Landlords: housing rights and responsibilities

Right to Rent Checks

You must check that any tenant you rent to has the right to rent a property in the United Kingdom. You must do this for everyone who is named on the tenancy. You can find out how to check your tenant's right to rent on the GOV.UK website.

Fire Safety

All landlords have a legal obligation to ensure rented properties comply with fire safety conditions and that there is an adequate means of escape in the event of a fire.

Landlords should identify all fire-related hazards within their properties and analyse how they may affect the building and their tenants. This is often best done by a fire safety professional.

Energy Performance Certificates

You need an Energy Performance Certificate (EPC) before you can rent your property to a tenant. You must order an EPC for potential tenants before you put your property on the market to rent.

An EPC contains:

• information about a property's energy use and typical energy costs
• recommendations about how to reduce energy use and save money

An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for 10 years.
 

How to get an EPC

If you're selling or renting out your home, you'll need to find an accredited assessor. They will assess your property and produce an EPC certificate.

You can find more information, or search for an accredited assessor, on the GOV.UK website.

You can be fined if you don't get an EPC when you need one. If you do not comply with this requirement, your ability to end a tenancy could be affected.

Tenancy Deposit Protection

If you rent out your property on an assured shorthold tenancy that started after 6 April 2007, you must place your tenant's deposit in a tenancy deposit protection (TDP) scheme.

You (or your managing agent) must place the deposit in a TDP scheme within 30 days of receiving it.

Local Housing Allowance (LHA) Rate

If your tenant is receiving Housing Benefit, renting your property at the LHA rate ensures that the property will be affordable for them, as the amount they receive is calculated based on their other income.

To calculate the LHA rate for your property, please use the Local Housing Allowance rates search.

Legal information you should know

In order to end a tenancy and take occupation of the property, there are legal processes that you must follow. Even when the contract (also known as the fixed-term of the tenancy) has expired, you must follow a legal process to end the agreement.

If you do not have a written contract or tenancy agreement, you will still need to follow the legal process to take back the property.

During the tenancy, should you need to gain access to the property (other than in an emergency) you must obtain your tenant's permission; the tenancy agreement will confirm the required notice period.

It is important that you obtain independent legal advice to be clear of your rights and responsibilities as a landlord.
 

The eviction process

The standard eviction for an assured shorthold tenancy is a three stage process. 

A section 21 notice (sometimes referred to as the 'no fault' eviction process) can be served, as follows:

• Stage one - Section 21 notice:
  If the tenancy agreement started (or was renewed) on or after 1 October 2015, any section 21 notice issued must be on the Assured Shorthold Tenancy Form. The notice must be in writing and give the tenant at least 2 months' notice that possession is required. You can find more information about section 21 notices on the Shelter website.
   
• Stage two:
  If the tenant remains in the property once the date on the Section 21 notice has expired, you will have to obtain a possession order from the court.
   
• Stage three:
  Finally, if the tenant remains in the property once the possession order has expired, you will have to obtain a bailiffs warrant from the court. The warrant will state the date that the tenant must leave the property.

Other eviction processes are subject to different sets of rules, such as the section 8 process for rent arrears. You can find out more about other eviction processes on the GOV.UK website.
 

Landlord repairing duties

In general, if you are a landlord, the law will impose certain repairing duties on you which you cannot contract out of.

You will probably be responsible for most of the major repairs, including:

• leaking roofs and gutters
• rotting floor boards and windows
• rising damp
• damp walls
• defective electrical wiring
• dangerous ceilings and staircases
• faulty gas and water pipes
• broken water heaters and boilers
• broken lavatories, sinks, baths and shower facilities
• repairs to communal areas of the property which are used by all tenants
• good management of the accommodation, such as making sure communal areas are clean and well lit

The Housing Health and Safety Rating System (HHSRS) is a tool the council will use to assess potential risks to the health and safety of people in residential properties. The council respond to requests for intervention by private tenants whose landlords will not carry out necessary work within their accommodation. We will carry out a full health and safety 'risk assessment', which includes gardens and paths within the boundary of the premises.

If work needs to be done, we will issue instructions to the landlord in the form of statutory notices. This will set out the work that needs to be done and will specify timescales in which it must be completed.

If you fail to carry out legally-required work, the council may prosecute you through the local magistrates' court. If you are found guilty, the court will normally issue a fine and/or other instructions.