There are many different pieces of legislation that landlords need to be aware of, so we have put together a Landlord Compliance Checklist. The National Landlords Association lists more than 175 Acts and Regulations that are relevant to landlords. Here we will familiarise you with some of the key rules.
Data Protection Act 2018 General Data Protection Regulations
For landlords, the Data Protection act means that they must register with the Information Commissioner’s Office and make every effort to protect personal data. Landlords must also publish a privacy policy/notice explaining what personal information they will collect, why they are collecting it, how it will be stored and how long it will be stored for. Any breaches must be promptly notified to the Information Commissioner’s Office.
Electrical Safety Standards in the Private Rented Sector (England) Regulations 2022
For Houses in Multiple Occupation, an electrical inspection is required every five years. Landlords must keep the certificate and give it to the local authority if requested. Electrical inspections for privately rented houses in England and Wales became mandatory for new tenancies from 1 July 2020. From 1 April 2021 regular electrical inspections are required for all existing tenancies granted before 1 July 2020. See our article Electrical Safety Standards for Landlords.
It is good practice to:
Plugs and Sockets etc. (Safety) Regulations 1994
In addition, all plugs, sockets and adapters must comply with its appropriate current standard. This means that all plugs should be pre-wired and the live and neutral pins should be part insulated.
Energy Performance of Buildings (England and Wales) Regulations 2012
An Energy Performance Certificate (EPC) is a brief report that states the current energy efficiency of the property and how energy efficient it could be. Valid for 10 years, the EPC rates a property from A (most efficient) to G (least efficient). Since 1 April 2018 landlords have been required to purchase an EPC before a property is let. In fact, landlords and letting agents could face a fine if the energy certificate is not displayed in marketing for the property. A copy of the EPC must be given to tenants either during the viewing or at least before the tenancy agreement is signed.
Landlords are required to ensure that their property meets at least an E rating or above. From 2025, all newly rented properties will be required to have an EPC rating of C or above. Existing tenancies will have until 2028 to comply with the new rule changes. You can read more about EPCs and ways to improve the energy efficiency of your property in our article Energy Efficiency Of Your Rental Property.
Occasionally we are asked to let a commercial property and it is worth noting that an EPC is also required for commercial properties. You can check if a domestic property has an EPC at EPC Register.
Fire Safety (England) Regulations 2022
In short, the property must be safe and comply with building regulations. You can read more in our article Fire Safety Guidance for Landlords.
The Smoke And Carbon Monoxide Alarm (Amendment) Regulations 2022
Since October 2015, landlords are required to install at least one smoke detector on each storey of their rented property that is used as living accommodation. Landlords are also required to install a carbon monoxide detector in any room where solid fuel is used. That is any room with an open fire or log burner. Gas appliances may also give off carbon monoxide, so it is good practice to install alarms in rooms with these items too.
This legislation also applies to unlicensed shared houses. Licensed shared houses require slightly more robust standards. This includes interlinked, mains-wired smoke alarms so that when one alarm sounds, they all do. And additional interlinked, mains-wired heat and smoke alarms in the kitchen and living areas. A fire detection system complying with BS 5839: Part 6:1995: Type LD3, Grade D is recommended. Landlords of shared houses are also required to be able to produce evidence that the alarms are checked regularly and are in good working order.
You can read more about this in our article What Landlords Need To Know About Smoke And Carbon Monoxide Alarms.
Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2010
Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989
Furniture and Furnishings (Fire) (Safety) Regulations 1988 (SI no.1324)
Furniture supplied by a landlord must comply with fire regulations and display standard labels in a prominent position. All furniture manufactured since 1989 will comply with the regulations and nearly all will be marked with a label that clearly displays it does comply with regulations.
Gas Safety (Installation and Use) Regulations 1998 (SI No. 2451)
Where gas appliances are installed in a property, landlords are required to ensure that annual gas safety checks are carried out. This check is to ensure that all gas appliances, pipes and flues are in safe working order. Checks must be carried out by an engineer on the Gas Safety Register.
A check must have taken place no more than 12 months before a new tenant moves into a property and must be done annually at no more than 12 month intervals thereafter. Copies of the check certificate must be kept by the landlord and given to the tenant.
If a landlord fails to comply with these rules they may lose their Section 21 rights in England.
Housing Health and Safety Rating System (England) Regulations 2005 (SI no.3208)
The Housing Health and Safety Rating System (HHSRS) allows local authorities to assess the condition of the property and any potential hazards. It aims to maintain good standards in the private rented sector.
Houses in Multiple Occupation (Management) (England) Regulations 2006
Rules for shared houses are often different and in many cases, are more robust than single-let houses.
The Government requires that landlords give all tenants an up-to-date copy of How To Rent: The Checklist For Renting In England. It gives practical advice about what to do and what to look out for when letting a property.
You can give a printed copy, an electronic copy or signpost tenants to the government website but tenants must confirm that they have seen the guide at the start of their tenancy. If they have not confirmed, landlords may not be able to serve a valid Section 21 notice.
Landlords must keep checking the Government website for the latest copy of this leaflet. It is updated from time to time without notice.
Landlords are required to ensure that the water supply at their property is working properly and to protect tenants from Legionella. A risk assessment must be carried out specifically considering the risk of legionnaire’s disease. You can probably do this yourself and review it regularly. You must identify and evaluate any potential sources of the disease and then take steps to prevent or minimize any risk. In most cases, the risk will be minimal and there will be no further action required. However, if you have not carried out a risk assessment and Legionnaire’s is found to originate at your premises you could be issued with a fine.
There is a lot of useful information on the Health and Safety Executive website. Please note that this applies to both domestic and commercial properties.
Landlord and Tenant Act 1985 (as amended)
Regarding repairs and maintenance, this legislation requires landlords to:
The landlord is not responsible for damages caused by tenants during the tenancy and it is their responsibility to ensure that the landlord is made aware of any damage to the property structure, utilities and heating.
The Right to Rent scheme, which helps to make sure that people renting property in the UK have a legal right to be here, has been in place since February 2016. You need to check your tenant’s ID and proof of citizenship to ensure that they have the right to be renting in the UK. You also need to make a note of the dates of any visas to ensure they don’t run out during the tenancy as they would then no longer have a right to rent.
Landlord’s Guide to Right to Rent Checks
Landlords and letting agents must register a tenant’s deposit with one of three Government approved Tenancy Deposit Schemes. The prescribed information regarding the deposit must be given to the tenant within 30 days of receiving the deposit. The money is protected in the scheme and can help to resolve disputes at the end of the tenancy.
The three government approved tenancy deposit schemes are:
The Tenant Fees Act has banned most letting fees and caps tenancy deposits paid by tenants in the private rented sector in England.
Given that there are so many different pieces of legislation to be aware of, our advice to landlords is always going to be to use a reputable letting agent. They are the experts who can offer advice and help you, not only to be compliant but also to demonstrate best practice. For tenants too, it is reassuring to know that every area of their new home is as safe as it can be.
If you have any questions about any of the above legislation please contact the New Mills Properties team on 01472 360178. We will be pleased to share how we can help you to comply with all of these regulations.
Here is what you need to know about smoke and carbon monoxide alarms in rented properties from 1st October 2022. Smoke and Carbon Monoxide Alarms: Current Legislation Since October 2015, private landlords have been required to install at least one smoke detector on each storey of their rented property that is used as living accommodation.…
Legislation to improve the electrical safety standards for landlords of privately rented properties has changed. It is designed to improve tenant safety and will be another useful piece of legislation that councils can use to improve the quality of rented housing locally. What the new Electrical Safety Standards require Previously only HMO properties were required…
In 2018, Rosie Keogh won a case for indirect discrimination against a Birmingham letting agent. Keogh was a single mother who needed to pay for some of her rent with housing benefit. A letting agent with a No DSS policy, who refused to consider her for a property, was deemed to be discriminating against women,…
