Whether you’re a seasoned buy-to-let investor or a first-time landlord you need to keep sight of everything that needs to be done to stay compliant when letting. Failure to stay compliant with the latest regulations could lead to fines, or even prison in the most extreme cases. Thus landlord compliance is not something you should take lightly.
To help keep you on track we have put together a useful landlord compliance checklist to refer to;
Landlord Compliance Checklist
Landlord Compliance Checklist
ENERGY PERFORMANCE CERTIFICATE (EPC) It’s a legal requirement to have a valid EPC for your property. This is to comply with the minimum level of energy efficiency required to let a domestic property under the Energy Efficiency Regulations 2018.
ELECTRICAL INSTALLATION CONDITION REPORT (EICR) To comply with The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, electrical installation in residential properties must be inspected and tested at intervals of no more than five years by a qualified and competent person. A copy of the electrical safety report must be provided to the tenant and to the local authority if requested.
LEGIONNAIRES’ DISEASE In accordance with the Health and Safety Executive’s code of practice, a Legionnaires’ disease risk assessment must be carried out at the property.
FURNITURE AND FURNISHINGS All furniture supplied must meet the standards of the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2010 and be manufactured from fire resistant materials.
FIRE SAFETY Under the Regulatory Reform (Fire Safety) Order 2005, periodical fire risk assessments must be carried out in the common areas of HMOs, flats, maisonettes and sheltered accommodation.
GAS SAFETY CERTIFICATE To comply with The Gas Safety Regulations of 1998. An annual gas safety inspection of gas appliances, pipe work and flues must be carried out by a Gas Safe Registered Engineer who will issue a Gas Safety Certificate as proof of the inspection.
SMOKE AND CO2 ALARM In accordance with The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022. At least one smoke alarm must be installed on every floor of a rental property. All rooms with a solid fuel source must also have a carbon monoxide alarm installed.
CONSENT TO LET A PROPERTY Where the property to let is subject to a mortgage, permission may be required from the mortgagees to let the property.
INSURANCE You must make certain that your property is adequately insured. Moreover, your policy will be void if your insurers are not aware that the property is being let.
LICENCE (HMO) Where a property falls under a licensable House of Multiple Occupation (HMO), evidence of the HMO licence is required to confirm that the property complies with all relevant regulations.
Further Landlord Responsibilities
Beyond the above compliance regulations there are further responsibilities to keep in mind when letting a property.
As a landlord you are responsible for the majority of repairs and maintenance in your rental property. This includes electrical, wiring, plumbing, hot water & heating and repairs to the external structure and integrity of the building.
It’s also your responsibility to ensure that your rental property is ‘fit for human habitation’ for the duration of the tenancy. This covers issues such as damp, mould, vermin infestation etc. If the tenant believes you haven’t fulfilled your obligations in this regard, they can take you to court.
When letting a property in England you are required to check your tenant’s right to rent your property. You must also protect your tenant’s deposit in a government-approved security deposits scheme.
Finally, as a landlord you should keep detailed records and copies of all the relevant compliance documentation. You should also keep copies of your tenancy agreement, inventory and income so you can complete your annual tax return.
Should You Self Manage Or Use a Letting Agent?
Now you have a good overview of the responsibilities involved in being a landlord. You need to seriously consider whether or not you can commit to managing the property yourself. Many landlords feel they are better off instructing a letting agent to manage the process for them.
Letting Agents
Managing property can be overwhelming, stressful and time-consuming. Most landlords decide to put their trust in a letting agent to handle the process and take away the hassle. It’s important to understand exactly what your letting agent offers as part of their management service. Service levels and standards vary widely between agents. Click here for an article on six common pitfalls to look out for when instructing a letting agent.
Steve Ballam, owner of Martin & Co Poole, has over 20 years of experience in the property and lettings industry, offering expert knowledge of the local market. Known for his exceptional service, he is dedicated to supporting sellers, landlords, and tenants. In his free time, Steve enjoys travel, cooking, and staying fit.
