Landlords' rights and responsibilities

Understanding your rights and responsibilities as a landlord is essential. The tenancy agreement, signed by both landlord and tenant, outlines obligations for each party.

Tenancy Deposit Protection Schemes

For Assured Shorthold Tenancies (ASTs), landlords must protect deposits in a government-approved tenancy deposit scheme within 30 days of receipt. This ensures deposits are safeguarded and fairly returned at the end of the tenancy. If disputes arise, the scheme holds the deposit until resolved and offers free independent adjudication.

Access to the property

Landlords must give at least 24 hours’ written notice before entering the property, or as agreed in the tenancy agreement. Tenants have the legal right to quiet enjoyment, meaning they can refuse access except in emergencies.

Safety and general maintenance

Landlords must provide a safe, secure, and well-maintained property. Key responsibilities include:

• Meeting repairing standards and safety regulations
• Obtaining necessary licences (e.g., HMO licence)
• Annual gas safety checks
• Electrical safety compliance (EICR mandatory)
• Fire safety: smoke alarms on every floor and carbon monoxide alarms in rooms with combustion appliances
• Furniture compliance with Fire and Safety Regulations
• Legionella risk assessment

Smoke and carbon monoxide alarms must be tested at the start of the tenancy. Tenants are responsible for ongoing checks and battery replacements. If a tenant requests a health and safety inspection, the council may carry out an HHSRS assessment. Failure to meet standards can result in enforcement action.

Evicting tenants and taking possession

In the case of an Assured Shorthold Tenancy, the tenant has the right to remain in the property for six months, unless they break any major terms of the agreement. The tenancy can be terminated by either party after this time without providing a reason for termination, if the tenancy agreement allows for this.

If the tenant is in breach of the tenancy agreement, the landlord may be within their right to apply to the courts for a possession order by serving the tenant with notice under one of the Grounds contained in Section 8 of the Housing Act 1988. This is a formal procedure and landlords must outline the specific terms the tenant has breached. It is always best to seek legal help when issuing such a notice.

Landlords are entitled to dispose of any belongings left in the property after the tenancy has terminated but only by giving the tenant the required notice. Best endeavours should be made to contact the tenants and for them to retrieve their left property. A good tenancy agreement should cover this.

Accidents and injuries suffered within the property

Landlords are strongly advised to take out letting specific buildings and contents insurance cover against any personal injuries claims by tenants, their visitors or tradespeople while in the property.

Other landlord responsibilities

As well as the responsibilities mentioned above, the following are also applicable:

• You cannot discriminate against tenants or treat them differently because of their race, gender, sexual orientation, gender reassignment, or religion.
• Pregnant and disabled 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 which complies with Minimum Energy Efficiency Standards (MEES).
• Locks cannot be changed without informing the tenant.
• Give the tenants space to freely enjoy the rental property, avoiding unnecessary frequent visits.
• Obtain all necessary contents to the letting, lender freeholder insurer.
• Maintain the property in line with statutory requirements.
• Safely protect any tenant data.
• Carry out Right to Rent checks on all occupants of the property over the age of 18 before the start of the tenancy and as required during the tenancy.