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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.
Make sure they belong to an approved redress scheme or carry the safe
agent accreditation.
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
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.
By 2030, the government have set the target that all rental properties
have to be at least a C energy efficiency rating.
(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.
EPC Certificate
CP12 Certificate
Unlike with gas appliances, there are no legal requirements for electrical
safety. However every electrical appliance must be safe to use by your
tenant.
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.
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.
OTHER CONSIDERATIONS
Rent books if the rent is paid weekly the landlord must provide the
tenant with a rent book.
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.