1 May 2024
1 May 2024
Being a landlord can have many benefits, but it is important to know your responsibilities to protect both you and your tenants.
The 5 key things to remember are as follows:
Before renting out your property you want to ensure that you have a written Agreement in place, signed by both parties. You should go to a solicitor to have your Tenancy Agreement drawn up, that way, the Agreement will incorporate all the clauses that you require and will protect you, as well as your tenant.
If your tenant is paying a deposit for the property, whether it is to you directly or a letting agent, you need to ensure this is protected under a government approved deposit protection scheme. In addition, you must ensure that the tenant is provided with the prescribed information which details as to how the deposit is protected.
If you do not protect your tenants deposit under an approved scheme, this can have major repercussions. Your tenant has the right to take you to court and you may be ordered to pay the tenant up to 3 times the original deposit amount by way of compensation. In addition, if you want to evict your tenant and you haven’t protected the deposit, you will be unable to issue a Section 21 Notice unless you give the tenant their deposit back. A hiccup like this when trying to evict a tenant can cause unnecessary delay and costs.
You should not be renting out your property unless you have a valid Energy Performance Certificate (EPC). For newly let properties or renewal tenancies, the rating must be a minimum of E. It is important that you check this before allowing a tenant to move in, if you choose not to comply with this, you could face a fine of £5,000 from the Local Authority.
You will not be able to evict a tenant under a Section 21 Notice until a copy of the certificate has been provided to the tenant, therefore, to avoid delays and ensure you are compliant, you or your letting agent should provide the tenant with the EPC at the start of the tenancy.
If your property benefits from using gas, you must have a gas safety check conducted every year. The check needs to be done by a registered Gas Safe engineer. It is essential that you have a gas safety check done prior to any tenant moving into your property. You or your letting agent must provide the tenant with a copy of the gas safety certificate at the start of the tenancy. If your tenant renews their tenancy you must continue to provide them with a copy of the gas safety certificate every year.
Failure to comply with the above can cause complications if you want to evict a tenant. A tenant must have copies of all relevant gas safety certificates before a Section 21 Notice can be issued.
You must provide your tenant with a copy of the latest How to Rent Guide at the start of their tenancy, this can be provided to them by you or your letting agent. The How to Rent Guide provides necessary information to tenants. If your tenant decides to renew their Tenancy Agreement, you will not have to provide them with a further copy of this, unless a new version of the guide has come out.
You are unable to evict a tenant through a Section 21 Notice unless this document has been provided to the tenant.
Being a landlord and evicting a tenant can be a stressful process so it is important that you comply with all the above to avoid complications further down the line. To avoid mistakes, make sure your tenant has been provided with everything at the start of the tenancy. It is also important to note, whilst many landlords use a letting agent to handle the running of their tenancies, you are still the landlord and will still be liable if any of the above hasn’t been complied with. Therefore, communicating with your letting agents is crucial to ensure the process runs smoothly.
