You have the following obligations when becoming a shorthold tenancy landlord:
Gas Safety
Your property is required to be gas safe and maintained. You must arrange an annual safety check on all gas appliances and flues with a gas safe registered engineer.
Please note that you are also responsible to make sure that any gas pipework in property is safe and maintained (this is not covered in the annual gas safety check).
You must keep a record of all these safety checks for at least 2 years.
You should provide a copy of the Gas Safety Certificate to your tenant within 28 days of the check being completed or the new tenant beginning their tenancy.
Electrical checks
Ensure that the electrics are and tested in order for you to obtain an Electrical Installation Safety Report.
Energy Performance Certificate (‘EPC’)
You have to obtain an Energy Performance Certificate and provide this to your tenant(s).
Repairs & Maintenance
You are responsible for all repairs, maintenance, and refurbishments within the property and its’ exterior. Also, if you are renting the property as furnished, check all appliances are in a good working order.
Tenancy Deposit Protection
You have to keep your tenant’s deposit in a government-approved Tenancy Deposit Scheme:
(a) Tenancy Deposit Scheme; or
(b) Deposit Protection Service; or
(c) MyDeposits.
The deposit must be protected within 30 days of receipt. For more information: https://www.gov.uk/tenancy-deposit-protection
Right to Rent
You have to ensure your tenant has the right to rent your property in England therefore carry out ‘right to rent’ immigration checks. You cannot be prejudicial when renting your property.
Fire Safety
You have to carry out fire safety checks and ensure smoke alarms and carbon monoxide alarms are installed and working, including replacing the batteries.
All furnishings should be fireproof and comply with building regulations.
How to Rent Checklist
You must provide a ‘how to rent’ checklist to your tenants:
Use this example.
Cleanliness
Property is to be clean and professionally cleaned prior and between tenants.
Risk of Legionella
Despite being a new landlord responsibility, risk assessments must be carried out to minimise the risk of Legionella.
Data Protection
You must comply with the General Data Protection Regulations (‘GDPR’). You must provide a privacy policy that is GDPR compliant and inform the tenant how and why you collect and store their data and how you intend on using this. Should you use a letting/estate agent, they should provide the relevant policies to the tenant however double check this has occurred to ensure you are not in breach of any data regulations.
Notice
You must provide the tenant with at least 24 hours’ notice before you intend on entering the property with their acceptance. You are not required to provide notice if you need to enter for “emergency access” i.e., fire in the property, smell of gas, flooding etc.
Failure to comply with your obligations as a landlord, this may result in (but not limited to) the following: claims for disrepair; the inability to make an application for repossession of a property; and/or have difficulty recovering unpaid rent.
If you require advice in respect of a landlord and tenant dispute, please contact our offices on 0113 266 0735.