What a landlord is responsible for

 

    Overview

    Landlords or agents have legal responsibilities to manage tenancies fairly and the keep the properties they let:

    • safe
    • free from health and safety hazards
    • in a good state

    If they do not follow these legal responsibilities, it could lead to a criminal prosecution or a civil penalty.

    Landlords must keep in good condition and repair:

    • the structure and exterior of the building
    • basins, sinks, baths and other sanitary installations
    • heating and hot water installations

    What landlords are responsible for

    Landlords are responsible for the following:

    Gas safety

    As a landlord, you must do the following:

    • make sure gas appliances you provide are safely installed and maintained by an appropriately qualified Gas Safe registered engineer
    • have a registered engineer carry out an annual safety check on every appliance and flue
    • provide a copy of the safety check to your tenant before they move in, or within 28 days of the check being carried out

    For more information, see Gas safe register: Landlord Gas Responsibilities

    Smoke alarms and carbon monoxide

    As a landlord you must install a smoke alarm on each floor of your rented properties.

    You must install a carbon monoxide alarm in any room that contains any appliance which burns, or is capable of burning fuel. This includes gas boilers, wooden stoves, open fires, etc.

    For more information, see GOV.UK: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants

    Please note that this guidance does not contain all of the fire safety requirements that your property may be subject to.

    Electrical safety

    As a landlord you must make sure the national standards for electrical safety are met. These are set out in the 18th Edition of the 'Wiring Regulations'.

    You need to make sure all electrical installations are inspected and tested by a qualified and competent person at least every 5 years.

    You will need to provide your tenant with a 'current' test / condition inspection report (usually an Electrical Installation Condition Report or EICR), before the start of their tenancy.

    If this condition report runs out during an active tenancy, then you will need to arrange for a new inspection of the installation and condition report.

    A copy of the new report must be given to the tenant within 28 days of the test.

    If the report show that further investigative or remedial works is necessary, this must be complete within 28 days or any shorter period if specified as necessary the report.

    You will need to get written confirmation from the electrician once the investigation or remedial works are completed and give this to the tenant and the Council. You must provide this within 28 days one the works have been completed.

    For more information, see GOV.UK: Electrical safety standards in the private rented sector: guidance for landlords, tenants and local authorities

    Energy efficiency requirements

    As a landlord you need to be aware of the Energy Performance of Buildings (England and Wales) Regulations 2012. These regulations require you to show the energy rating of your building using an energy performance certificate (EPC) in most circumstances, when it is rented out.

    An EPC is valid for 10 years.

    If there is no valid EPC, an Energy Performance Assessment must be carried out before a property is put on the market.

    A valid EPC must be given free of charge to the person who becomes the tenant of the property.

    For more information, see GOV.UK: Energy efficiency: what you need to know.

    In addition to the above, you should also be aware of the minimum level of energy efficiency for most private rented properties, see GOV.UK: Domestic private rented property: minimum energy efficiency standard - landlord guidance.

    Currently the minimum energy performance indicator, or EPC rating, is band E and it is unlawful, in most circumstances, to let a property where the EPC rating is below an E rating (i.e. F, G).

    The housing health and safety rating system (HHSRS)

    Landlords need to be aware of the housing health and safety rating system (HHSRS). This is a risk-based assessment of threats to the health and safety of occupants and visitors to a house. 

    The system was introduced under the Housing Act 2004 and is used by Councils, who have a duty to inspect a property if they consider it appropriate to do so.

    We also have a duty to take the appropriate enforcement action where significant hazards are identified.

    The system focuses on the most common potential housing hazards, 29 in all, and is used to make a risk assessment, which can then be used to determine the most appropriate course of action.  

    The system can also be used by landlords to review the conditions in their properties.

    For more information, GOV.UK: Housing health and safety rating system (HHSRS) guidance.

    Licences

    If the property is home to 5 persons or more then you will require a licence to operate the property as a House in Multiple Occupation.

    For more information about landlord licences, see .

    What landlords are generally not responsible for

    The landlord is not generally responsible for:

    • Repairs due to damage caused by tenants
    • Rebuilding the property in the case of damage by fire, flood or other inevitable accident
    • Repairs due to tenants failing to look after the property or maintain it in reasonable condition

    What landlords should fix in a property

    Examples of things a landlord should put right might include:

    • Leaking roofs
    • Damp
    • Damaged pipe work and wiring
    • Heating and hot water problems (e.g. broken boiler)

    Repairs for other things depend on the terms of the agreement between the landlord and the tenant. If a landlord spoils the internal decoration while carrying out repairs they are obliged to carry out, they should repair any damage they have caused.

    If you are a landlord and want further guidance about the standards your property should meet, please contact the Private Sector Housing Team who can offer confidential, impartial advice.

    You can contact the team by: