Landlord And Tenant Rights & Obligations

You, whether you are a landlord of tenant, are given certain rights and have specific responsibilities when signing a rental agreement.

Landlord Responsibilities

Even if not stated in the tenancy agreement, landlords have the following legal responsibilities.

Right to Rent Checks

It is the landlord’s legal responsibility to ensure that tenants are able to rent in the UK. Landlords should ask tenants to provide original documents that show they are able to live in the UK .

Tenancy Deposits

Landlords are required to protect the deposits of their tenants in a Government approved scheme, and inform the tenants which one they chose. At the end of a tenancy, deposits must be returned. The landlord has the right to take money from the tenant to cover any damages, but they will need to show that the tenant is responsible. It is wise to conduct an inventory at both the beginning and end of each tenancy.

If the annual rent is less than PS50,000, then deposits are limited to five weeks rent. Landlords may ask for six weeks rent if the annual rental value exceeds this amount.

Documentation for the Start of Tenancy

The following documents must be provided to landlords at the beginning of a tenancy. If tenants fail to provide these documents, it could be difficult to evict them if they don’t pay rent or violate the tenancy agreement.

• Energy Performance Certificate An EPC is a certificate that shows the energy efficiency of your property and is valid for ten year. Before a property can be marketed, landlords will need to obtain an EPC.
• Gas Safety Certificate Every year, a gas safe technician must conduct a gas safety inspection on your property.
• Electrical Installation Condition Report: Landlords are required to have their rental property’s electrical systems tested and checked by an ‘expert’ or ‘qualified person at least once every five years.
• How do I rent? Landlords should give their tenants a copy of the government’s guide to renting.

Repairs and Maintenance

The landlord must make sure that the property is safe for tenants throughout their tenancy. They also have to pay for all repairs and maintenance.

Health And Safety

Landlord’s must:

• Gas safety checks should be scheduled every 12 months by a Gas Safe registered engineer.
• Every five years, obtain an Electrical Installation Condition Report.
• All furniture and furnishings must meet fire safety standards. All sofas, cushions and chairs must bear the fire-resistant symbol.

Landlord Rights

While most of the information is about tenants’ rights, landlords also have rights.

Right to Increase Rent

The landlord has the right to raise the rent, but they must follow the rules in the tenancy agreement. Landlords cannot raise the rent after the expiration of a fixed-term agreement or once a calendar year for a periodic lease.

Access to Property Rights

Remember that your tenant is living in your home while you are a landlord. Don’t show up unexpectedly – ask permission before you visit for repairs and provide adequate notice.

In an emergency situation landlords may be allowed to enter the property without permission.

Right to repossess the property at the end of the tenancy agreement

At the end of a fixed term contract, landlords can take possession of the property. They must however give the required notice, as per the tenancy agreement. Two months is the standard notice period.

Right To Evict A Tenant During A Tenancy

Landlords can take them to court if the tenant fails to pay rent or breaks specific clauses of the contract. If they wish to sell their property, landlords have the right of a no fault eviction. Evictions are subject to strict guidelines.

Tenant Responsibilities

Tenants have many responsibilities towards their landlords

Rent on Time

Tenant’s primary responsibility should be to pay rent on time.

Take Care of Your Property

Tenants should be responsible and take care of their property, as well as being considerate of neighbours.

Ask for Permission

Tenants must always ask the landlord permission to alter the property. Tenants should ask permission for a pet to be kept or a lodger to be allowed into the home. If they plan to be away from their property for a prolonged period of time, tenants should notify their landlord.

Access to Repairs and Maintenance

Tenants should let their landlord inspect the property to determine if repairs are needed. Tenants should allow their landlords to access the property to inspect it and to repair or conduct safety checks for gas and electricity.

You must end the tenancy in a proper manner

Tenants must properly end their tenancy or they could still be responsible for rent. The notice period for periodic tenancies is usually two months. A fixed-term agreement might not allow the termination of the tenancy before the end date specified, unless there’s a break clause. Tenants with a fixed-term tenancy that plan to leave before the end of the tenancy will need to notify the office. Some contracts are considered period tenancies and may not be terminated unless notice is given.

Tenant Rights

The UK has a lot of protection for tenants. They are protected by a wide range of laws to make sure they don’t get exploited or live in unsafe accommodation.

You can enjoy the property in a quiet, peaceful way

Tenants have the right to reside in the property for the period specified in their contract. The landlord cannot force tenants to move out of their property before the contract ends, unless they have broken the terms of the agreement. Tenants have the right of peaceful living in their home. The landlord must give notice to tenants and get permission before they arrive at the property.

Tenant Fee Ban

Tenant Fee Ban Act makes it illegal for landlords and letting agents to charge renters fees. Our blog, “The Letting Agent Fee Ban UK”, provides more information on what charges tenants can and cannot be made.

Unlawful Discrimination

Tenants have the right to not be discriminated against in the rental or tenancy process, according to the Equality Act 2010.

Contact us for more information on renting or leasing a property.