Landlord responsibilities

You’re a landlord if you rent out your property.  

 

Understanding your responsibilities  

As a landlord, you must: 

See GOV.UK’s advice for renting out your property 

 

Deposits   

The law:  

 

Health and safety responsibilities  

As a landlord you have legal duties to make sure your property is safe for your tenants.  

Fire safety  

As a landlord you must:  

  • follow safety regulations
  • carry out a fire risk assessment of the property 
  • provide a smoke alarm on each storey in a property occupied by a single household
  • install a carbon monoxide alarm in any room which contains a fixed combustion appliance (excluding gas cookers)  
  • check your tenants have access to escape routes 
  • make sure the furniture and furnishings you supply are fire safe
  • In houses in multiple occupancy (HMOs) provide interlinked smoke alarms on each storey, communal areas, bedrooms and heat detectors in kitchens  

See the Local Authorities Coordinators of Regulatory Services (LACORS) guidance on fire safety 

 Carbon monoxide alarms

Carbon monoxide gas is colourless and exposure to it can kill. It does not smell and you cannot tell if it’s around you or your family. It can be made by fires and appliances that burn gas, wood or coal. 

You must ensure carbon monoxide alarms are installed and operating in every habitable room of a rental property containing gas appliances. This does not include where there are only appliances used for cooking purposes.  

You’re required to carry out checks and tests to ensure that the carbon monoxide alarms in the rental property are working the day any new tenancy begins. It’s recommended you tell the tenant to make sure they test it regularly and inform you if it’s not functioning and replace the battery when required. 

The carbon monoxide alarm must comply with British Standard EN 50291 and carry a British or European approval mark, such as a Kitemark. You should follow the manufacturer’s recommendations about how to fix it.  

 

Electrical safety  

You must make sure electrical systems like sockets and light fittings are safe.  

You need to have electrical installations in your rented properties inspected and tested. This must be by a qualified person at least every five years.  

You must give a copy of the electrical safety report (EICR certificate) to your tenants and to the council, if we ask for it. 

See GOV.UK guidance on electrical safety standards 

 

Gas safety  

You must have an annual gas safety check carried out on any gas appliances, flues and fittings in the rented property.  

Find a gas safe registered engineer  

You should give a copy of this to your new tenant before they move in or to any existing tenant.   

You must keep copies of the certificates, especially if you have a property licence (selective or HMOs). It’s a legal requirement for inspections by the Council.  

If you do not provide the tenant with a copy of a valid Gas Safety Certificate you cannot serve a ‘section 21 notice’ to evict a tenant.  

The installation pipework isn’t covered by the annual gas safety check. But you’re still responsible for its safety.  

Gas Safe Register and the Health and Safety Executive (HSE) recommend that when you request a gas safety inspection, you ask the Gas Safe registered engineer to: 

  • test for tightness on the whole gas system, including installation pipework
  • visually examine the pipework (so far as it’s reasonably practicable)  

You should keep installation pipework records, as you may need to show that you have regularly maintained the pipework, appliances and flues and completed the required repairs. 

Gas safety is incredibly important because failures can lead to death. If you do not comply with these gas safety requirements, we can issue a fine of up to £5,000 where you fail to comply with a remedial notice or up to £30,000 or seek prosecution in the criminal courts, where there is a breach of property licence conditions or HMO management regulations. 

 

Energy efficiency standards   

You need an energy performance certificate (EPC) whenever a property is rented. An EPC gives a property an energy rating from A (most efficient) to G (least efficient). This is valid for 10 years.  

Only EPCs with a rating of A to E are acceptable for rented properties.   

The EPC should include the typical amount of energy the property would use and energy costs. It should also provide recommendations about how to reduce energy use and save money.  

See GOV.UK for:   

You can also find an energy certificate for a property on GOV.UK.  

 

Management regulations   

If you require houses in multiple occupancy (HMO) license, you’ll need to comply with regulations to ensure your property is well maintained.   

 

Provide a fair tenancy agreement  

A tenancy agreement is a contract between you and your tenant. It should set out the legal terms and conditions of the tenancy.  

It can be written or verbal. If it’s a fixed-term tenancy of more than three years, you should have a written agreement.  

If you’re providing a tenancy agreement it should be fair. Both you and your landlord have certain rights and responsibilities given by law.  

See tenancy agreements on GOV.UK

 

Give your contact details to your tenants  

You must provide your tenant with your contact details. This is so they can communicate with you, especially in an emergency. 

 

Anti-social behaviour  

Anti-social behaviour covers a range of unacceptable activity that affects individuals from other household or the community.  

It’s your responsibility to take steps to prevent and deal with any anti-social behaviour in your properties.   

Preventing anti-social behaviour  

  • Carry out thorough tenant referencing. You must check that a tenant or lodger can legally rent your property as part of the Right to Rent requirements
  • Check your tenancy agreement terms. You should include terms that relate to anti-social behaviour to help set boundaries for your tenant’s behaviour
  • Set the expectation for behaviour. Speak to the tenants at the start of their tenancy to explain what is expected of them and their visitors
  • Undertake regular inspections. If you have a licence, your conditions require you to inspect every 4 or 6 months and to keep a written log
  • Keep written records and copies of all documents, letters and emails given or sent to tenants. You should also keep any evidence of poor behaviour by the tenants or visitors. If written records are not kept this may be considered a breach of licence conditions  

If you have a property licence (HMO or Selective license) 

You need to address the anti-social behaviour. This is a condition of your licence. You should read and comply with the specific conditions in your property licence.   

First warning letter  

You’ll need to contact the tenant early. You must contact the tenants within seven days of receiving an anti-social behaviour complaint. You should speak to the tenant and have an open and honest conversation.  

You must issue a first warning letter in writing of the allegations and what will happen if it continues. 

You may want to speak to neighbours to find out if they are aware of any anti-social behaviour.  

If your tenants are students, you can contact their university or college to ask them to provide support.  

If you suspect that the anti-social behaviour involves any criminal activity, you must contact the Police or us.   

Second warning letter 

If talking with the tenant does not help and there is evidence of a recurrence of anti-social behaviour, you should arrange another meeting.  

You’ll need to issue a second warning letter to tell them:   

  • what tenancy condition/s have been breached
  • how the tenants or visitors have broken them
  • what they should do to prevent further action being taken
  • what will happen if they continue to breach the tenancy conditions
  • remind them their tenancy is at risk. You as the Landlord are required to work with the local authority and Police to deal with the matter
  • any more incidents are likely to result in an eviction notice 

Letter of caution 

If the anti-social behaviour continues after the first and second letters, you need to send a ‘letter of caution’. This is the last letter before beginning eviction proceedings.  

It’s a formal letter but not a legal notice. It should only contain accurate information: 

  • time/dates you have spoken to your tenants 
  • dates previous warning letters were sent
  • details of the specific incidents, which have caused a breach of their tenancy conditions  

Example letters 

If you would like example letters to help with writing to tenant, email asbdocumentrequest@redbridge.gov.uk.  

You’ll get an auto response with the letters. We’ll not be able to answer any questions sent to this email.  

We suggest you change the letters for your situation. The letters do not form any legal advice. 

 

Ending a tenancy  

You must follow the right process if you want your tenant to leave your property.  See GOV.UK for information on tenant eviction.   

If you do not, you may be guilty of illegally evicting or harassing your tenant.   

You may be guilty of illegal eviction if you: 

  • do not give the tenant notice to leave the property
  • change the locks
  • evict without a court order  

Even if your property is repossessed by a mortgage lender, the lender must give your tenants notice so they can find other accommodation. 

You should not attempt to physically remove a tenant, change locks or turn off gas, water or electric supplies.  

You should get your own independent legal advice if you’re unsure. Always use a solicitor if you’re beginning eviction proceedings. They can give you their expert advice.