Landlords’ Rights and Responsibilities
As a landlord it is imperative you understand your rights as well as your tenants’. The tenancy agreement that you both sign will contain most of your legal obligations.
Tenancy Deposit Protection Schemes
If your tenant is under an Assured Shorthold Tenancy, you are obliged to place their deposit into a tenancy deposit protection scheme. These are government schemes that protect the money until it is returned to the client at the end of the tenancy.
The deposit should be protected within 30 days after it is received from the tenant. If there are disputes or disagreements at the end of the tenancy, the deposit will stay protected until the matter is resolved. If an issue cannot be resolved, each tenancy deposit protection scheme offers its own negotiations to help draw the matter to a close.
Property Access
If you want to gain access to your property, you must provide your tenant with clear, written notice at least 24 hours before the planned visit. The tenant should also be able to enjoy living safely in their property without frequent visits from the landlord. This means they can refuse access if visits appear to be planned on a regular basis.
General Maintenance and Safety
As a landlord, you must ensure that your tenant lives in a safe property that meets all safety regulations and is in a good state of repair. This means that you must meet all the fire safety, electrical, and gas standards according to the law.
Property inspections are required to ensure that good standards are being maintained in the property. If the property develops issues relating to structural or integral elements, this includes toilets, drains, gutters, pipes, and the supply of water, gas, heating, and electricity, then maintenance must be provided swiftly.
You must check all gas-related equipment at least once a year and ensure that all appliances are safe to use before installing them. This also includes testing all smoke and carbon monoxide alarms at the start of the tenancy and requesting the tenant also does so regularly during their residence.
Evicting Tenants
A tenant has the right to live in a property for 6 months with an Assured Shorthold Tenancy unless they break the rules of the tenancy agreement. The tenancy can be terminated by either tenant or landlord without a specific reason if the tenancy allows for this to be done.
If a tenant breaches the tenancy agreement, as a landlord, you can apply for a legal possession order and serve the tenant eviction on grounds according to the Housing Act 1988.
Whilst landlords can technically dispose of items left in the property after the termination of the tenancy, you must do your best to contact your tenant to collect any items they have left. A well-balanced tenancy agreement should cover this to avoid any further issues.
As a landlord you must also:
Not discriminate against tenants or treat them unfairly because of their gender, religion, race, age, or sex
Disabled and pregnant tenants should also be treated fairly and equally
You must follow all terms set out in the tenancy agreement
Your tenants must have up-to-date contact information for you
You must supply an EPC
You cannot change the locks without informing your tenant
Protect tenant data
Carry out the necessary rent checks on all potential occupants over the age of 18 before the tenancy begins