What compliance requirements should landlords consider?
If you are renting out a property in England, there are several legal and practical requirements to consider before a tenant moves in.
These may include safety checks, prescribed documents, deposit protection, Right to Rent checks, alarms, licensing and tenancy paperwork.
Not every requirement applies to every property. The property type, tenancy and local council area can all affect what you need to do, so check the requirements that apply to your particular letting.
Start with the property's safety requirements
Several of the most important compliance steps concern the physical safety and condition of the property before occupation begins.
Gas safety requirements
Where the property has gas appliances supplied by the landlord, gas equipment should be safely installed and maintained by a Gas Safe registered engineer.
Your existing guide also requires an annual gas safety check on relevant appliances and flues, with the tenant receiving the gas safety record at the required time.
Electrical safety requirements
The electrical installation should be safe and the landlord should retain evidence that the required electrical safety standards have been met.
This includes arranging the appropriate electrical inspection and obtaining the relevant Electrical Installation Condition Report where required.
Any necessary remedial work should also be dealt with within the applicable requirements.
Energy Performance Certificate
An Energy Performance Certificate provides information about the property's energy efficiency.
Make sure the property has a valid EPC where required before marketing or renting it out.
Smoke and carbon monoxide alarms
Check the applicable smoke alarm and carbon monoxide alarm requirements for the property.
Required alarms should be installed and working at the appropriate point when the tenancy begins.
Right to Rent checks
In England, landlords need to deal with Right to Rent requirements for relevant adult occupiers before they are permitted to occupy the property.
Right to Rent is separate from ordinary tenant referencing.
Referencing assesses information such as affordability and rental history. Right to Rent concerns the separate legal requirement to check an occupier's eligibility to rent in England.
Get the tenancy paperwork and money handling right
Compliance is not limited to the physical property. The tenancy documents, deposits and move-in money also need to be handled correctly.
Prepare the tenancy agreement
A clear tenancy agreement records the important terms agreed between the landlord and tenant.
Tenancy deposit protection
If you take a tenancy deposit, it needs to be handled in accordance with the applicable deposit protection requirements.
Your existing guide specifies protecting the deposit through an authorised tenancy deposit protection scheme within the required deadline and providing the tenant with the required prescribed information.
Check whether the property needs a licence
Licensing requirements can depend on the property itself and the local council area.
Property licensing
Some rented properties require a licence.
This is particularly relevant to HMOs, but councils may also operate additional or selective licensing schemes covering other privately rented properties.
Check the relevant council's requirements before letting the property.
HMO rules and additional requirements
Houses in multiple occupation can be subject to additional licensing, safety, management and property condition requirements.
The licensing position can depend on factors such as the number of occupiers, households and the rules operating in the local authority area.
If you are letting an HMO, do not assume the same requirements apply as for a standard single-household tenancy. Check the HMO and licensing rules that apply to the property.
Prepare the property and tenancy for move-in
A few further practical steps can make the start of the tenancy clearer and help maintain good records.
Inventory and check-in report
An inventory records the condition and contents of the property at the start of the tenancy.
Although it is different from a statutory safety certificate or prescribed notice, it can provide important evidence if questions later arise about cleaning, damage or missing items.
Rent, deposit and move-in payments
Before occupation begins, make sure the relevant payments have been correctly received and recorded.
Repairs and property condition
Make sure the property is safe and that outstanding repairs or maintenance have been dealt with before the tenant moves in.
Check local council requirements
Some requirements vary according to the local authority in which the property is situated.
This can be particularly relevant to selective licensing, additional HMO licensing, planning restrictions and local enforcement requirements.
Check the website of the council responsible for your property before letting it to see whether local licences or additional rules apply.
Compliance checklist before renting out a property
Not every item below will apply in every case, but this gives you a useful final checklist before the tenant moves in.
Compliance is more than paperwork
Compliance requirements are there to help ensure the property and tenancy are set up correctly.
Keeping clear records of the checks, certificates, notices and documents completed before move-in can also be valuable if questions or disputes arise later.
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