The vast majority of landlords in England provide decent, well-maintained homes for their tenants, and are good landlords committed to acting in their tenants’ best interests. One of our main aims in producing this guidance is to foster and encourage these good practices, and to empower landlords to maintain the high standards that most already uphold. However, a small minority of landlords rent out unsafe and substandard accommodation to their tenants. An even smaller proportion do so knowingly and with criminal intent.
Enforcement should only be targeted only at those landlords who are non-compliant or acting illegally. In order to ensure that this is the case, and that good landlords do not get into trouble unwittingly, it is vital that all landlords have a clear understanding of what is involved in providing accommodation that is deemed safe and fit for human habitation. This guidance provides the information you will need to maintain good standards, and also ensures that you will know what the consequences are of not meeting the legal requirements.
Information on the following areas is included in this section for landlords:
You should also refer to the How to let guide and the How to rent checklist.
As a landlord, you may need to obtain a licence to let your property under one of 3 types of licensing:
If your property falls under any of these 3 types of licensing arrangement, you are legally required obtain the relevant licence. Failure to license a property is a criminal offence. Further information on each type of licensing is provided below.
For comprehensive information on licensing, please read the following guidance: Houses in multiple occupation and residential property licensing reform: guidance for local housing authorities.
The definitions of the 3 types of licensing are set out below.
For mandatory licensing to apply, the HMO (or housing in multiple occupation) must be occupied by 5 or more people, from 2 or more separate households. In addition, there are 3 tests that are applied to determine whether a property falls under mandatory HMO licensing:
For more information on these tests, please see: Houses in multiple occupation and residential property licensing reform: guidance for local housing authorities.
What should a landlord do:
In cases where it will be of benefit to the local area, local authorities have the power to license HMOs that are not covered by the national mandatory scheme. This is called Additional Licensing.
What should a landlord do:
Local authorities also have the power to introduce Selective Licensing schemes that apply to all privately rented houses located within a particular area.
What should a landlord do:
Further information and guidance on HMO licensing options, and on whether you are required to obtain one, can be found in the Houses in multiple occupation and residential property licensing reform: guidance for local housing authorities.
Before you can rent out your home, it’s your responsibility to ensure that the property is safe and fit for human habitation. If a property is unsafe or unfit you could be committing a civil or criminal offence, and may be subject to enforcement action by your local authority.
To help you understand the requirements under the Housing Act 2004, it’s important that you read the Housing health and safety rating system (HHSRS): guidance for landlords and property-related professionals, which is aimed at non-specialists and especially private landlords. This will help you identify the types of work that may need to be carried out to ensure your property is safe and fit for habitation.
To ensure that your property is safe and fit, your responsibilities as a landlord include taking the following steps:
Before the tenancy agreement is signed, as the landlord you are legally required to:
Check whether a tenant is aged 18 or over and can legally rent in England. You should be aware that some documents may need to be cross-checked with the Home Office. Please see further information on the right to rent check.
Protect you tenant’s deposit with a government approved deposit protection scheme and provide the tenant with prescribed information about how the deposit is protected.
If you have not protected the deposit and provided the prescribed information, your tenant can take you to court and you will be liable to pay them between 1 and 3 times the amount of the deposit. You will not be able to evict a tenant using a Section 21 eviction notice unless you refund their deposit first.
Provide a copy of the How to rent guide, Energy Performance Certificate and gas safety certificate where gas is supplied. You cannot evict a tenant with a Section 21 notice if you have not provided them with these documents.
Conduct the right to rent immigration check. This check should include the tenant and any adult who will be living with them.
You are legally responsible to repair any damage to:
As noted above, you are also legally required to:
More information is available in the How to rent guide, and specific guidance on the Smoke and Carbon Monoxide Alarm Regulations 2015.
Get a licence for the property, if it is a licensable property. See licensing section.
More information about your responsibilities as a landlord is provided in the government’s guidance on private renting.
Since 1 October 2014 it has been a legal requirement for lettings agents and property managers in England to join a government approved redress scheme. The Lettings agents and property managers: redress schemes guidance provides detailed information about the requirement and who it applies to. The letting agent should obtain membership of a government approved client money protection scheme if they hold client money.
As a landlord, you are responsible for the following duties once the tenancy has started:
Keep in good repair and proper working order the supply of water, gas, electricity and heating.
Keep the property safe and free from serious health and safety hazards. Further information on health hazards is provided in the How to rent a safe home guide.
Maintain the structure and exterior of the property.
Carry out most repairs. If something is not working, ask your tenant to report it to you (or your agent) as soon as they can.
Maintain any appliances and furniture you have supplied.
Fit smoke alarms on every floor, and carbon monoxide alarms in rooms with appliances using solid fuels such as coal and wood. Make sure these alarms are in working order at the start of a tenancy.
If there are any gas appliances in the property, you must arrange an annual gas safety check by a Gas Safe engineer.
You should also expect your tenants to fulfil their own responsibilities – which include the following:
Rent is usually required in advance. If tenants fall behind with their rent, you may be able to take legal steps to evict them.
Your tenancy agreement with the tenant should make it clear who is responsible for paying bills such as council tax, gas, electricity and water. The tenant has the right to choose their energy supplier.
The tenant is required to look after the property to a certain standard, and:
You can act against your tenants for anti-social behaviour if they are not considerate to their neighbours.
Unless it is an expressly allowed for in the tenancy agreement, the tenants will not be permitted to sublet or take in a lodger without your consent. So your tenants must always check with you first if they wish to do either of these things.
The tenants must test the smoke alarms and carbon monoxide detectors regularly – at least once a month. It is the tenant’s responsibility to ensure that the fire alarm remains in working condition.
Tenants have a responsibility to report any repair issues that arise so you can take action to fix them. In many cases, you will not be responsible for any repair work until you know about it.
If you or the tenant wants to terminate the tenancy, there are things that both of you must do.
You must give proper notice if you want the tenant to leave. Normally, the landlord must give at least 2 months’ notice, and – unless there is a break clause – the tenant cannot be required to leave before any fixed period of the tenancy has come to end.
A section 21 notice cannot be served during the first 4 months of a tenancy, and cannot be actioned during the first 6 months of a tenancy.
If the tenant has met the terms of their tenancy agreement, then they should get all of their deposit back at the end of their tenancy. You can withhold part of their deposit to compensate for any damage caused to your property or furnishing or cleaning required, or for unpaid rent, but not for reasonable wear and tear.
Your tenant cannot withhold rent because they think that it will be taken out of the deposit.
Check with your tenant if they are up to date with their bills/utility payments.
Most tenancies in the private rented sector go smoothly, with landlords and tenants remaining on good terms and enjoying mutual benefits from the tenancy agreement. However, in some cases issues arise. This section looks at some of these issues to help you avoid them or – if they do occur – to ensure they are addressed quickly and effectively.
It is important that your property is well maintained and free from serious hazards. Your local authority has a duty to take action if your property has deficiencies that could pose a serious threat to the tenants. Also, if your tenant has a complaint about the condition of the property, it is your responsibility to repair it. If you don’t, your tenant can ask the local authority to carry out an inspection, after which the authority may take action.
Among others, the actions it can take include:
For further information on maintaining a property free of hazards, please see the Housing health and safety rating system (HHSRS): guidance for landlords and property-related professionals.
While tenants have specific rights, they also have responsibilities.
All landlords should be aware of tenants’ right to be allowed to live in their rental property without unlawful interference. If you are experiencing issues with your tenant, you must take care to ensure you do not do anything which constitutes harassment. Harassment can include:
Tenants are protected by the Protection from Eviction Act 1977. This Act provides tenants with additional rights and categorises the following actions as criminal offences:
Again, it’s clear that most landlords would never even contemplate committing any of the above offences. The vast majority of landlords continue to maintain high standards of conduct and behaviour. However, in the case of the small minority of landlords who might commit one of these offences, tenants can seek assistance from the local authority to act against their landlord.
For more advice and guidance on this issue, please read this booklet: Protection against harassment and illegal eviction.
For many landlords and tenants, a longer-term tenancy suits both parties well, since it provides greater security for the tenant and a regular income stream for the landlord. However, occasions do arise where a landlord wishes to take possession of their property, for example if they decide they want to sell it or move into it themselves. But whatever the reason, landlords must follow strict procedures if they want their tenant to leave their property.
The landlord must give the tenant a section 21 notice if they want the property back after a fixed term ends. A landlord can serve a section 8 notice if the tenant has broken the terms of the tenancy agreement within the fixed term.
The landlord must apply to the court for a possession order if the tenant does not leave by the date specified on the notice. The landlord can apply for an ‘accelerated possession order’ if they are not claiming any unpaid rent.
If the tenant still does not leave, the landlord must apply for a warrant for possession. This means bailiffs can legally remove the tenant from the property.
Landlords who are evicting tenants who they think may potentially become homeless should advise them to contact the Housing Department of their local authority.
For more information on how to evict your tenant appropriately and legally, please see the following guidance: Evicting tenants (England and Wales).
The Tenant Fees Act, coming into force on 1 June 2019, means that all fees charged by letting agents and landlords to tenants are banned, except for holding deposits, rent, deposits and charges for defaulting on the contract. Also, all of these allowable fees are subject to additional restrictions under the Act.
In cases where a banned fee or payment is taken, tenants will be able to get any money wrongly paid refunded to them via the county court. Local Trading Standards can assist tenants with the recovery of fees.
For more information on your responsibilities in relation to tenant fees, please see the Tenant Fees Act 2019: guidance.
Local authorities have a number of powers that are reserved for use against the most serious and repeat offenders. While most landlords will never come into contact with these powers, they are in place to ensure that all landlords operating in the private rented sector are operating on a level playing-field.
In our guidance, we’ve highlighted the potential consequences that landlords might face if they commit specific offences:
If landlords or property agents have been convicted of a sufficiently serious offence, local authorities have powers to apply for banning orders which will ban them from letting housing in England and engaging in letting agency work and/or property management work. Offences that fall into this category include failing to comply with a formal notice issued by the local authority requiring safety improvements or ending illegal evictions.
If landlords or property agents receive a banning order, they will be added to the database of rogue landlords. They may also be added to the database if they are convicted of a banning order offence or receive 2 or more civil penalties within a 12-month period. Before your local authority can publish the details of a rogue landlord or agent on the database, they must notify the landlord or agent and allow 28 days for an appeal to be lodged.
See further information on the rogue landlord database.
In cases where disputes with tenants arise, landlords have several sources they can go to for the advice they need and there are also services available for resolving disputes:
If you have pursued your agent because you want them to transfer money they hold on your behalf but you believe they are not able to repay, because for example they have become insolvent, then you should contact the agent’s client money protection scheme: