This guide will give you a brief rundown on the obligations that you must adhere to if you wish to rent out your property. Failing to do so could potentially lead to legal action by your tenants.
Obtaining the correct licences.
When you are looking to rent out your property, you will have to ensure that you have the correct license. If you aim to rent out your property to more than three individual people, you must apply for a House in Multiple occupation licence (HMO). This licence will then allow you to rent out your property to individuals instead of a family. This will be a crucial part if you intend to rent your property to students or as a house share.
Please note that even if a group of more than three individuals approach you to rent the house as a group, you still must apply for an HMO as they do not fall under the family bracket which includes:
- married or living together (including same-sex couples)
- relatives or half-relatives (e.g. grandparents, aunts, uncles, siblings)
- step-parents and step-children
Ensure the safety of your tenants.
It is of paramount importance that you ensure that the property is safe to occupy before renting out your property. This list is comprehensive of the tasks that you must adhere to when concerning your tenant’s safety.
- Fit smoke alarms on every floor and carbon monoxide monitors and in rooms that use solid fuels like coal or gas. You must make sure that these all work before the beginning of the tenancy
- In line with the Gas Safety Regulations 1998, you must ensure that you:
- Repair and maintain gas pipework and appliances in a safe condition
- Ensure an annual gas safety check on each appliance
- Keep a record of each safety check.
All furniture and furnishings provided in your property should comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. This means that all of the furniture you supply in the property must be ”fire-resistant”. However, this only applies to furniture often used for practical purposes such as beds and sofas. Furnishings such as curtains and carpets etc. aren’t not included in these regulations.
You must ensure that all electrical products within your property are safe for use. You must also Arrange a five-yearly electrical safety check by a qualified and competent person (this applies to new tenancies from 1 July 2020 and existing tenancies from 1 April 2021).
Maintenance and Repairs
Small tasks such as changing lightbulbs and ensuring adequate ventilation are the responsibility of the tenant. However, any more extensive maintenance or repairs tasks that might be required are your responsibility to fix. These could include a cracked window, a faulty boiler, a leak in the kitchen, a leaky seal in the window, or any white goods issues. Please note you are also responsible for the exterior of the property so check the state of the roof, chimneys, walls, guttering, drains etc.
Energy Performance Certificate
As a Landlord, you will need to purchase an EPC for a property before you let it. From 1 April 2018, the property must have a minimum rating of E on its EPC as it will be illegal to rent any property which breaches this requirement.
Information for your tenant
As a landlord, you must provide your tenant with your full name and address, or details of their letting agent. Your tenant must also receive a copy of the Government’s How to Rent guide, which gives practical advice about what to do before and during a let.
Protecting a tenant’s deposit
As a landlord, you must protect the tenancy deposit with a UK government-approved deposit protection scheme. As a landlord, if you don’t protect the deposit, you can be fined, and it can be much more challenging to end the tenancy. Deposits must be returned in full at the end of the tenancy unless there is a dispute about damage caused to the property or unpaid rent.
Accessing the property
As a landlord, you will inevitably need to access the property from time to time to carry out repairs and inspections. However, access should not cause unnecessary interference to your tenant. Give reasonable notice and arrange a suitable time with yourself and the tenant. The notice period is usually set out in your tenancy agreement.
It is vital that you stick to and follow all these guidelines presented here, failing to do so could put your tenants at risk, but it could also lead to being fined or have legal action taken against you. In severe cases, you could potentially end up in prison if ignoring these tasks.
Disclaimer
Please note – this advice is only liable for England and Wales. If you are in Scotland or Northern Ireland, please seek alternative routes.
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