Landlord responsibilities

Introduction

If you're letting (or thinking of letting), you must be aware of your rights, responsibilities and legal obligations to tenants.

The law protects tenants; in particular, there are laws and procedures that govern:

• Rental deposits – see Registering the deposit
• Health and safety, including gas, electrical and fire safety – see Overview of landlord obligations
• Your obligation to keep the property in repair – see Overview of landlord obligations and Housing standards
• Your obligation to properly process and protect the tenant's personal information under data protection laws – see Tenants' personal information
• Steps to follow if the tenant falls into rent arrears – see Rent arrears
• Fees that can be charged to tenants - see Fees ban

For tenancies in England see the government guide: Landlord and tenant rights and responsibilities in the private rented sector

Do you have the right to let the property?

Before you can start letting, you must first check that you have the right to let the property. You may need to get consent to let from third parties.

Mortgage lenders

If you have a mortgage, you must get your mortgage lender's agreement to let the property before you do so.

Freeholder

Some properties have a lease as the document of title (for example, flats/apartments, maisonettes, and many residential properties built pre-2000 in Northern Ireland). For leasehold properties, you should check the terms of the lease to see whether it gives permission to letting. If necessary, you'll need to get permission from the freeholder (or management company) before you may do so.

In Northern Ireland, if you are the first purchaser of a new house then there may be conditions in your contract for sale that prohibit you from renting the property, either for a designated period of time or permanently.

Buildings insurer

You should check with your insurer whether your buildings insurance policy will provide cover if the property is let; if it doesn't, you may need to extend the cover.

Right to keep a pet at the property (England)

Landlords have a responsibility to not unreasonably refuse a tenant's request to keep a pet (both before and after moving in).

The pet doesn't need to be owned by the tenant.

The tenant must apply in writing and give a description of the pet.

You generally have 28 days to respond to a tenant's request, starting from the day it's received. However, this can be extended, in the following situations:

• By mutual agreement between the parties: there's no obligation to put the agreement and new decision date in writing, but it's recommended to do so.
• If you need more information: during the 28-day period, you can ask the tenant to provide more information about their application (if the information you're asking for is reasonable). You can then delay giving the tenant your decision for 7 days from the date the response is given. You don't have to give your decision if the tenant fails to respond.
• If you need the consent of a superior landlord: during the 28-day period, you can seek this and can delay giving the tenant your decision for 7 days from the date you receive the superior landlord's response. Your refusal of consent will be reasonable if it breaches the terms of an agreement (such as a lease) between you and a superior landlord, or if the superior landlord refuses to give consent after you've taken reasonable attempts to try and get it.

If a tenant believes their application was unjustly refused, they can make a complaint to the Private Rented Sector Ombudsman or start a court claim.

Note: You cannot require a tenant to get insurance or to pay a larger deposit to cover any damage caused by the pet.

Right to request improvements to the property

A tenant can request that you make improvements to the property to improve the property's energy efficiency or if they have a disability.

• Energy efficiency: Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, tenants have a right to ask for their landlord's consent to make energy efficiency improvements to the property. For more information about this, see the government guidance.
• Disability: Tenants who are disabled under the section 6(2) of the Equality Act 2010 have a right to request an improvement to the property if it's likely help them to enjoy using it. Subject to receiving satisfactory evidence that they qualify, landlords must not unreasonably withhold their consent if a request is received.