Are you a landlord in Brighton – and do you know all the responsibilities of renting out a property? Whether you’re looking to rent out a home you’ve inherited or someone thinking of investing in buy to let – letting property for the first time can be a steep learning curve.
There’s a lot to take in, with legislation on everything from your tenant’s immigration status to how often you should check their gas boiler. Get things wrong, and the penalties can be harsh. You could face heavy fines on the statute books or difficulties in repossessing your home if the tenancy goes awry.
But don’t be alarmed; do your research before you start. A systematic approach is the key to getting on top of your landlord’s obligations.
To help you, we answer the main questions people ask about the rules and regulations in the private rental market for landlords.
These are the key landlord responsibilities you should take on before advertising a property to let.
Don’t move forwards with plans to rent out your property before getting permission from your mortgage lender and the freeholder. If you have a residential mortgage, one of your first landlord responsibilities is speaking to your lender. There are usually limitations, and they may want you to seek a buy-to-let mortgage or make another change to your arrangements.
If you’re a leaseholder, you need to seek permission from the freeholder before renting out your property. You can’t take this step for granted – remember that they have the right to include limitations or refuse consent to let. If you break the lease terms by ignoring the freeholder’s rules, you could give them grounds to start repossession proceedings.
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Unless your run an HMO, private landlords in Brighton and Hove don’t currently need a landlord licence. A scheme for selective licensing of private landlords in Brighton and Hove was introduced in 2017. It was designed to support tenants living in properties impacted by anti-social behaviour or poor living conditions. The government withdrew support for the scheme in 2018, but this may change in the future. Keep up to date on the Brighton & Hove City Council website.
Remember that your local authority can check health and safety standards in any private rental property. Environmental health officers can conduct a risk assessment to ensure tenants are safe using the housing health and safety rating system (HHSRS). They will check that the property is safe and that safety rating system criteria are being met across 29 potential hazards. These include sanitation, fire risks, and safety of gas installations.
Yes, all rental properties in the UK require an EPC by law – you risk receiving a fine if you try to rent without one. An EPC measures the energy efficiency of a property. An accredited assessor will conduct the inspection and grade the property with a rating from A, being the most efficient, to G, the least efficient. Legally, a rental property must achieve an energy efficiency rate of E or above.
The certificate is then valid for ten years. A copy of this report should be included in the marketing material for your property.
The Gas Safety (Installation and Use) Regulations 1994 require landlords to ensure that the gas supply and all gas appliances in the property are safe. They should be fitted, repaired and checked annually by a Gas Safe registered engineer. During the annual gas safety check, the engineer will inspect the gas pipework, gas cookers, gas boilers, gas fires and gas water heaters.
The Electrical Equipment (Safety) Regulations 1994 require you to ensure that wiring, plug sockets and any electrical appliances you have provided are safe.
You should organise an inspection by a qualified electrician before your tenants move in and then every five years. Appliances should be checked through portable appliance testing. Checked appliances should carry a portable appliance test (PAT) sticker on the plug, showing the date tested and when the next inspection is due.
Under the Furniture and Furnishings (Fire) (Safety) Regulations 1988, landlords must ensure that any upholstered furniture they provide is fire-resistant and install smoke alarms.
You must fit a working smoke alarm on each floor and carbon monoxide detectors in any room heated by solid fuel. This covers any fire or wood-burning appliance – typical examples are a wood-burning stove or gas fire.
Landlords can be fined and imprisoned if they don’t follow fire safety regulations.
Landlords are responsible for carrying out a Legionella risk assessment on their property’s water systems to protect tenants from Legionnaires’ disease, a type of pneumonia that can prove fatal. You can conduct the risk assessment yourself or instruct a trusted operative to ensure your water systems are health hazards-free.
Since Legionella bacteria thrive in stagnant water, Legionella risks include disused pipework, water tanks and hot water cylinders. You should remind tenants to clean shower heads regularly and inform you if they will be away from the property for an extended period, as the water won’t be flowing. Landlords don’t need a Legionella test certificate, but you should keep records of your checks. You can find more details on the HSE information pages.
Once you have found tenants, you have other legal duties and obligations.
The law says that private rented accommodation landlords in England must check the right of prospective tenants to be in the country. Landlords must check the identity of everyone over 18 and expected to occupy the property. The landlord is responsible for the checks but may pass them to a letting agent as part of a written agreement.
You must check your tenant’s documents – acceptable ones include:
To find out more, visit the government website.
Landlords are advised to make background checks on potential tenants and ask for proof of income and copies of bank statements. Always seek references for your tenants, including from previous landlords. If your prospective tenant hasn’t rented a home before, seek references from their employer or a college lecturer. Check all references to ensure that they are genuine.
It is advisable to have a written shorthold tenancy agreement signed by you and your tenant. The terms of the tenancy must be fair and comply with the law. Your assured shorthold tenancy agreement should include the following:
It’s illegal to rent without supplying these documents to your tenant. You may also find it difficult to take them to court or evict them, should you need to.
Landlords have clear obligations when it comes to protecting tenants’ deposits. Since April 2007, the law has required landlords in England and Wales to safeguard tenants’ deposits in one of three government-approved tenancy deposit protection (TDP) schemes.
The schemes which landlords can join are:
You can decide which you choose. But you must inform your tenant, within 30 days of receiving their deposit, which TDP scheme you use to safeguard their money.
You aren’t obliged to take a security deposit from your tenant, but it is advisable. While most tenants are responsible and will look after their home well, the deposit gives you a safety net in case damage is caused to the property or furnishings.
Landlords in England have to calculate the deposit amount carefully. The Tenant Fees Act, which came into force on 1 June 2019, limits security deposits to the equivalent of five weeks’ rent.
The General Data Protection Regulations (GDPR) were introduced across Europe in 2018, giving people more control over how their data is used. Since you process your tenants’ data, you are legally classified as a data controller. As a landlord, you are responsible for handling your tenants’ personal information in an appropriate and lawful manner and are obliged to comply with GDPR. Read more about GDPR on the government website.
Landlords are legally responsible for certain types of repairs and maintenance in a rental home, including:
Landlords may be responsible for fixing or replacing white goods, including fridges, washing machines and cookers, but only if supplied by the landlord and included on the inventory and tenancy agreement.
You must also ensure the property is fit to live in throughout the tenancy and won’t adversely affect the health or cause injury to the tenants. If the tenant believes you haven’t fulfilled your responsibilities, they can take you to court. Areas covered by this legislation include:
You will need buildings and contents insurance for the property – you must choose a landlord package. Rent guarantee insurance is good if you rely on your rental income to pay the mortgage on a buy-to-let property. For rent guarantee insurance to be valid, you must have undertaken thorough background checks.
Once you rent out a property to your tenant, it becomes their home, and you cannot legally enter the premises whenever you like. If you need access to the property to conduct an inspection or repair, give your tenants at least 24 hours written notice. They have the right to refuse your entry. In a genuine emergency, such as fire, flood or a smell of gas, you may enter without permission.
Landlords should submit a Self Assessment tax return to HMRC to pay tax on earnings of £2,500 or more. You may not need to declare it on a tax return if you earn less than £2,500 after taking off allowable expenses.
You have a property allowance of £1,000 tax-free. You don’t have to complete a Self Assessment return for your rental property if you earn less than this. But you must speak to HMRC directly if you make between £1,000 and £2,500. You may also have to pay Class 2 National Insurance contributions, so carefully check the Gov.uk guidance.
Set out your tenants’ obligations like prompt rent payment, utility bills, upkeep and behaviour, and make sure you know your landlord responsibilities too. Put everything in the tenancy agreement to let everyone know where they stand.
For example, your tenants are solely responsible for repairs to items they own and minor things such as replacing batteries in smoke alarms. They are also responsible for any damage caused by them or their guests, but they aren’t liable for everyday wear and tear. The tenants’ responsibilities also include the following:
Remember, as legislation regarding the private rental sector changes frequently, you must keep up with new laws and regulations.
In a nutshell, your primary landlord responsibilities include:
If you are a landlord in Brighton or Hove, we can advise you further about your legal responsibilities. Contact us to learn more about the services we offer landlords.
FREE LANDLORDS’ CHECKLIST
Our simple to use Landlords Checklist will help you ensure you are on top of your responsibilities and obligations.
Do you have any questions about the topic above? Our team of experts is here to help in answering any query you may have.
Fueled by his desire to be the best, most reputable estate and lettings agent in town, Steve has spent his career cultivating The Property Shop. Steve prides himself on his authenticity, honesty, and knowledge-base which is emulated by The Property Shop and his team.
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