How landlords and tenants can fulfil their legal obligations

Landlords are faced with numerous rules and legislation that they must adhere to when letting their properties to tenants, and they must follow rules that protect their tenants, as well as themselves, or risk facing legal repercussions.

For example, a landlord is responsible for getting an Energy Performance Certificate for each property they let out, and for making internal and structural repairs to a property (including heating and hot water systems and maintaining baths, sinks and other installations) when required.

All furniture and furnishings (when provided as part of a tenancy agreement) must meet EU regulations and be fire safe, which is a landlord’s responsibility to check.

Obtaining an annual Gas Safety Certificate from a licensed tester is also a landlord’s responsibility, as is making sure that all gas appliances, electrical appliances and wiring in the property are also tested regularly to prove that they are safe.

Landlords must also ensure that a tenant’s deposit is securely stored in a scheme approved by the Government.

According to a recent survey conducted by British Gas, one of the most common problems that landlords have to sort out is boiler breakdowns, blocked drains and electrical faults, with each of these costing approximately £542, on average, to fix the source problem and repair any resulting damage.

While landlords must remember to act on a tenant’s reasonable complaints, and deal with their issues quickly, a tenant also has responsibilities that include: taking care of the property, paying their rent in full and on time (unless agreed otherwise), paying household bills like Council Tax, Gas, Electricity and Water (unless they are included as part of the rental agreement), and adhering to conditions of the tenancy.

In a property affected by vermin, tenants may be able to bring a prosecution under section 82 of the Environmental Protection Act 1990; however, if rats are drawn to a property because rubbish is not disposed of correctly, it is the tenant’s responsibility to deal with the issue.