Don't put yourself at risk. Make sure you're aware of Tenancy compliancy rules.
Managing a rental property can be complex, especially when considering the numerous legal requirements landlords must follow to stay compliant. Here’s a breakdown of some key areas of tenancy law and recent changes in lettings legislation to help landlords—especially those who manage their properties themselves—stay on the right side of the law and avoid costly fines.
Landlords are legally required to register their tenant’s deposit in a government-approved scheme. This must be done within 30 days of receiving the deposit. The three approved schemes are:
- Deposit protection service (DPS)
- MyDeposits
- Tenancy deposit scheme (TDS)
Failing to register the deposit or provide the tenant with proof of registration can result in significant fines—up to three times the deposit amount. Moreover, this can complicate eviction procedures, as a failure to comply with deposit regulations may make it difficult to evict a tenant legally.
Gas safety certificates
Landlords must ensure the safety of gas appliances in their rental properties. A gas safety certificate issued by a qualified Gas Safe engineer is required every 12 months. A copy of the valid certificate must be provided to tenants before the start of the tenancy, and landlords must retain certificates for at least two years.
Without a valid certificate, not only is the landlord risking the safety of their tenants, but they are also at risk of nullifying any future eviction efforts.
Electrical safety certificates
Electrical safety is another crucial area of compliance. Every five years, landlords must have the electrical installations in their properties inspected and tested by a qualified individual. The resulting electrical installation condition report (EICR) must be shared with tenants and local authorities if requested.
This regulation ensures that properties meet safety standards and that landlords are providing safe, habitable homes.
Energy performance certificate
An energy performance certificate (EPC) is required for all rental properties. This certificate rates a property’s energy efficiency on a scale from A (most efficient) to G (least efficient). Landlords must provide tenants with a copy of the EPC before the tenancy begins, and it is illegal to advertise or let a property without a valid EPC.
Properties must meet a minimum EPC rating of ‘E’, and there are plans for this threshold to rise to ‘C’ in the future. Failing to meet the required standards can lead to fines or an inability to rent the property.
Right to rent checks
Landlords must ensure that their tenants have the legal right to rent in the UK. This involves checking the tenant’s identification and confirming their legal status. Failing to perform these checks can result in fines if an illegal tenant is found to be occupying the property.
Summary
Navigating tenancy law can be overwhelming, but compliance is essential for landlords. Keeping up with key regulations—such as registering deposits, obtaining safety certificates, and ensuring tenants’ legal right to rent—helps landlords avoid hefty fines and potential legal challenges. As legislation continues to evolve, it’s important to stay informed and regularly review compliance obligations to ensure that properties meet legal standards.
As a responsible landlord, there are quite a few regulations you need to keep in mind. It’s always better to be safe than sorry when it comes to staying compliant. Did you know there are actually over 100 different pieces of legislation in place right now?
