Renting Your Property? Here's Everything You Need To Know 

 

Renting out your property in the UK can be a lucrative venture, but it comes with a set of responsibilities and legal obligations. As a landlord, it's crucial to understand and comply with various regulations to ensure the safety and wellbeing of your tenants.

In this comprehensive guide, we'll explore key aspects of renting a property in the UK, and how phs Compliance can help you fulfil your duties as a landlord.

 

Electrical safety

One of the main responsibilities for landlords is to ensure the electrical safety of their rental properties. As of 1st July 2020, the Electrical Safety Standards in the Private Rented Sector(England) Regulations 2020 require landlords to adhere to several measures to help ensure the safety of their tenants. Some of these include:

Electrical Installation Condition Report (EICR)

Hire a qualified and registered electrician to conduct an Electrical Installation Condition Report (EICR). This inspection must be carried out at least every five years or more frequently if recommended by the electrician.

Fix any electrical issues

Landlords should address any issues identified in the EICR promptly. This may involve fixing faulty wiring, repairing, or replacing damaged sockets, or upgrading the consumer unit. These should be carried out by someone who is competent and experienced.

Record keeping

Keep a comprehensive record of the EICR, including the date of inspection, any issues found, and the actions taken to rectify them. Provide a copy of the EICR to both existing and new tenants within 28 days of the inspection.

Regular checks

In addition to the formal EICR, conduct regular visual checks of the electrical installations to identify any visible signs of wear, damage, or hazards. You should also ask your tenants to notify you of any issues so that they can be taken care of promptly.

Appliance safety

Landlords should ensure that all electrical appliances provided as part of the rental property are safe to use. Regularly check appliances for any signs of damage or wear and promptly repair or replace faulty items. Make instructions on how to use each appliance available to your tenants to help them use appliances safely.

Resolving tenant concerns

Encourage tenants to report any electrical issues or concerns promptly. Address reported concerns promptly and involve a qualified electrician if needed.

Understanding regulations

Regulations for landlords are constantly being reviewed and updated. By staying informed about the latest electrical safety regulations and requirements, you can help keep both your tenants and property safe. You could also attend training or workshops to stay informed about best practices in electrical safety or engage with professional organisations to access resources and updates related to electrical safety.

Learn more about phs Compliance’s electrical maintenance services to help you ensure your building complies with the necessary regulations.

 

Fire safety obligations

Fire safety is a critical aspect of rental property management. While the number of fires within dwellings has fallen in recent years, there were still 26,822 primary dwelling fires in England in the year ending March 2023. To help prevent fires in rental properties, landlords must comply with the Regulatory Reform (Fire Safety) Order 2005, which covers various safety measures, such as having fire alarms and carbon monoxide detectors installed. Additionally, landlords are responsible for providing fire safety information to tenants and ensuring escape routes are clear and accessible. Some of the measures you need to consider include:

Install smoke alarms and carbon monoxide detectors

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022do not stipulate where the alarms should be placed. However, at least one smoke alarm should be installed on every storey which is used as living accommodation.If applicable, install carbon monoxide detectors in rooms with fuel-burning appliances (e.g., gas boilers or fireplaces). The penalty for landlords failing to adhere to this guidance is a fine of up to £5,000.

Carry out regular testing and maintenance

Landlords should ensure that smoke alarms and carbon monoxide detectors are tested regularly, ideally every month. Tenants can carry out tests, and replace batteries as needed.

It is up to landlords to ensure that alarms are in good working condition, and any faulty devices are replaced promptly.

Provide tenants with fire safety information

Supply tenants with essential fire safety information, including the location of fire exits, assembly points, and emergency contact details. Clearly communicate the escape routes and procedures in case of a fire. This is especially important in dwellings within flat or apartment buildings.

Conduct a fire risk assessment

As part of your landlord responsibilities, you should conduct a fire risk assessment for the property. This will help you identify potential fire hazards and implement measures to reduce or eliminate these risks.

If you need help conducting a fire safety assessment, phs Compliance can help. Get a quote today for our services to help you ensure fire risks have been properly identified for your property.

Maintain fire doors and exits

In the UK, fire doors are only a requirement for landlords if their rental properties are classed as a House of Multiple Occupancy (HMO). Landlords should ensure that all fire doors are in good condition and close properly. Keep exits clear of obstacles and ensure that tenants can easily access escape routes.

Emergency lighting

Any common areas, stairwells, and escape routes must have adequate lighting to provide illumination during power failures. This also applies to any buildings that are single storey.

Provide fire safety equipment

You can help keep your tenants and property safe by providing appropriate fire safety equipment, such as fire extinguishers and fire blankets in communal areas. You should ensure that instructions are visible, and that fire safety equipment is checked regularly to make sure it is in good working order.

Fire-safe furnishings

If you are renting a furnished property, you should furnish the property with fire-safe soft furnishings, adhering to relevant safety standards. Regularly check and replace any soft furnishings and other furniture that may pose a fire hazard and ask tenants to report any damage.

 

Gas safety responsibilities

Most properties in the UK have both gas an electrical appliances, making it essential for landlords to maintain safe housing standards by ensuring gas safety responsibilities are met. A landlord’s responsibilities are outlined in the Gas Safety (Installation and Use) Regulations 1998 (GSIUR). It is a landlord’s duty to ensure all gas appliances, fittings, as well as chimneys and more are working safely. Some of the minimum requirements you need to consider to ensure gas safety include:

Carry out regular gas safety checks

Gas appliances and flues need to be undergo safety checks annually, ensuring they are all in working order. This will ensure you can receive your Landlord Gas Safety Record (LGSR), which details the checks you have had carried out.

Maintenance

It is your responsibility to maintain gas and electrical appliances, pipework, chimneys and flues are all maintained to a safe working condition. Each appliance’s recommended service period will vary, but an annual service is generally recommended.

Gas safety checks do not cover installation pipework, although it is recommended by the HSE and the Gas Safe Register that you ask your gas safe engineer to carry out these checks on your behalf.

Provide your gas safety record to your tenants

It is your responsibility to provide your tenants with your Landlord Gas Safety Record after checks have been completed. The law states your Landlord Gas Safety. Record should be given to tenants within 28 days, as well as at the beginning of a tenancy for new tenants. If you provide short-term rentals, then your landlord gas safety record needs to be clearly displayed within the property.

 

Other considerations for landlords renting their property

Electrical and fire safety are two of the most important considerations for landlords renting their properties, but there are other responsibilities to take care of.

Provide an energy performance certificate

It's essential for landlords to produce an Energy Performance Certificate (EPC) for their rental properties. This certificate provides valuable information about the property's energy efficiency, helping tenants make informed decisions.

Protect tenant deposits

Safeguarding tenant deposits in a government-approved scheme is a legal requirement for landlords. This ensures transparency and fairness in the handling of deposits, fostering trust between landlords and tenants. Use a government-backed deposit protection scheme to benefit from services that will hold your deposit for free.

Verify a tenant's ‘Right to Rent’

In England, landlords are obligated to verify that their tenants have the legal right to rent a property. Following the proper procedures helps prevent legal complications and ensures compliance with immigration laws.

Provide tenants with a ‘How to Rent’ Checklist

The government has created a ‘How to Rent’ checklist, which serves as a guide with essential information for tenants, promoting understanding and adherence to rental guidelines. Providing tenants with the How to Rent checklist at the beginning of the tenancy, either in person or through email, can provide both sides with useful information to help establish a good tenant/landlord relationship from the beginning.

Familiarise yourself with the rules in your region

As different areas of legislation are devolved to the different nations of the UK, there may be differences in rules and regulations for landlords.

Read more on responsibilities and minimum requirements for landlords in:

England

Northern Ireland

Scotland

Wales

Understand your financial obligations

Besides your obligations to your tenants, you also have legal requirements and financial responsibilities when you rent out your property. Landlords are obligated to pay Income Tax on rental income, minus day-to-day running expenses. Class 2 National Insurance may also apply if renting out property qualifies as running a business.

If the property is mortgaged, landlords must seek permission from their mortgage lender before renting it out. Failure to obtain this permission may lead to legal complications.

Meet minimum standards for rented housing

Meeting the minimum standards for rented housing is not just a legal obligation but also essential for maintaining a good landlord-tenant relationship. The consequences of not meeting these standards can result in penalties, legal action, and even the inability to evict tenants. You must address issues promptly, from damp and mould to structural integrity, to ensure a habitable living environment.

 

What are the consequences of non-compliance?

Failure to meet the minimum standards for rented housing and other legal obligations can have serious consequences for landlords. Penalties may include:

Financial penalties

Regulatory bodies and local authorities have the power to impose fines on landlords who fail to meet their legal obligations. The amount of the fine may vary depending on the severity and duration of the non-compliance.

Legal action by tenants

Tenants have the right to take legal action against landlords who do not fulfil their legal responsibilities. This may include seeking compensation for damages or inconveniences caused by the landlord's negligence.

Prohibition orders

Non-compliance by landlords can result in the issuance of prohibition orders by local authorities. These orders may restrict or prohibit a landlord from renting out a property until the identified issues are rectified.

Difficulty in regaining possession

Failure to meet minimum standards for rented housing may make it challenging for landlords to regain possession of a property through eviction processes. Non-compliance can be used as a defence by tenants in legal proceedings.

Impact on reputation

Non-compliance can tarnish a landlord's reputation within the local community and the broader property market. Negative reviews or word-of-mouth from dissatisfied tenants may make it difficult to attract future tenants.

Enforcement notices

Local authorities may issue enforcement notices specifying the actions a landlord must take to rectify non-compliance. Ignoring these notices can lead to further legal consequences.

Health and safety prosecutions

Serious breaches of health and safety regulations may lead to criminal prosecutions. This can result in fines, imprisonment, or both, depending on the severity of the offences.

Impact on insurance coverage

Some insurance policies may become void or not provide coverage if the property is not maintained to the required standards. Non-compliance could leave landlords financially exposed in the event of property damage or other incidents.

Community and neighbour relations

Non-compliance can strain relations with the local community and neighbours. Disregarding property standards may lead to complaints, affecting the overall neighbourhood atmosphere.

 

Other considerations for being a good landlord

Apart from meeting legal minimum requirements, the following tips can help you become a good landlord:

  • Communicate clearly with your tenants to help resolve issues quickly and calmly. Explain how you’d like issues to be reported to help maintain housing standards.
  • Respect your tenants’ right to privacy. This includes providing advance notice of inspections and repairs.
  • Inspect your property regularly to help identify and address maintenance issues, and to ensure your property remains in a well-maintained and good condition.
  • Implement strong security measures to keep your tenants and property safe.
  • Introduce fair rent policies, and ensure any changes to rent are communicated clearly, with advance notice.
  • Establish a clear process for addressing tenant complaints.
  • Consider flexible lease terms to try and be accommodating to tenants, while being clear about your lease renewal terms.
  • Be approachable and accessible to your tenants to help maintain positive, trusting relationships.

 

Become a considerate and compliant landlord with the help of phs Compliance

Renting out a property in the UK comes with a set of responsibilities that extend beyond collecting rent. Landlords must be well-versed in electrical safety, fire regulations, minimum housing standards, furniture safety standards and more. Failure to comply with these legal obligations can lead to severe consequences. Additionally, adopting practices that contribute to being a good landlord can enhance the overall rental experience for both parties involved. By staying informed and proactive, landlords can create a safe and comfortable living environment while fulfilling their legal obligations.

At phs Compliance, we provide a range of services that can help landlords provide safe and efficient accommodation for tenants. Learn about the services we offer to help you with renting out your property.

This guide provides a summary of a landlord’s responsibilities when renting out a property. Please research your legal responsibilities and seek advice from the relevant authorities to help ensure all of you meet all your legal duties as a landlord.

To book a service, get in touch on 02920 9809 098 or fill out a contact form.

To learn more about our what Compliance offers, to get a quote, or simply to ask a query, please feel free to contact us now!

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