A Simple Guide For Landlords

This guide provides simple and straight forward guidance for landlords who let accommodation in the Private Rented Sector (PRS) in England and Wales.  

Landlords clearly need to know what they are doing, have a clear understanding of which legislation they need to comply with and just as importantly, how to get professional help when needed*. At the last count, there are over a hundred different pieces of legislation which relate to letting properties. Landlords need to be aware of such legislation. 

Failure to comply with all the legislation relating to letting accommodation may lead to heavy financial penalties or, in very rare cases, even a prison sentence.
The latest piece of legislation to affect landlords is the Government's Immigration Act to make landlords legally responsible for checking the immigrant status of tenants and their right to rent in the UK.


Letting a property is by no means an easy matter and landlords should appreciate and understand that the legislation around letting in England and Wales heavily favours tenants rather than landlords. 


This guide gives an outline to the basics which PRS landlords need to be aware of both before and during the letting of a property. This document is in no way exhaustive and a landlord should always seek professional help and advice on any particular problem.


The guide only relates to the standard tenancy type in England and Wales known as the Assured Shorthold Tenancy (AST). 

This type of tenancy applies where it began after 28th February 1997 and the accommodation is separate to the landlord's and is let to someone as their main UK residence.agraph

REGULATIONS FOR LANDLORDS

To enable you to achieve the maximum rental value, it is recommended that your property is presented in a good condition. The Tenant will be expected to leave the property in no worse a condition than entry, as most likely recorded within an

Inventory (with the exception of any fair wear and tear) and therefore it is in your interest to present the property in good condition from the outset. It is recommended that:-

  • What Do I Have To Do? Fire & Furnishings (Fire & Safety Amendment Regulations)

    It is required that soft furnishings, upholstery or upholsteIt is required that soft furnishings, upholstery or upholstered furnishings conform and comply with certain tests.red furnishings conform and comply with certain tests.

  • Yearly gas safety checks are a legal requirement under the Gas Safety (Installation and Use) Regulations 1998

    Landlords must make sure that the gas supply and appliances they have provided are:


    In a safe condition


    Fitted or repaired by a Gas Safe registered engineer


    Checked every 12 months by a Gas Safe registered engineer


    This includes pipework, cookers, boilers, fires and water heaters.



  • The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

    The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1 October 2015.


    The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 will come into force on 1 October 2022. From that date, all relevant landlords must:


    1. Ensure at least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015.


    2. Ensure a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).


    3. Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.


    The requirements are enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.

  • The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2022

    In January 2020, the government announced the much-anticipated introduction of mandatory electrical safety inspections for private landlords.


    The new regulations, titled The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, were officially brought in on 1st April 2020.


    In July 2020, all new tenancies required an EICR. As of 1st April 2021, this requirement applies to all tenancies – new and existing.


    In this article, we’ve put together some information including what the regulations mean for landlords, what exactly an EICR involves and what happens if you fail to comply with the rules.

Gas Safety Certificate

Gas Safety Certificate - if there are gas appliances in a property, a landlord by law must have a current Gas Safety Certificate and have it renewed each year on expiry by a Gas Safe registered gas engineer. The tenant must be given a copy before they move in. They also need to be given copies of any further certificates within 28 days of the inspection.

Energy Performance Certificate 

Every property must have an up to date EPC which provides a rating of the property's energy efficiency rating. Furthermore, a copy should be given to the tenant at the earliest opportunity. An EPC is valid for ten years. Landlords with properties in the poorest energy efficiency bands of F and G will not be allowed to let them after April 2018.


Landlord & Tenant Act 1985

This legislation states the mandatory requirements of a landlord and are as follows:
The structure of the property must be in good repair, condition and working order, including the drains, gutters and down pipes.
The installation of gas, electric and water must in be in good repair and working order.
The sanitary appliances must be in good repair and working order.
The installations for heating water and space heating must be in good repair and working order.
The tenant must be allowed “quiet enjoyment” without harassment.