Landlords Guide

A Guide for Landlords and Terms & Conditions of Business

There are a number of considerations when letting a property in the UK of which landlords need to be aware, whether you are a professional landlord with an extensive portfolio or a private individual wishing to let your home for a short period.

This guide is designed to provide you with some useful information. It is not intended to be a substitute for other professional or legal advice you may wish to seek.

Should you wish to discuss any of the above, or have any further queries, please do not hesitate to contact this office.

Your Legal Responsibilities

Consents / Your Right To Let

Before entering into any agreement to let your property you must check whether there are any restrictions to your doing so and whether consent needs to be obtained from:

Superior Landlord/Freeholder

If you hold the property on a lease you must ensure that your lease permits you to let the premises and that you are granted consent to do so. You must also ensure that the letting is for a period expiring prior to the termination of your own Lease.

Mortgage Provider

If the property is subject to a bank loan or mortgage, in most cases permission will be required from the lender before the property can be let. If mortgage consent is not obtained, then the tenancy may be deemed unlawful which gives the lender an automatic right to take possession of the property.

Insurers

Most insurance policies require you to notify them if the property is to be let. Failure to do so may void the policy. Some insurers will require an increased premium for let properties and may increase or withdraw cover if properties are vacant and unsupervised for over a certain period (often 21 or 30 days but this varies).

Safety Regulations

In addition to a landlord’s duty under common law to ensure the safety of rented property so that no injury or damage is caused to the occupants, neighbours or the public, there are a number of statutory obligations which are placed on landlords that must be adhered to.

The responsibility for compliance with the following regulations is the personal obligation of the landlord. Failure to comply with safety legislation is a criminal offence and can lead to prosecution, fines or imprisonment or both.

The Gas Safety (Installation and Use) Regulations 1998

Landlords are responsible for ensuring that appliances and pipework in tenanted premises are maintained in good order and in a safe condition so as to prevent risk or injury to any person.

The Regulations require that the appliances and pipework are checked for safety by a CORGI qualified gas engineer prior to the commencement of a tenancy and every 12 months thereafter.