1 Date of release 02/6/16

Disclaimer -
The Legal Checklist for Landlords
As a landlord it is your sole responsibility to ensure that you meet all legal requirements.
You cant blame lack of awareness or your letting agent. It is down to you - if you dont
meet these requirements you could face prosecution.

Its a scary thought; so knowledge is the key. Even if you have a letting agent managing your
property, make sure that you are familiar with your legal responsibilities and youll be
covered.

Please note that HMOs have their own set of legal requirements.

YES/NO
ARE YOU GOING TO USE AN AGENT TO FIND A TENANT?
If so, you have the options of an online letting agent or a high street
agent.

Always choose a professional letting agent. Get recommendations if

possible.

Make sure they belong to an approved redress scheme or carry the safe
agent accreditation.

HAVE YOU GOT PERMISSION TO LET FROM YOUR LENDER?

If you have a mortgage on the property, ensure that you have permission
to let from your lender. If you are arranging a new mortgage make sure it
is a buy-to-let mortgage.

HOW WILL THE TENANCY BE SET UP IF THERE IS MORE THAN

ONE TENANT?

Joint tenants: If all of the tenants are joint tenants on a single AST they
will all be jointly and severally liable for the obligations. If one tenant
breaches the AST, the remaining tenants will still be liable for the full rent.

Single occupation: Each tenant has an individual AST for their own room
and a right to the shared parts. This arrangement means that tenants will
only be liable for the rent of their own room. If this option is chosen

2 Date of release 02/6/16

Disclaimer -
tenants should not be allowed to move rooms as this will require a new
tenancy and the landlord may have to consider waiting six months before
getting a possession order.

Any sub-letting of the property should be prohibited without the

landlords prior consent.

HAVE YOU DEPOSITED THE TENANTS MONEY?

If you have used an agent ensure they use a deposit protection scheme to
deposit your tenants money.

If youre not using an agent then you need to send the tenants deposit to
a deposit protection scheme. There are three government approved
schemes. The Deposit Protection Service (DPS), The Dispute Service and
The Tenancy Deposit Scheme (TDS). The DPS is the only free service.

Once the deposit has been protected, the landlord must then give the
tenant (or other interested parties) certain prescribed information within
30 days of receipt of the deposit.

DO YOU HAVE ADEQUATE INSURANCE FOR THE PROPERTY?

Ensure the property is adequately insured for both buildings and any
internal fittings/furniture provided.

DO YOU HAVE A CURRENT GAS SAFETY CERTIFICATE?

A 12 monthly gas safety check must be carried out on every gas
appliance/flue within your property. A gas safety check ensures gas
fittings and appliances are safe to use. This is known as a CP12 certificate.

The landlord must keep a copy of CP12 for 2 years.

DO YOU HAVE AN EPC FOR THE PROPERTY?

Prior to letting, you will be required to obtain an Energy Performance
Certificate (EPC) for your property. Its purpose is to record how energy
efficient your property is as a building. This allows prospective tenants to
review one property against another in terms of energy efficiency and fuel
costs. The EPC must be made available to the prospective tenant at the
earliest opportunity.

An EPC is valid for 10 years.

New government guidelines are coming into place for EPCs.

By April 2018, it will be illegal to rent out a property with an F or a G

Energy Performance Certificate rating.

3 Date of release 02/6/16

Disclaimer -
Two years after that in 2020, the minimum requirement of an E or above
rated property will apply to both new and existing lets and by 2025 all
rental properties will have to have a rating of D or above.

By 2030, the government have set the target that all rental properties
have to be at least a C energy efficiency rating.

HAVE YOU INSTALLED SMOKE ALARMS IN THE PROPERTY?

As of 1st October 2015, it is law for all private let properties within England
to have at least one smoke alarm installed on every storey of a property
that is used as living accommodation.

Duties of relevant landlord in relation to prescribed alarms

A relevant landlord in respect of a specified tenancy must ensure that

during any period beginning on or after 1st October 2015 when the
premises are occupied under the tenancy, all smoke alarms are in proper
working order.

You can download the full legislation here.

HAVE YOU INSTALLED A CARBON MONOXIDE ALARM?

A carbon monoxide alarm is required in any room containing a solid fuel
burning appliance (e.g. coal fire, wood burning stove).

(a) a carbon monoxide alarm is equipped in any room of the premises

which is used wholly or partly as living accommodation and contains a
solid fuel burning combustion appliance; and

(b) checks are made by or on behalf of the landlord to ensure that each
prescribed alarm (smoke and carbon monoxide) is in proper working
order on the day the tenancy begins if it is a new tenancy.

HAVE YOU HAD A LEGIONNAIRES DISEASE RISK ASSESSMENT?

Landlords are under a duty of care to ensure that the risk of exposure of
tenants to Legionella is properly assessed and controlled. This is not
required by law, but is a recommendation of the Health and Safety
Executive (HSE).

The HSE emphasise that Legionella testing/sampling is generally not

required in domestic hot water systems and then only in exceptional
circumstances.

4 Date of release 02/6/16

Disclaimer -
 HAVE YOU GIVEN YOUR TENANT THE NECESSARY
DOCUMENTATION?
st
As of 1 October 2015 landlords of properties in England must provide
tenants with a Department of Communities and Local Government (DCLG)
Booklet on How to rent which can be accessed HERE.

As mentioned above a tenant should also be provided with a valid:

EPC Certificate
CP12 Certificate

HAVE YOU CARRIED OUT PAT TESTING?

Unlike with gas appliances, there are no legal requirements for electrical
safety. However every electrical appliance must be safe to use by your
tenant.

ARE YOU AWARE OF THE DEREGULATION ACT OCTOBER 2015?

The Deregulation Act 2015 applies to all properties within England and
states that:

A Section 21 cannot be validly served in the first four months of a tenancy.

For a Section 21 to be validly served, a landlord must have given tenants

the following documents:

A valid EPC
A CP12
A copy of the government's "How to rent guide"

Expiry: If proceedings are not issued within six months of the service of a
Section 21 Notice, then the notice will be invalid.

However, if more than two months notice is required to be given by the

tenancy, proceedings must be started within four months from that date.

Download the new Section 21 notice.

The Section 21 notice will also be invalid if:

the landlord is carrying out a retaliatory eviction.

the landlord has failed to properly protect any deposit provided
by the tenant.

Repairs: Failure to follow the prescribed and time-limited repairs

5 Date of release 02/6/16

Disclaimer -
 process set out can both invalidate a Section 21 Notice and prevent
one from being served for a further six months.

HAVE YOU DONE AN IMMIGRATION CHECK? (RIGHT TO RENT)

The government has announced that from 1 February 2016, all private
landlords in England will have to check new tenants have the right to be in
the UK before renting out their property.

Under the new rules, landlords who fail to check a potential tenants
Right to Rent will face penalties of up to 3,000 per tenant.
The new law will mean that private landlords, including those who sub-let
or take in lodgers, must check the right of prospective tenants to be in the
country to avoid being hit with a penalty.

Home office guidance

An online right to rent tool to help Landlords.

A landlord helpline: telephone number 0300 069 9799.

Home Office: A short guide for landlords on right to rent

Check your tenants have a right to rent guide

OTHER CONSIDERATIONS

Rent books if the rent is paid weekly the landlord must provide the
tenant with a rent book.

Inventory checks this will prevent the risk of disputes between

landlords and tenants. It should be given at the beginning of a tenancy.

The checklist was created by Just Do Property and checked and verified by Law on the
Web.

Any error or omission on this checklist shall be subject to correction or deletion (as
appropriate) without any liability on our part.

6 Date of release 02/6/16

Disclaimer -
We are not legal experts and are just sharing information of the legal checks that a
landlord needs to make.

7 Date of release 02/6/16

Disclaimer -