When letting your property, UK private landlords have a number of things that they need to put in place to make sure everything is up to code.
Crucially, there are some key property maintenance and safety standards that need to be met to make sure tenants are living in a property that's safe for health and wellbeing, as well as to ensure your relationship with your tenant starts as you mean to go on.
At Chestertons, our lettings team will work with you to make sure that properties not only meet, but exceed expectations, to safeguard landlords and tenants. However, to keep you fully in the loop, here's our guide to property maintenance and safety standards.
The rules and regulations around landlord responsibilities are in place to provide a guideline that keeps tenants safe, and ensures landlords know where they stand. Most of the items are things you most likely do as a property owner anyway, and while they can be administratively cumbersome to organise at the outset, once they're in situ, they also lend themselves to making sure the property is well cared for and that your interests are safeguarded as well.
It's helpful to be aware of the key legislation that frames landlord responsibilities. For example:
The HHSRS gives guidance for private landlords under the Housing Act 2004, providing a risk assessment tool used to help evaluate potential hazards in residential properties.
The Landlord and Tenant Act 1985 is the UK law that outlines the rules around landlord and tenant relationships. Its main focus is on ensuring fair and safe living conditions, as well as defining the rights of landlords and tenants.
The Homes (Fitness for Human Habitation) Act 2018 asks that all rented properties are suitable for people to live in both at the start of a tenancy and throughout.
As you might expect, the Gas Safety (Installation and Use) Regulations 1998 sets out the rules around installation and maintenance of gas appliances and fittings in a home to make sure they're safe.
Similarly to the Gas Safety Regulations, the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 sets out rules to ensure everything has been done to make sure electrics in a property are safe, including that they are checked and signed off at least every five years by a qualified electrician.
Rules around fire safety for landlords in the UK mean that they must provide:
● A working smoke alarm on each storey and a carbon monoxide alarm in any room with a solid fuel burning appliance (for example a coal fire or wood burning stove).
● Check that tenants have access to escape routes at all times.
● Make sure the furniture and furnishings they supply are fire safe.
● Provide fire alarms and extinguishers if the property is a large house in multiple occupation (HMO).
The forthcoming Renters’ Rights Bill adds further requirements around health and safety in properties. Notably, it will aim to apply a renewed Decent Homes Standard (DHS) to private rentals, similar to the one that currently exists for social housing in the UK.
For example, it will mean (but is not be limited to) the following:
● Making sure properties are structurally sound (roof, walls, windows, chimneys).
● Ensuring there is no damp, mould, or disrepair (with the notable extension of Awaab’s Law into the private rental sector).
● Ensuring essential facilities and services are in place (heating, kitchen).
Read landlord's introductory guide to the Renters’ Rights Bill' - here
Landlords also have a legal duty of care to tenants, to make sure properties are safe to live in. This is an area that helps to explain not simply what needs to be done, but the proactive process by which properties are kept to a decent standard. While the details can be further elaborated on by your letting agent, this duty of care falls into two interconnected categories:
The first is maintaining a safe and hazard-free living environment, with a key focus on gas, electrical, and fire safety. This includes general property maintenance such as addressing issues that cause damp, mould, and ensuring the structural safety of the property.
That duty of care includes both preventative and reactive measures, from ensuring the property is safe to live in at the start of a tenancy, to maintaining regular inspections to address minor issues before they escalate. This includes responding to problems that arise in a timely manner. The relevant time frame depends on whether it's deemed an emergency or not.
There are some specific areas of property maintenance that need to be considered before renting your property, and throughout the tenancy agreement. These range from ensuring the structural integrity of the property, and making sure that there's no damp or mould. Should damp or mould occur during the tenancy agreement, it's essential that it's resolved quickly.
It should go without saying that any property in which people are, or are planning to live, needs to be structurally intact. In particular, that means ensuring the roof is watertight and structurally sound, any issues with external doors and windows are addressed before someone moves in, and any cracks or dampness are not only resolved superficially but by addressing the source of the problem as well. Should damp and mould occur, under Awaab's Law, they have very specific timescales attached to them, this includes investigating and fixing dangerous, emergency issues within 24 hours.
As things stand, to be eligible to rent, properties in England and Wales need to have an EPC rating of E or above. However, the government's plan to require all rental properties to achieve an EPC rating of C or higher by 2030 as part of their Plan for Change. This may require you to upgrade your boiler, add insulation, or address other issues in your property prior to letting.
Read about how to make sure your rental property meets energy efficiency standards - here
Ensuring that heating and plumbing are operating properly is another essential part of property maintenance, as well as making sure the property is well insulated to help keep bills down and maintain a healthy living environment. For example, properties that can't be maintained at a temperature between 18°C to 21°C at a reasonable cost to the occupier are not considered adequate. In addition, plumbing needs to not only work but be considered safe. That means having safe drinking water, and ensuring that removal of wastewater is effective - i.e., fixing any blocked or broken pipes.
While tenants are responsible for pest control resulting from any neglectful actions, landlords are responsible for the structure of the property and making sure pests are prevented from getting in. They also need to be handled appropriately if they do occur. For example, if pests get in through cracks in the property. It's important to therefore make sure repairs are done before tenants move in, regular inspections take place so that any wear and tear can be addressed to prevent future problems, and that measures are taken to prevent infestations.
There are a number of mandatory safety checks that need to be done in order to let a property out. A good letting agent will request certificates to that effect, guiding you as to which ones are required and answering any questions you may have. The required checks and documents include:
● Gas Safety Certificate
● Electrical Installation Condition Report (EICR)
● Smoke and carbon monoxide alarms
● Proof of landlord insurance (this is not a legal requirement but is highly recommended)
● Tenancy deposit protection schemes (these will be handled by your letting agent if you have one)
● Right to Rent checks in the UK to ensure a tenant has the legal right to live in the UK
● Provide fire alarms and extinguishers if the property is a large house in HMO
The new Renters’ Rights Bill, which is set to come into force, places particular emphasis on ensuring property standards are met, with an established process for enforcement, investigation, and penalties. Local councils are being given a range of new powers to check and enforce standards or to take action against anyone who doesn't comply.
This includes:
● A civil penalty of up to £7,000 for initial or minor non-compliance
● A civil penalty of up to £40,000 for serious, persistent, or repeat non-compliance
● Serious, persistent or repeat non-compliance may also lead to a criminal prosecution
● Failure to comply with ombudsman decisions may lead to landlords being expelled from the Private Rented Sector Landlord Ombudsman scheme, followed by possible fines and penalties from the local council
● Rent repayment orders (RROs) may also mean tenants can seek repayment of rent from their landlord if they don't comply with the Renters’ Rights Bill
The rules can, understandably, sound a little overwhelming, but it's important to remember that most landlords will already be complying with these rules. It's therefore just a question of making sure that everything is methodically documented so you feel secure and confident in how your letting property is managed. Good record keeping and regular inspections will help to achieve that, along with good lines of clear, transparent, and well documented communication. Timely responses to repairs and issues will help to keep costs down and maintain good relationships, as well as working with a letting agent who operates in line with best practice as standard.
Keeping documentation up to date is the best way to make sure everything is in order before a tenancy agreement starts, when it commences, and as things go along. Furthermore, the most effective way to prevent or resolve any issues is to prepare for them before they've happened. That means keeping clear and accurate records of all health and safety certificates, rent payments, arrears, breaches of tenancy and so forth. A good letting agent will make sure that they too keep a record.
Carrying out regular property inspections is a good way to make sure the property remains at a high standard, and that any repairs or problems don't go unattended or unnoticed for too long. These shouldn't be treated as checking up on your tenant, but instead as a collaborative process that is about ensuring both the tenant and the property are well cared for.
The general rule is that tenants must be given at least 24 hours' notice in writing (by email, letter, or text) unless the tenancy agreement says otherwise. Landlords should also arrange for inspections to be at a mutually agreeable time with the tenant. In case of emergencies, such as a fire, gas leak, or burst pipe, landlords can enter the property without notice, but these must be genuine emergencies.
Following the inspection, you should follow up in writing to report anything that was discussed or any actions that are required, including when and how these will be undertaken, again with a view to being convenient both for the landlord and tenant. Chestertons has a dedicated property management and lettings teams who can handle everything including carrying out regular property inspections and arranging repairs on your behalf.
The reality is that sometimes things happen with properties - boilers break and leaks occur. No one would expect otherwise, but timely responses and repairs are very much at the heart of the Renters’ Rights Bill to ensure good living standards are maintained.
The expectation is that emergency repairs that pose a health risk are addressed within 48 hours, repairs that don't present an immediate health threat but are still important need to be handled within 14 days, and less urgent repairs within 28 days.
Under Awaab's Law, hazardous issues like damp and mould have very specific timescales attached to them, this includes investigating and fixing dangerous, emergency issues within 24 hours.
Landlords need to make sure the property is safe and fit for habitation from the start of a tenancy agreement. This includes structural repairs, heating, plumbing, electrical systems, and ensuring the property meets the standards set by the Homes (Fitness for Human Habitation) Act 2018.
Landlords are responsible for:
● Structural repairs (roof, walls, windows)
● Water, gas, and electricity systems
● Sanitation (toilets, sinks, baths)
● Heating and hot water
Tenants are responsible for:
● Minor maintenance (changing light bulbs, fuses)
● Keeping the property clean and avoiding damage
The timeframes vary depending on what the problem is. Currently there are no fixed legal timeframes, but repairs must be carried out within a "reasonable time." Urgent issues (like broken heating in the winter or a gas leak) should be addressed within 24 to 48 hours.
You must make sure that you have the following in place:
● A Gas Safety Certificate should be renewed annually
● Electrical Installation Condition Report (EICR) should be done every five years
● Smoke alarms on each floor and carbon monoxide detectors where solid fuel is used - these should be tested regularly
Yes, especially in Houses in Multiple Occupation (HMOs). Landlords should carry out a fire risk assessment and ensure the property is compliant with fire safety regulations.
Yes. As of April 2020 all rental properties must have an EPC rating of E or above, unless exempt. The Renter’s Rights Bill will be expanding this so that all rental properties will need to achieve an EPC rating of C or higher by 2030 as part of their Plan for Change
Landlords must address mould and damp if it is caused by structural issues, leaks, or poor insulation. Under Awaab's Law, damp and mould have very specific timescales attached to them for resolution, including investigating and fixing dangerous, emergency issues within 24 hours.
Yes, typically scheduled inspections should occur every three to six months (with at least 24 hours’ written notice given to the tenant) in order to identify any maintenance requirements early on.
Yes, but you should provide 24 hours’ written notice and wait to be let in unless specified otherwise. The only time you should enter without notice is in a legitimate emergency such as a fire, gas leak, or burst pipe.
It’s important to keep records of all certificates and safety checks as well as all communications with your tenants, letting agents, and any other associated parties such as maintenance suppliers and official bodies.
In all instances it’s recommended that you try to resolve communications issues amicably and reasonably. If they consistently refuse access, you may need to seek a court injunction.
Yes. You can be held legally responsible if you fail to maintain the property to legal standards.
Chestertons is the premier London lettings and estate agency with more than 200 years’ experience and a team of experts offering a range of services from a full-time compliance department to valuations and management, for both long- and short-term lets. If you would like to find out more about working with Chestertons contact your local Chestertons letting agent at any time.
Contact your local Chestertons letting agent - here
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