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Welcome to the latest edition of our Private Landlords Quarterly Newsletter.
Our focus for this edition is specifically on property condition, minimum standards and the legal responsibilities of landlords.
In this edition, we will cover:
- Landlord responsibilities during tenancy
- Landlord responsibilities before a tenancy begins
- Dealing with an empty property due to the passing of a loved one
- Details of a new landlord forum coming to Doncaster
As always, we appreciate your feedback and welcome your suggestions for new ideas or topics to be included in future editions. To provide feedback and share your thoughts, please contact us by email: LandlordHelpAndAdvice@doncaster.gov.uk.
Please also feel free to pass on our email address - or this newsletter - to other landlords you know who may benefit from seeing this quarterly newsletter.
What are your responsibilities as a landlord?
Ensuring that your property is maintained to a good standard for your tenant is not just important for their comfort and safety but also is a legal requirement. As a landlord, it is your responsibility to ensure that every property you rent out is in a state of good repair, free of category 1 hazards (such as damp and mould), and is safe and fit for human habitation.
Your rental property must meet minimum standards throughout the duration of tenancy, and local authorities have statutory duties for enforcing these standards in line with legislation.
The different types of legislation include:
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The Landlords & Tenants Act 1985 (Section 11): This requires landlords to carry out essential repairs, including maintaining the structure, exterior of the building & the installations.
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The Housing Act 2004 (Part 1): This introduced the Housing Health and Safety Rating System (HHSRS), which can be applied to any tenure and assesses 29 categories of hazards. Category 1 hazards are deemed serious and immediate risk to a person’s health and safety, with damp & mould, excessive cold & fall hazards commonly reported in the private rented sector.
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Homes (Fitness for Human Habitation) Act 2018: This requires privately rented dwellings to be safe, free of hazards and suitable for habitation. The Act empowers tenants to hold their landlords accountable directly, without having to rely on local authorities. Tenants can bring a County Court claim against landlords.
 What obligations do landlords have before renting out properties?
In addition to maintaining the property in a safe and habitable condition, there are a number of legal obligations and responsibilities that landlords must fulfil before renting out their properties. In summary, the key ones are as below:
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Right to Rent Checks
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Private Landlords & Letting Agents in England must conduct right to rent check on all prospective tenants over 18, even if they are not named on the tenancy, to determine their legal status and right to live in the UK.
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How To Rent Guide
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It is mandatory for landlords and letting agents in England to provide their tenants with an up-to date version of the government's ‘How to Rent Guide’ at the beginning of a tenancy.
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Gas Safety
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Landlords are responsible for ensuring that an annual gas safety check is carried out within 12 months of the installation of a new gas appliance and annually thereafter by a Gas Safe Registered engineer. By law, a copy of a Safety Check Certificate must be provided to your current tenants within 28 days of the gas safety check, and for new tenants at the start of their tenancy.
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Electrical Safety - Electrical Installation Condition Report (EICR)
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Since April 2021, it is a legal requirement for landlords to have a valid EICR in place for each rental property they rent out. The electrical safety report must be renewed every five years. Landlords are also required to provide a copy of the report to their tenants.
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Fire Safety
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At least one smoke alarm to be installed on every level of the property used as living accommodation. Also, carbon monoxide detector to be installed in every room with a fixed combustion appliance & solid fuel burning appliance (for example, coal fire, wood burning stove, a boiler, other than a gas cooker).
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Energy Performance Certificate (EPC)
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Landlords are obliged to provide new and prospective tenants with a valid Energy Performance Certificate (EPC). All privately rented homes must have an EPC rating between A and E.
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Deposit Protection
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Landlords must protect deposits collected from tenants within 30 days of receiving it in one of the three government backed schemes (Deposit Protection Service, MyDeposits & Tenancy Deposit Scheme). A copy of deposit protection certificate must be provided to the tenants as a proof.
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If you require help or further advice on any of the above, we are always happy to help and advise. Please contact our Private Landlord Liaison Service by email: LandlordHelpAndAdvice@doncaster.gov.uk.
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Empty Properties - deceased estate
Losing a loved one is always a difficult time, even more so when trying to sort out their estate and in particular, their home. Having to deal with an empty property can be difficult - but it is something we can help with.
If you do have an empty property due to these circumstances, please feel free to contact us when the time is right.
When you contact us, we will discuss your needs and/or concerns relating to the property, and come up with a plan as to how we may be able to support you as you take the next steps.
Contact us by calling 01302 735621/01302 736726 or by emailing Landlordhelpandadvice@doncaster.gov.uk
NRLA Landlord Forum
The National Residential Landlords Association (NRLA) event ‘NRLA on Tour’ is coming to Doncaster, offering a great opportunity for you to meet the team, listen to guest speakers and network with your property owner peers!!
The date and details are still to be confirmed, however they are aiming for late spring, so please keep an eye on our website and social media for updates.
Useful Contacts:
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