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Landlord Legal & Compliance Maintenance, Repairs & Decorating Managing Your Rental Property

Key Repair Responsibilities – how to keep your tenants safe

repairs

Key Repair Responsibilities - how to keep your tenants safe

Landlords are responsible for most repairs in a privately rented property. However, landlords can only make repairs when they are told about them either via text message, email or using a third-party service like our Log A Job platform service.

What do landlords have to repair?

In the first instance, all repair obligations should be detailed in the tenancy agreement however, there are things that landlords are obligated to fix whether or not it is stated in the tenancy agreement. These responsibilities can’t be removed by anything your tenancy agreement may say and landlords aren’t allowed to charge tenants for any repair work that is their responsibility to fix.

repairs

So it is a good idea for landlords to have a sinking fund for these types of obligations so should they need to fix something urgently, there are funds available to use to help ensure landlords are meeting their legal obligations to keep the privately rented property in a state of good repair.  So things like

  • the structure and exterior of your home, i.e., the roof, the walls, the drains, windows etc
  • toilets, sinks, baths and drains
  • electrical wiring
  • radiators
  • water and gas pipes
  • heating and hot water

The timescales to fix a repair will depend on what needs to be done and how serious it is however in all cases the landlord must carry out repairs within a reasonable period of time.

Don’t tenants have responsibilities too?

Yes, tenants are responsible for some repairs as well as paying for it themselves. They are responsible for

  • fixing furniture or appliances they own
  • any damage caused by themselves, their guests and/or family guests
  • any minor repairs set out in the agreed tenancy agreement

Additionally, if tenants don’t take responsible care to keep things like toilets or drains clear, landlords can ask the tenant to pay the repair costs.

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Smoke and Carbon Monoxide Alarm Regulations

smoke alarm

Smoke and Carbon Monoxide Alarm Regulations

Although 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. 

It is important to note that there will be no transitional period after 1 October 2022 and the local authorities can impose a fine of up to £5,000 if a landlord fails to comply with a remedial notice.

What do the new Regulations mean?

In brief, all landlords must now ensure

  • that a carbon monoxide alarm is provided on each storey of their homes where there is a room used as living accommodation
  • that a carbon monoxide alarm in any room used as living accommodation which contains a fixed combustion appliance, this does not include gas cookers. It should be stated that this has been a legal requirement in the private rented sector since 2015
  • that smoke alarms and carbon monoxide alarms are repaired or replaced once they are informed and the alarms are found to be faulty. 
smoke alram

Are the tenants responsible for anything?

Landlords will be responsible for repairing or replacing any faulty alarms however if the tenant finds that their smoke alarms and carbon monoxide alarms are not in working order during the tenancy because of the batteries, then they are advised to arrange for the replacement of the batteries.

If the alarms do not work after replacing the batteries, or if tenants are unable to replace the batteries themselves, then they should report this to the landlord.

Landlords should also consider providing their tenants with instructions on how and how often to test the alarms to make sure they are in working order.

Which tenancies are exempt from these regulations?

  • shared accommodation with a landlord or landlord’s family
  • long leases
  • student halls of residence
  • hotels and refuges
  • care homes
  • hospitals and hospices
  • low-cost ownership homes
  • other accommodation relating to health care provision
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Redress scheme update for private landlords

Redress scheme update for private landlords

A redress scheme is an independent body set up to resolve complaints made by consumers against a member of the scheme. From 1 October 2008, every person in England who engages in estate agency work (property managers and letting agents) must be a member of an independent approved redress scheme. Private landlords can also join a redress scheme should they wish to do so, however, this is not a legal requirement.

There are only three redress schemes that an agent can join. They are:

How does it work?

The scheme allows consumers to escalate a complaint they have against a member of the scheme. The main aim is to resolve or settle unresolved complaints from consumers who have suffered a loss as a result of the actions of the member of the scheme. Redress schemes can order their members to pay compensation, with the threat of expulsion if the compensation is not paid.

What is the update for Private Landlords?

In January 2019 the Communities Secretary announced that all private landlords would be legally required to join a ‘housing redress scheme’ but since then there has been no sign of detailed proposals, however, in January 2020, the Government confirmed that leaseholders would be benefitting from a redress scheme, and as recently as March 2021 the current Housing Secretary, Robert Jenrick, stated in a speech to the National Housing Federation Summit that “tenants should be able to seek redress in a reasonable time without an uphill struggle and know that they will be heard”.

To this end, they have partnered up with the Property Redress Scheme and more recently The Dispute Service to set up a pilot scheme for their members. The scheme which will be free to NRLA members will provide a route for tenants to have their unresolved complaints dealt with by an independent third party in a confidential and non-confrontational process.

How can Property and Homes Management help Private Landlords with the scheme?

Our platform is all about helping landlord manage their properties more efficiently when it comes to repair and maintenance issues. By using our self-management service, landlords are able to act quickly when dealing with repair requests from their tenants, which in turn will help to reduce the need for the tenants to make complaints.   

By also keeping a track of the repair logs, a landlord can use our service to show a clear history of their dealings with tenant repair requests.

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Energy performance certificate updates for landlords

energy performance certificate

Energy performance certificate updates for landlords

Landlords renting their property in the UK are expected to have an energy performance certificate (EPC), which confirms how energy-efficient the property is.

What is an Energy Performance Certificate?

An EPC gives detailed information about your property’s energy efficiency and carbon dioxide emissions. They were first introduced in England and Wales in 2007 and they are valid for 10 years, so depending on when you bought the property, you may still have a valid EPC.

An assessor will carry out a full inspection and the property will be given an energy-efficiency grade between A and G, with A being the best (he most energy-efficient) and G being the worst (least efficient). Click here to view an EPC sample.

Your EPC will also come with a recommendation report containing advice and improvements that will make your property more energy-efficient.

As a landlord, you have a legal responsibility to carry out the changes suggested in your EPC report and you may spend up to a maximum of £3,500 on these energy efficiency improvements, including any funding or grants given by the government, local authorities or energy companies.

If your suggested improvements exceed £3,500, you can apply for a high-cost exemption via the PRS Exemptions Register.

What are the current EPC requirements?

The Minimum Energy Efficiency Standard regulations set a minimum energy efficiency standard of Energy Performance Rating E for domestic private rented properties in England and Wales however the Government has committed to upgrading as many private rented sector homes as possible to an EPC Band C by 2030, where practical, cost-effective and affordable.  

When do I need to renew my EPC?

If an EPC expires after the 10-year period, landlords are not automatically required to get a new one unless you intend to let to a new tenant, or you wish to sell the property. Remember, you are legally required to provide your tenant with a copy of the EPC.

What are the new EPC regulations for landlords in 2021?

So in 2021, changes to the Minimum Energy Efficiency Standards were announced that will affect landlords and rentals from 2025.

The Government’s preferred policy scenario which is currently under consultation for improving the energy performance of privately rented homes comprises of four elements:

  • Raising the energy performance standard to an EPC energy efficiency rating of Band C;
  • A phased trajectory for achieving the improvements for new tenancies from 2025 and all tenancies from 2028;
  • Increasing the maximum investment amount, resulting in an average per-property spend of £4,700 under a £10,000 cap
  • Introducing a ‘fabric first’ approach to energy performance improvements.

The findings of the Government’s consultation are expected to be published in 2022.

energy performance certificate

How can landlords prepare for the new 2025 EPC regulations?

The government have recommended a “fabric first” approach, which includes covering a wall, loft and floor insulation. The installation of a smart meter is also recommended.  It is important to note that energy performance investment is currently capped at £3,500 for landlords, but as the higher EPC rating will require a greater investment, the cap will be raised to £10,000.

The government estimate that on average the improvement needed to reach an EPC rating of “C” will cost landlords around £4,700.

As you can imagine, achieving an EPC rating of ‘C’ will be more difficult than an ‘E’, especially if you have a property, so landlords are encouraged to apply for the Green Homes Grant where possible.

What happens if I don’t have an EPC?

You may be fined up to £5,000 by your local authorities if you are found to have no EPC, however, when the regulations are updated in 2025, the penalty for not having a valid EPC of ‘C’ or above will be raised to £30,000.

Also, remember that EPC requirements aren’t the only announcement for landlords in 2021 as mandatory electrical safety inspections came into force in April. Click here to read about these changes.

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Tenancy Deposit Protection – Which is right for you?

Tenancy Deposit Protection – Which is right for you?

Since the Housing Act came into effect in 2004, as a landlord, it has been a legal requirement to put your tenants’ deposit into a government-approved tenancy deposit scheme if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:

The schemes are designed to keep the tenant’s money safe and to help make sure they get back what they are owed at the end of your tenancy. There are two types of schemes offered by the government-approved providers, insured and custodial.

Custodial or Insured, which option is best for you?

The custodial deposit protection schemes are ideal for landlords who don’t want to hold the deposit themselves and is usually free for landlords to join and use.

Custodial scheme

A custodial scheme protects a tenant’s deposit because:

  • the scheme administrator holds the deposit until it is required to be paid back
  • the deposit is safe if the landlord or their letting agent goes out of business

Insured deposit protection scheme

The insured deposit protection scheme is completely free to join. As a landlord, you pay a small fee to protect each deposit, which means you can keep your deposit in your bank account for the duration of the tenancy, keeping the accrued interest and at the end of the tenancy, you as the landlord would administer the repayment with the tenant. If the tenant disputes any deductions, the protection schemes you joined would provide a free dispute resolution service.

 

 Custodial

 Insured

Deposit held by

Scheme provider

Landlord

Cost

Free

Small fee

Landlord/Agent must provide prescribed information

Yes

Yes

Can return the agreed deposit without involved scheme

No

Yes

Must involve scheme with disputes

Yes

Yes

Free alternative dispute resolution

Yes

Yes

Dispute decision is final

Yes

Yes

How much should the deposit be?

The tenancy deposit will usually be the same amount as 4 or 5 weeks’ rent as it is now illegal for landlords to force tenants to pay a deposit of more than 5 weeks’ rent (or 6 weeks’ rent if the annual rent is more than £50,000).

It’s all about timing

Landlords or letting agents must put the deposit in the scheme within 30 days of getting it and then provide the tenant with the ‘prescribed information’ which includes details about the property and your deposit. Once you have registered with a scheme will give you the option to print out the ‘prescribed information’. Landlords cannot evict tenants with a section 21 notice if they haven’t given their tenants this information.

At the end of the tenancy

Landlords must return a tenant’s deposit within 10 days of both agreeing how much will be paid back after you have dealt with any issues that may require a deduction from the rent (i.e. unpaid rent, damage to the property etc.).

If the tenants dispute the amount to be paid back then the deposit will be protected in the Tenancy Deposit Protection scheme until the issue is sorted out.

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Self Management as a Landlord – What it’s all about

self management

Self Management as a Landlord – What it’s all about

So what exactly is self-management? I mean I know you want to buy a property and rent it out yourself, but are you really ready to self manage your own property without the help of a property manager.

What is Self-management?

Self-management, in the context of property, simply means you as the landlord, managing your own property, from finding tenants to organising your inventory, to sorting out the deposit, ensuring you have a tenancy agreement drafted that deals with repairs that come up during the course of the tenancy. In a nutshell, everything alls to you as the landlord to research, organise and implement and in most cases, this is a lot of work to do.

self management

However a lot of people, (like ourselves) have noticed that as much as some landlords sometimes can and may want to do it all by themselves, it does help to have a little helping hand from those who have been in the property business for longer. 

Pros of self-management

Of all the pros of self-managing your own property, here are the two main ones that landlords tend to find attractive about managing your property yourself, such as:

  • More control – you will essentially be in charge of making all the decisions in relation to the property. You get to choose your own tenants, build a good relationship with them and have a better oversight on the condition of your property.
  • Save money – by managing the property yourself, you don’t have to pay a percentage of your profits to a management agent to manage your property for you.
Cons of self-management

While there are some advantages to self-management, there also are a number of disadvantages, two of which are:

  • Legal and financial responsibilities – there are legal and financial mistakes that you as a landlord could face when trying to self manage your property by yourself. For example, making sure you have registered the deposit, carried out an inventory check, keep the property in good repair, etc.
  • The demand on your time – let’s put it simply, if a tenant calls you at 3 am about the loss of heat or a burst pipe, you have to find a solution fast. As the first port of call for all tenant enquiries, you (the landlord) will have to ensure that you have given your tenant’s contact details to speak to you when they have questions or issues with the property.
self management
The alternative

Before you jump ahead and think the alternative is having your property managed by a managing agent think again. As well as being a property management business, we are one of the very few who offer landlords who want to self manage their own property, an alternative that allows them to do that but with the support of our experience within the property market.

You can CLICK HERE to find out more about this service, but in brief, the alternative we offer our clients is access to our unique platform.

Our property management platform is a quick, simple, jargon free and easy to use platform that takes away all the hassle, stress and core administrative tasks of managing a property, all without the need to hire a dedicated estate agent.

You don’t need to download software or learn how to use complex tools it is all done online through our website. 

So managing your property doesn’t have to be stressful or time-consuming.

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Different types of tenancy agreements in the UK

Different types of tenancy agreements in the UK

A tenancy agreement is a document that sets out the terms of a tenancy. When you’re renting out a property, having a written tenancy agreement is a good way of making sure that the rental conditions between you and your tenant are clear. However, with the different types of tenancy agreements, we have in the UK, which is the right one for you?

Tenancy types

The most common tenancy agreement is the assured shorthold tenancy and unless your property rental fulfils certain criteria, it’s likely that an assured shorthold tenancy agreement is the right one for you. But let’s go through the different types we have in the UK.

Assured shorthold tenancy (AST)

An AST is the default tenancy agreement in the UK. As long as the property is a private rental, the tenancy started after 15 January 1989, the property is the tenant’s main accommodation, and you as the landlord don’t live in the property, it is likely to be rented on an assured shorthold tenancy.

ASTs are typically given for a period of six months but can be for longer and they usually are as most ASTs will usually state an initial fixed term of 12 months. After the fixed term is over, the tenancy agreement automatically becomes periodic tenancy, (a monthly rolling contract) with the same rent if you don’t sign a new contract with your tenant.

You are also required to protect the tenant’s deposit in a government-approved deposit protection scheme.

A tenancy cannot be an AST if:

  • it began or was agreed before 15 January 1989
  • the rent is more than £100,000 a year
  • the rent is less than £250 a year (less than £1,000 in London)
  • it’s a business tenancy or tenancy of licensed premises
  • it’s a holiday let
  • the landlord is a local council

Assured tenancy

Assured tenancies don’t provide landlords security of tenure and equip tenants with more protection against eviction. Assured tenancies were more commonly used in the past: tenancies that began between 1989 and 1997 may be assured tenancies, and they give tenants long-term tenancy rights.

Under assured tenancies, landlords must wait for specific circumstances that break the tenancy agreement to occur. So, If you’re just beginning to rent out your property, you’re unlikely to opt for this type of tenancy. 

Non-assured shorthold tenancy

Non-assured shorthold tenancies tend to be used when assured shorthold tenancies can’t be. This may be because the rent is less than £250 per year, the tenant has their main home elsewhere, or if a landlord lives in the same property as their tenants but doesn’t share any facilities.

Landlords who opt for an assured shorthold tenancy don’t need to pay a tenancy deposit into a government-backed deposit protection scheme, and you don’t have to give a Section 21 or Section 8 Notice to end the tenancy. However, the tenant has the right to stay in the property until the end of the fixed term, as long as they comply with the terms of the tenancy agreement.

Excluded tenancy

Excluded tenancies tend to be used by landlords who live in the same property and share facilities with their tenants. Landlords don’t need to protect the tenant’s deposit in a government-approved deposit scheme, and they can usually evict the tenant without a court order. Usually, this means the length of the rental period, so if your tenant pays rent weekly, landlords are within their rights to give one week’s notice.

Regulated tenancy

This form of tenancy was used before 1989, and it was a long-term tenancy. You are unlikely to use this type of tenancy agreement.

Company let

A company let is when a company rents residential accommodation for its own staff or directors. So you are renting to a company rather than an individual and this means that it’s not governed by the same rules when it comes to things like deposit protection and eviction.

Renting property to companies can be very lucrative but if you rent to the wrong company it can also be problematic.  A company can close down, for example, if it becomes insolvent, in which case it may prove impossible to recover unpaid rent. So ensure you do all your due diligence before renting the property to a company.

Can I change a tenancy agreement?

Usually, tenancy agreements can only be changed if both the landlord and tenants agree. If this is the case, all changes should be recorded in writing by either drawing up a new tenancy agreement or amending the existing tenancy contract.

Do I need to get a written copy of my tenancy agreement?

Landlords in England and Wales aren’t legally required to provide tenants with a written copy of a tenancy agreement.

A tenancy agreement can exist even if there’s only an oral agreement between a tenant and a landlord, but it is important to know that oral tenancy agreements can be difficult to enforce as there is evidence to prove what has and hasn’t been agreed.

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Electrical Installation Condition Report Updates for Landlords

Electrical Installation Condition Report

Electrical Installation Condition Report Updates for Landlords

An Electrical Installation Condition Report is a formal document produced by a qualified electrician after completing an assessment of the electrical systems of your rented property.

The electrical installation for your properties as landlords must meet regulated standards in order to ensure safety. Landlords are therefore responsible for ensuring the property they rent out has an electrical installation. It needs to be safe to use by your tenants throughout their tenancy.

What's new with Electrical Installation Condition Reports

Prior to June 2020, it wasn’t a requirement for landlords to get the Electrical Installation Condition Report. However, after June 2020, new Regulations require landlords to have the electrical installations in their properties inspected at least every 5 years.

The new Regulations apply to all new tenancies from 1 July 2020 and for existing tenancies, from 1 April 2021.

Electrical Installation Condition Report

The government can impose large fines and possible prison sentences if you do not have an EICR. It is also not enough to say you were not aware you had to have a report done.

What happens when I don’t have my electrical system tested out?

Aside from the EICR, as landlords, there are several health and safety laws you have to abide by. Failure to fulfil those legal duties puts you at risk of claims of negligence or damage.

The EICR is also important when it comes to insurance. You need to be confident that your insurer will cover potential damages to your property caused by electrical faults.

What happens if I don't pass the EICR?

If your EICR report reveals issues with your electrical system, the results will come out as “Unsatisfactory,”. This means you will need to undertake some remedial work. The qualified electrician should provide you with a list of what should be done and a fixed price quote.

You will need to resolve any electrical issues within 28 days, beginning with the day when you received the recommendation from the qualified electrician.

Need more help?

More information about how to carry out the checks is available online at www.gov.uk.

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Are right to rent checks a legal requirement?

right to rent

Are right to rent checks a legal requirement?

So what are right to rent checks and why should you even care?

The right to rent checks relates to a person’s immigration status. So this is when a prospective tenant(s) of a rental property shows their identity documents to a landlord or letting agent. The landlord/letting agent must take a copy of the documents seen and record that the check has been completed.

At the start

Before the start of a new tenancy, a landlord/letting agent must check all tenants aged 18 and over, even if:

  • they are not named on the tenancy agreement
  • there’s no tenancy agreement
  • the tenancy agreement is not in writing

Children under the age of 18 are exempt from the checks, but landlords/letting agents may need to verify their age.

right to rent

Immigration status

Depending on the tenant(s) immigration status and which type of leave to enter or remain in the UK they have, people can have:

1. An unlimited right to rent

  • a British or Irish citizen
  • a Commonwealth Citizen with right of abode in the UK
  • a person with indefinite leave to remain (ILR) in the UK, including settled status granted under the EU Settlement Scheme
  • a person with no time limit on their stay in the UK
  • After 30 June 2021 EU, EEA and Swiss nationals and their family members no longer have an unlimited right to rent unless they meet one of the conditions listed above.

2.A time-limited right to rent

  • they have been granted leave to enter or remain in the UK for a limited period – this applies regardless of the reason for granting the leave
  • they have been granted a time-limited permission to rent by the Home Office.

3.No right to rent

  • they do not have valid leave to enter or remain in the UK, and have not been granted discretionary permission to rent by the Home Office.

Why do you have to carry out these checks?

The Immigration Act 2014 imposed on all landlords in England (including lodger landlords) the obligation to find out whether the proposed occupants have a ‘right to rent’ property in the UK.
The need to carry the checks out in person was suspended at the beginning of the coronavirus pandemic, although landlords with properties in England must still perform Right to Rent checks online.

The temporary adjustments to right to rent checks due to COVID-19 will end on 5 April 2022 (inclusive). New guidance will be issued prior to 6 April 2022.

What are the landlord’s/agent’s responsibilities?

The landlord/agent must:

  • Check the adult tenant(s) who will live in the property as their only or main home
  • Ask the tenant(s) for the original documents that show they have the right to be in the UK
  • Check the original documents with the tenant(s) physically present and ensure they are valid
  • Make copies of the original documents and record when the check was completed
  • Conduct follow up checks at the appropriate time
  • If follow up checks reveal that a tenant(s) in a rental property no longer has a valid ‘Right to Rent’ then the landlord/letting agent must report that person to the Home Office.

What documents are acceptable?

Acceptable documents that a tenant(s) can use to demonstrate their identity and Right to Rent are dependent on their nationality. For example, a valid passport that shows a right to reside in the UK lawfully.

Follow-up checks on time-limited right to rent

Where accommodation is let to, or occupied by, a tenant(s) with a time-limited right to rent, a follow-up check must be carried out before the end of the ‘eligibility period’, which is the latest date of:

  • 12 months after the previous check
  • when the tenant(s) leave to enter or remain in the UK expires
  • the expiry of an immigration document
right to rent

Failure to conduct right to rent checks

Failure to conduct the checks and the subsequent provision of accommodation to a person with no right to rent may lead to a civil or criminal penalty.

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Landlords – How to check for and avoid frozen pipes

Landlords – How to check for and avoid frozen pipes

There’s a level of shared responsibility between landlords and tenants when it comes to maintaining the property during the winter and reducing the chances of pipes freezing. The landlord will be responsible for making sure that the water and heating supply are in good working order and fixing any maintenance issues.

The tenant is responsible for making sure the property is properly looked after by heating it sufficiently, clearing blockages, and checking the boiler regularly.

Winter can bring about a few problems for landlords, one of which is frozen pipes. So it is important that as a landlord you know the signs of frozen pipes, how to avoid them and should it happen, what you can do to rectify it.

What is a frozen pipe and how to detect it

Your pipes always have a little water in them and when temperatures drop, that water freezes and you find that nothing can pass through.

Below are the most common signs of frozen pipes:

  • Frost is on the exterior of the pipe– if you can see frost on a pipe, then there is a high likelihood that it is frozen.
  • Little or no water coming from the pipe – If there’s no running water, or only a then there is a high chance that the pipe leading to the tap may be frozen.
  • You notice bad/odd smells from the faucet or drain – if a pipe is frozen, you may notice a bad smell coming from the taps or drains.
  • Your boiler isn’t working – if this happens during a cold snap, the condensate pipe (which is close to the boiler and takes condensation from the boiler to a drain) may be frozen.

Below are some practical things landlords can do to help reduce the risk of frozen pipes:

• carry out regular inspections of the property so you can spot any problems missed by tenants before they become serious
• if any issues are found, make sure to address it quickly
• keep in touch with the tenants so you are aware f any issues sooner rather than later.
• Have a skinning fund for maintenance and repairs to your property so if you do need to carry out any works, you are able to afford it.

Ways you could try to prevent frozen pipes

• Insulate pipes and water tanks.
• Don’t switch your heating off completely but rather you could set your thermostat to a low temperature so the pipes don’t freeze.
• Try to turn your taps on and off every day to try to prevent the pipes from freezing.

How you can temporarily fix frozen pipes?

If you find yourself in the unfortunate position where the pipes are frozen but have actually burst, then you may still be able to save the pipes. You will probably need to call a plumber to help thaw your pipes, but if it’s not too serious here are some ideas you could use to thaw the frozen pipes yourself:

• You can use a good old fashion hairdryer to thaw pipes, but make sure you never use a naked flame or blowlamp as it could be dangerous
• you can try pouring hot water over the pipe but be very careful
• you can turn off the stopcock to stop the water supply
• you can use towels soaked in hot water, or hot water bottles, to begin thawing the pipes (start at the end of the pipe nearest the tap).

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