Regulations you must know before letting property
Before letting your property, you need to make sure that it is safe, suitable for occupation and compliant with the legal requirements that apply to your type of letting.
Getting the property ready before a tenant moves in can help prevent avoidable repair costs, reduce disputes and make the property more attractive to prospective tenants. It is often easier to complete necessary repairs while the property is empty than after the tenancy has started.
The requirements vary depending on the property’s location, the type of tenancy and whether it is, for example, a house in multiple occupation (HMO). The following checklist focuses on England; landlords in Wales, Scotland and Northern Ireland should check their respective rules.
1. Check permissions and restrictions
Before advertising the property, check your mortgage conditions, leasehold restrictions and insurance policy. Obtain any consent required to let the property.
Also check whether your proposed use or any building work requires planning permission or building regulations approval. If the property will be occupied by multiple households, check the local planning and HMO licensing rules.
2. Check whether a licence is required
In England, mandatory HMO licensing generally applies to properties occupied by five or more people forming two or more households who share facilities. Additional licensing and selective licensing schemes may also apply, depending on the local authority.
Contact the relevant council to establish which requirements apply before granting a tenancy.
3. Ensure the property is safe and in good repair
Inspect the property before letting it. Address hazards such as serious damp and mould, inadequate heating, unsafe stairs, defective electrical installations and problems with sanitation.
Landlords must comply with applicable fitness, repairing and safety obligations throughout the tenancy, not just at the start.
4. Arrange the required gas safety checks
Where gas safety regulations apply, arrange an annual gas safety check by a Gas Safe registered engineer and provide the gas safety record to the tenant within the applicable deadline.
5. Check furniture and fire safety
If the property is furnished, ensure that applicable furniture fire-safety requirements are met. Check that appropriate fire precautions are in place, particularly in HMOs and shared buildings.
6. Obtain an electrical safety report
For most private rented residential properties in England, the fixed electrical installation must be inspected and tested by a qualified person at least every five years, subject to the applicable rules. Give the tenant the required report and complete any necessary remedial work.
7. Check general safety
Make sure the property, its fixtures and any appliances supplied are safe. Check smoke alarms, carbon monoxide alarms where required, doors, windows, stairs and other features that could present a foreseeable risk.
8. Complete the required paperwork
Before the tenancy starts, check which documents and certificates you must provide. Depending on the property and tenancy, these may include an Energy Performance Certificate, gas safety record, electrical installation condition report and prescribed tenancy information.
In England, also complete the required right-to-rent checks and follow the current rules on tenancy documentation.
Keep copies of the relevant records and certificates so that you can demonstrate compliance if a question arises later.
Related Products: