses list, examples and more.

Updates: 14 Mins Read

What are the Costs of Being a Landlord in London?

If you are considering investing in a rental property in East London, understanding the real costs will help you to decide whether it is the right option for you. Establishing the potential costs can also help you to make informed decisions about which type of property to invest in to reduce upfront and ongoing costs and therefore maximise your rental profits.

This guide provides a full breakdown of the typical costs involved in being a landlord in East London, including tax obligations, maintenance, compliance, licensing fees and more. We also provide tips on reducing costs.

Updates: 10 Mins Read

Tenant Failed Referencing? Here’s What To Do 

One of the biggest challenges for private landlords is dealing with problem tenants, and performing tenant reference checking is an important way to do due diligence on applicants.

If you have a tenant who fails tenant referencing, this can be concerning but there are solutions that can give you additional protection to avoid the financial impact of rent arrears, for example.

This article explains what is involved in referencing checks, how to complete comprehensive checks and what steps you can take to protect yourself if a tenant fails a reference check.

Stay Informed on the Latest Renters' Rights Bill!

Enter your details to download our comprehensive guide and protect your property interests today.