Landlords

Navigating Legal Landlord Obligations with Hern & Crabtree

Navigating the private rented sector can often feel like an ever-growing labyrinth of dos and don’ts. Whether you’re already a landlord or considering becoming one, it’s crucial to stay informed about your legal obligations. At Hern & Crabtree, we collaborate closely with landlords to ensure efficient property management. Here are nine essential need-to-knows for landlords:


  1. Find out if you need a landlord licence

Before seeking renters, check with your local council to see if you need a landlord licence. Legislation introduced in 2006 means some areas have implemented licensing to clamp down on rogue landlords.


  1. Stay on top of tenant checks

Rigorous tenant referencing is vital to ensure your tenants are reliable and responsible. This includes credit checks, references from previous landlords and verifying the right to live in the UK lawfully.

Top tip: Check with your tenant's previous landlord, as well as their current one, for a fuller picture.


  1. Protect your tenant's deposits

You must protect your tenants’ deposits in a government-accredited scheme within 30 days of receipt. Provide the Deposit Protection Certificate, Prescribed Information, and the Government’s How to Rent guide to your tenant. Choose from the Deposit Protection Service (DPS), MyDeposits, or the Tenancy Deposit Scheme (TDS).


  1. Provide a valid EPC

Ensure your property meets energy performance standards and provide an Energy Performance Certificate (EPC) to your tenant. Properties must be rated at least ‘E’ in the EPC as of 1 April 2018 to avoid fines.


  1. Do your safety checks

Legally, all gas appliances must be checked annually by a Gas Safe-registered engineer and tenants must receive a Gas Safety Certificate within 28 days of the check. Smoke alarms are required on every floor, and carbon monoxide detectors must be installed in rooms with solid fuel. New electrical safety regulations from 1 June 2020 mandate inspections of electrical installations every five years by a qualified electrician. Ensure your rental property is fit for human habitation to comply with the Homes (Fitness for Human Habitation) Act 2018.


  1. Draw up a tenancy agreement

While not legally required, a tenancy agreement, specifically an Assured Shorthold Tenancy Agreement (AST), is crucial for handling issues like rent arrears. Once signed, it becomes a legally binding document between you and your tenant.


  1. Carry out regular inspections – with permission

Regular property inspections are advisable, but you must obtain tenant permission. Provide 24 to 48 hours’ written notice, as stipulated in your tenancy agreement.


  1. Get the right insurance

Landlord insurance should cover loss of rent, damage, legal expenses and liabilities. Standard building insurance typically doesn’t offer the protection landlords need, so seek specialist landlord cover.


  1. Get the property ‘rental ready’

Prepare your property according to your target tenant's preferences. If furnished, ensure modern decor with wide appeal and highlight key features like a south-facing garden, terrace, off-road parking, or good transport links. Above all, the property must be clean, tidy and safe.

 

By following these guidelines, landlords can ensure they meet their legal obligations and provide a safe and welcoming environment for their tenants. Hern & Crabtree is here to support you every step of the way, making property management as seamless as possible. Find out more about the landlord process here.


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Fees

Refundable Holding deposit - Capped at 1 weeks rent

Security Deposit - Capped at 5 weeks rent for annual rental under £50,000, or 6 weeks rent for annual rental over £50,000

Rent - The agreed monthly rent

Changes to tenancy - Capped at £100 inc VAT

Early termination charge - Not exceeding the landlord’s financial losses

Late payment of rent - Interest of 3% above BoE base rate for each day the rent is late, once it is 14 days overdue

Replacement keys - Reasonable costs or give the tenant the option to purchase themselves

Utilities, council tax, communication services, TV Licence etc - Tenants own responsibility unless otherwise stated in contract