Being a landlord is an incredibly rewarding experience, as well as a great way to earn an income. But to be a landlord also takes some work, particularly when it comes to making sure your property is always habitable and in good condition. This is not just one of those ‘it’s a good idea to do’ posts – there are certain legal responsibilities that come as part of being a landlord that you need to know about. So today, we wanted to give you some guidance on the importance of inspecting and maintaining your rental properties as well as the rules around these activities.
Fitness For Rental
First for the legal side, you need to know your property is fit to rent in its current condition. Since the amendment to the Landlord and Tenant Act – The Homes (Fitness for Human Habitation) Act 2018 – a property has to be fit for human habitation before you can rent it out. At its core, the act says that if a property suffers any of the following, then it isn’t fit for human habitation and cannot be let out:
- The building has been neglected and is in bad condition
- The building is unstable
- There’s a serious problem with damp
- It has an unsafe layout
- There’s not enough natural light
- There’s not enough ventilation
- There’s a problem with cold and hot water supply
- There are problems with drainage or toilets
- It’s difficult to prepare and cook food, or wash up
Or any of the 29 hazards set out in the Housing Health and Safety (England) Regulations 2005 apply.
We like to think that most of these are just good practice and most landlords wouldn’t consider letting a property with serious problems such as listed above. Moreover, the tenant should bring any serious defects to your attention, but it is important that you, as a landlord, ensure that you are complying with the act by inspecting and maintaining the property regularly.
Periodic Inspections
As a landlord you should therefore be carrying out periodic inspections of the property or arranging for someone else to do so. This is to check that the property is being kept in a reasonable state, and that the tenants are complying with the tenancy agreement.
During periodic inspections, you should be looking for:
- Any maintenance issues like leaks, cracked windows or damp patches.
- Anything that would mean your property would be deemed uninhabitable by the regulations above.
- Living conditions for the tenants – are they living in a dangerous of unclean manner?
- Fixtures and fittings – are the tenants looking after your property?
- The loft (if you have one) – is the insulation OK, and are there any issues with the roof tiles?
- Boilers / hot water systems – does the boiler or hot water system need a service?
- Are the smoke alarms working?
- Do your tenants have adequate space?
- Check the sealant around baths and showers as this can deteriorate and it’s not always obvious until damage has occurred, or water starts coming through the ceiling.
Maintenance Responsibility
As a landlord you are responsible for making sure your property is properly maintained at all times. Of course, this does require your tenants to let you know when something is wrong, but it also means you need to be on the lookout for potential problems during periodic inspections. According to the law, you are responsible for repairs to:
- Electrical wiring
- Gas pipes and boilers
- Heating and hot water
- Chimneys and ventilation
- Sinks, baths, toilets, pipes and drains
- Common areas including entrance halls and stairways
- The structure and exterior of the building, including walls, stairs and bannisters, roof, external doors and windows
As part of the process you should also redecorate if needed once a problem is fixed.
Gaining Access
You have a legal right to enter your property for the purposes of viewing its condition and state of repair under section 11 of the Landlord and Tenant Act 1985. This only makes sense, since it’s your property! However, your tenants do have the right to quiet enjoyment of the property as part of the agreement to rent it, so you need to make sure you aren’t visiting too often. You also need to give at least 24 hours’ notice, and request access at a reasonable time of day. The only exception to this is in emergencies, where maintenance work needs to be done urgently (and represents a danger if it isn’t).
At Northwood, we are here to offer support, advice and guidance on all areas of becoming a landlord – whether you’re a first timer or a seasoned pro. We are on hand to remove the headache of having to deal with all of this yourself, and instead manage the whole letting process for you. As part of the service we will carry out periodic inspections and organise, with your permission, any repairs or maintenance that’s required. If you would like to know more, just get in touch with us today.
