Duties of a landlord in England
The key duties of a landlord in England are:
Property repairs
The landlord has to make sure the property is safe. They must make sure it meets health and safety needs. Landlords must ensure that properties they rent to tenants are fit for human habitation. A property may be unfit because of:
- damp or mould
- health and safety hazards
- water or sanitation hazards.
Depending on what it is and the terms of the AST, if something breaks at the property, landlords may have to repair it as soon as they can.
Safety
There are a number of safety rules that landlords must follow. These include gas safety checks and smoke alarm checks.
It is also important for landlords to make sure that their buildings are safe in case of a fire. This means having an escape plan and using furniture that is resistant to fire.
Tenancy agreements
Landlords should give written contracts to those living in their properties. These are called tenancy agreements. They list the rules. This should include how much the rent will be, how much of a deposit they have to pay and how long they can rent the property for.
Rent collection
Landlords are responsible for collecting rent. They agree with their tenant on which days of the month rent will be paid. They must give their tenants receipts if they ask for them.
Deposit protection
Landlords must keep their tenants' deposits safe. They do this by putting them into a government-approved deposit scheme. They must provide the tenant with a certificate.
Landlords must also provide the tenant with 'prescribed information'. This sets out the details of the scheme and when deductions can be made from the deposit. You need to do this within 30 days of receiving the deposit.
When your tenant wants to move out, you'll need to return the deposit to them. This will be subject to any deductions in line with the tenancy agreement / prescribed information.
Right to rent checks
Landlords must carry out 'right to rent checks'. These checks ensure that tenants have the legal right to rent property in the UK.
If you want to find out more information, this Government site has a section on all of the relevant legislation. This could help you understand your role as a landlord. It can help you manage some of the situations you might come up against.
Duties of a Landlord in Wales
The key duties of a Landlord in Wales are:
Safety/ Fitness for Human Habitation
The Renting Homes (Wales) Act brought in a new standard that properties must meet to be considered fit for human habitation. This is in line with the 29 standards published by the Welsh Government.
Occupation Contracts
Landlords must give written contracts, called occupation contracts, to those living in their properties (now referred to as contract holders). These must be provided within 14 days of occupation. The type of occupation contract you use will depend on the type of Landlord you are. There are certain fundamental terms that cannot be removed. Landlords cannot add any terms to occupation contracts that conflict with the fundamental terms.
Landlords may have to pay compensation of up to two months' rent if they fail to provide this within the time frame.
Rent collection
An occupation contract will state how much rent is to be paid and when. Landlords are responsible for collecting rent. They agree with their contract holders on which days of the month rent will be paid. They must give their contract holders receipts if requested. Landlords in Wales are restricted in which other fees they can recover from contract holders.
Deposit protection
Landlords must keep their tenants' deposits safe. They do this by putting them into a government-approved deposit scheme and providing the tenant with a certificate. Landlords must also provide the tenant with 'prescribed information'. This sets out the details of the scheme and when deductions can be made from the deposit. You need to do this within 30 days of receiving the deposit.
When your tenant wants to move out, you'll need to return the deposit to them. This is subject to any deductions in line with the tenancy agreement / prescribed information.
Your tenants'/contract-holders' rights
Your tenants/contract-holders have many rights when they are renting a property from you. When they first rent a property, they will sign a contract called a tenancy agreement/occupation contract with you. This gives them several rights including the right to live in the accommodation.
Their other rights include:
To live in a safe property that is fit for human habitation
As a landlord, you must make sure that important things are working properly in the property you're renting. This includes heat, water. You also have the right to see an Energy Performance Certificate for the property.
The right to privacy
Tenants/contract-holders have the right to privacy in your rented property. You must let them know if you want to enter the property. This could be for inspections or repairs. Unless there is an emergency, and you need to enter the property quickly.
Right to have repairs
Landlords are responsible for most repairs of the property.
It's important for you to quickly fix any problems that come up. You should make sure the property stays in good condition.
Right to the protection of the deposit
You must protect your tenants'/contract-holders' tenancy deposit in a government deposit scheme as stated above. They are allowed to receive the deposit back at the end of the tenancy, subject to any deductions due to breach of the agreement.
To know who their landlord is
Your tenants/contract-holders have the right to know who their landlord is. In England, you can be fined if you do not give them this information within 21 days of them requesting it.
In Wales, Landlords must provide the contract holder with notice of their address within 14 days of the occupation date. If that address changes then the Landlord must notify the contract holder within 14 days of the change. Landlords may have to pay compensation of up to two months' rent if they don't provide this within the time frame.
Right to protection from unfair eviction
Tenants/contract-holders have protection from unfair eviction. Landlords must follow legal rules if they want to end a tenancy/occupation contract
Right to challenge unfair rent and charges
In England, tenants have the right to challenge if you increase their rent by lots of money. They can also challenge if you add any unfair charges. You have to follow the law for rent increases. You cannot charge unreasonable fees.
Landlords in Wales may be able to give notice to vary the rent under an Occupation Contract. Landlords in Wales must only recover those classed as 'permitted payments'. These are covered under the Renting Homes (Fees) Wales Act. It usually excludes agency fees and other charges.
Renters reform bill
In 2023, the government said it would make big changes to how private rented homes would be controlled in England. These changes are due to be the first big ones in 30 years. Labour proposed the Renters' Rights Bill as part of its 2023 election campaign. This generally followed the proposed reform bill.
The main proposed changes are:
- Landlords can no longer evict tenants without a good reason.
- Rent increases can only happen once per year
- Landlords must give their tenants at least two months' notice before increasing rent
- Rental properties must meet minimum standards
- Tenants will have more rights to keep pets in their homes
- Landlords will no longer be able to refuse to rent to families with children or those on benefits
- A new ombudsman will be appointed to handle complaints about private landlords
- A new property portal for private landlords and tenants will be created.
Labour promised this bill in its first King's Speech. But the bill still needs to be brought to parliament. It will be scrutinised before it is brought into law.
Renting Homes (Wales) Act 2022
On 1 December 2022, the Renting Homes (Wales) Act came into force. This made lots of changes. These include:
- Standardised Occupation Contracts with fundamental terms that cannot be removed;
- Increasing the length of time it takes a Landlord to regain possession. Narrowing the grounds for possession;
- Introduced an obligation for properties to meet the 29 standards of fitness for human habitation;
- Changed terminology within the sector. Tenants are now contract holders, tenancy agreements are now occupation contracts;
Getting advice
Depending on the situation you may want to get advice. You could talk to a lawyer that knows about the legal issues for landlords. You can find out more about the different types of lawyers on our Lawyers page. This will help you find the right one for you.
If you don’t know if you need legal help or are just looking to get some advice on your options and situation, there are places you can turn to.
Talk to an adviser at your nearest Citizens Advice. You can find out what rights you have.
How to get the most out of your legal adviser
Legal advisers are people who can help you to know what your legal duties are. They can help you in solving any problems you may have with your tenants. They offer trustworthy legal advice. You can rely on this advice to make decisions.
Your legal adviser should:
- Listen to you
- Be honest with you
- Explain your options clearly
- Involve you in decision making
- Make sure you know your rights
- Get things done on time
- Give you copies of your documents
- Tell you in writing what they will charge you
- Give you a receipt for anything you pay.
Complaining about bad advice
If you've had bad advice from a legal adviser, it can be concerning. But it is important to look at issues of bad advice promptly and responsibly. This can protect your legal rights and interests.
You can choose to complain to the Legal Ombudsman. The Legal Ombudsman can help if your legal adviser:
- Gives you bad advice,
- Doesn't reply to your emails, letters, or calls,
- Loses your documents,
- Overcharges you, or
- Doesn't explain things in a way you can understand.