What are a landlord’s legal requirements?

We’ve provided a list of what to consider, but be sure to check the government website for full guidance on landlord legal requirements, to help ensure you have all the information you need.

Factors to bear in mind include:

• Keep your rented properties safe and free from health hazards

• Make sure gas equipment and electrical equipment is safely installed and maintained

• Provide an Energy Performance Certificate for the property

• Protect your tenant’s deposit in a government-approved scheme

• Check your tenant has the right to rent your property if the tenancy is in England

• Give your tenant a copy of the How to rent checklist when they start renting from you (you can email it to them)

• Meet your financial obligations to pay tax and National Insurance as appropriate

Not surprisingly there is an emphasis on fire safety. At least one smoke alarm must be installed on each storey where there is a room used as living accommodation.

Private landlords must also provide a carbon monoxide alarm in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).

You also have a duty to ensure smoke alarms and carbon monoxide alarms are repaired or replaced once you become aware that they are faulty.

The Government has compiled a list of requirements for electrical safety. It includes meeting the national standards for electrical safety, with inspections and tests by a qualified and competent person undertaken at least every 5 years. A report must be obtained from this person and a copy supplied to tenants.

Gas appliances and flues should be checked annually by a registered GasSafe installer. A copy of the gas safety check record must be provided to tenants before they move in, or within  28 days of the check.

Private rented homes in England and Wales must currently have an EPC (energy proficiency certificate) rating of E or higher. It has been proposed by the Government to raise this minimum standard to an EPC rating of ‘C’ or above for new tenancies by 2025 and for existing tenancies by 2028.

Some exemptions apply, so check the government website for more information.

It is a legal requirement to register a tenant’s security deposit under the Tenancy Deposit Scheme (TDS). The deposit can be fully refundable to the tenant, subject to deductions for damage and repairs.

Landlords must place deposits for shorthold tenancies in a government-approved scheme. In England and Wales, the options are:

• Deposit Protection Service

• MyDeposits

• Tenancy Deposit Scheme

Landlords with properties in Scotland and Northern Ireland have separate schemes.

There are various risks associated with letting a residential home. Keep your investment safe, whether it’s a single property or a portfolio. Our comprehensive Landlord Insurance can help protect you from financial risks, including accidental and malicious damage by tenants and loss of rent if the property becomes uninhabitable due to an insured event.

The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited trading as Just Landlords accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.

FP935-2023