Landlord Obligations- The Law

As a landlord there are a number of legal obligations you MUST (and should) abide by. These are all necessary obligations; failing to comply with these could result in prosecution.

Gas safety appliances

The Gas Safety Regulations 1998 place a statutory duty on all landlords of residential property to ensure that all gas appliances, pipe work and flues are maintained in a safe condition.

A inspection of all gas appliances that is provided with in the property by the landlord must be inspected annually by a Council for Registered Gas Installers (CORGI). After inspection a warranted certificate will be issued for proof of inspection; both tenant and landlord should keep a copy.

The Furniture and Furnishings Regulation 1993

All furniture a landlord provides must be fire resistant. Furniture must meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

These regulations require that the following furniture supplied by the landlord in let properties meet fire safety standards:

Furniture manufactured since March 1989 will comply with these regulations and most will be marked with a label showing compliance.

The regulations do not apply to:

Non-compliance with the above regulations is a criminal offence and carries penalties of a £5,000 fine, 6 month’s imprisonment, or both. In the event of a death, charges could extend to manslaughter.

Repairs & Maintenance- Section 11, Landlord and Tenant Act 1985

The landlord is responsible for the structure and exterior of the property; baths, sinks and other sanitary items; heating and hot water installations. However, this only applies if the tenant has a fixed tenancy contract for under 7 years, else these issues become the tenants responsibility. The landlord is not responsible for damages caused by the tenants.

This legislation requires landlords to:

The Electrical Equipment (Safety) Regulations 1994

Every electrical appliance supplied by the landlord must be safe to use; the electrical installation in the house must be completely safe.

Unlike the Gas Safety Regulations, there is no mandatory requirement for the equipment to undergo any safety testing, but that should be an incentive to be careless.

Although there is no requirement for equipment to be checked, it’s recommended for every landlord to check all electrical appliances and electrics before the start of a tenancy and regularly thereafter.

The following guidelines apply to all electrical appliances supplied for the tenancy:

Plugs and Sockets (Safety) Regulations 1994

This regulation requires that any plug, socket or adapter supplied for intended domestic use complies with the appropriate current standard, and specifically that:

Insurance

The landlord MUST have house insurance on the property they are letting. However, the tenant is responsible for their possessions and shouldn’t rely on a landlord’s policy to cover their possessions. Ensure that the insurance policy covers tenants, as some policies won’t. You must be completely accurate about your property and the tenants to your insurance provider; false data could lead to an invalid policy.

Obtaining consent to let a property

Before letting a property, landlords must obtain permission and/or inform the following:

Tenancy Deposit Protection

The landlord must sign up to a Tenancy Deposit Protection (TDP) scheme in order to provide their tenant with protection. Over the years a lot of tenants have complained that they have unfairly lost their initial deposit; consequently the government introduced this legislation to help apply some moderation to the disputes. For more in-depth details about this ‘landlord obligation’, please go to my Tenancy Deposit Protection Easy Guide article.

Taxation of Income from Land (Non-Residents) Regulations 1995

Any landlord who is considered non-resident for taxation purposes is liable to pay tax on their rental income from letting property.

The details can be complicated depending on your circumstances, so it’s best to check with the Inland Revenue how much tax you’re liable to pay, or if you’re permitted to be exempted from tax.

Make sure your tenant registers with the appropriate services

If your tenants are responsible for utility bills it’s your responsibility to make sure they transfer all the appropriate utility accounts under their name. This includes services like gas, electricity, water and any other utility bill. Even if your tenant assures you they have taken care of the matter, you should still check yourself, otherwise you could end up with the bills yourself.

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