As a landlord, you have certain legal responsibilities and rights.
The following information applies to Assured Shorthold Tenancies:
You must ensure that all locks and catches on doors and windows are in good repair and working order, that all appliances (where applicable) such as a cooker, refrigerator, washing machine, hot water/central heating system etc. are in working order and that all fixtures, fittings and contents are in a state of good repair and in an acceptable level of hygienic cleanliness.
Access to the property
You must provide the tenant with at least 24 hours’ notice if you wish to access the property unless it’s an emergency and you need immediate access. The tenant has the legal right to enjoy the property during the tenancy without frequent visits from the landlord.
Tenancy Deposit Scheme
You must place your tenant’s deposit in one of the Government approved Tenancy Deposit Schemes. These schemes ensure that the deposit is protected and fairly returned to the tenant at the end of the agreed term. You or your letting agent will need to place the deposit in a scheme within 30 days of being paid by the tenant. If there is a dispute at the end of the tenancy, the deposit will be held until the issue is resolved. If the issue is not resolved, each scheme offers free independent adjudications to settle the matter.
Sebastian Roche uses the Tenancy Deposit Scheme (TDS) which is an insured option.
You must make sure that the property and contents are adequately insured. Tenants are responsible for insuring their own belongings.
You are expected to ensure that all upholstered furniture provided complies with the Fire and Furnishings (fire)(safety) Regulations 1988 and the Fire and Furnishings (fire)(safety)(Amendment) Regulations 1993.
You must ensure that all gas appliances are checked once a year by a gas safe registered engineer. and keep a record of any defects found and the remedial action taken under the Gas Safety (installation and use) Regulations 1998. A Gas Safety Certificate for all gas equipment must be given to the tenants.
Smoke alarms and carbon monoxide monitors
You must ensure that there is a smoke alarm on every habitable floor in the property and a carbon monoxide alarm in any room where solid fuel is used.
You must ensure that any electrical equipment supplied at the property complies with the regulations requiring landlords to have the electrical installations in their properties inspected at least every 5 years and tested by a person who is qualified and competent. Landlords will also have to provide a copy of the electrical Inspection Condition Report (EICR) to their tenants as well as to the local authority if requested.
Other landlord responsibilities
- You cannot discriminate against tenants or treat them differently because of their race, gender, sexual orientation, religion or disability.
- Pregnant tenants should also receive fair and equal treatment.
- You must keep to the terms outlined in the tenancy agreement
- You must supply your contact details to your tenants
- You must supply an up to date EPC
- Locks cannot be changed without informing the tenant
- You must obtain all necessary consents from your lender, freeholder and insurer (where applicable)
There are 2 main routes private landlords can take to regain possession of their property under the Housing Act 1988:
- Section 21 gives a landlord an automatic right of possession without having to give any grounds (reasons) once the fixed term has expired
- Section 8 allows a landlord to seek possession using grounds 2, 8, 10 to 15 or 17 listed in Schedule 2 to the Act. These include rent arrears and anti-social behaviour.
In all cases you must give your tenant written notice, usually at least 2 months, of your intention to regain possession.