Understanding landlord and tenant responsibilities
This guide discusses everything you need to know about landlord and tenant relationships. These include financial responsibilities and the legal rights of both parties.
Key takeaways
UK landlords have to adhere to various legal and health and safety rules when letting property to tenants
Landlords need to pay tax on their rental income in accordance with the current BTL tax regime
Landlords need to stay up-to-date on Right to Rent, deposit protection and energy performance certificate legislation to legally let properties
Landlords running houses in multiple occupation (HMO) have more rules to stick to
Landlord obligations
UK landlords are bound by statutory requirements, including those set out in the Housing Act. These govern rental agreements, tenant rights, and landlord responsibilities.
To meet these obligations:
Properties must be maintained regularly to ensure they meet safety standards
Landlords must balance the need to respect tenant privacy with their right to access the property for necessary inspections or repairs
Landlords check that tenants have the legal right to rent in the UK before the tenancy begins.
Tenancy agreements
An Assured Shorthold Tenancy (AST) is the most common type of tenancy agreement in the UK for renting residential properties.
It is a legal contract between a landlord and a tenant that outlines the terms and conditions of the tenancy, such as the length of the tenancy, rent payments, and the responsibilities of both parties.
The agreement provides a framework for both the landlord and the tenant, ensuring that their rights and obligations are clear.
Names of both landlord and tenant(s)
Fixed term or periodic tenancy
Tenant's security of tenure
Rent payments
Rights and responsibilities of the landlord
Rights and responsibilities of the tenant
Notice periods
Deposit protection arrangements
Clauses about pets, smoking and subletting
The property’s Energy Performance Certificate (EPC)
What should an AST include?
Landlords can get a standard AST online or via a letting agent if they are using one. Landlords should give tenants ample time to review the agreement before signing.
Tenants should seek legal advice if they are unsure about anything in the AST. Landlords also need so supply the Government’s "How to Rent" guide to tenants at the start of each new tenancy.
Landlord rights
Landlords in the UK have specific rights for effective property management. One key right is collecting rent at agreed intervals.
They also have authority over property management. This includes entering the property (with appropriate notice) to make repairs or deal with emergencies.
Landlords can impose reasonable rules on how the property is used (e.g., no pets, no smoking), as long as they don’t breach tenant rights or discrimination laws.
Currently landlords can evict tenants using a Section 8 (fault-based) or Section 21 (no-fault) notice under the Housing Act.
However, Section 21 notices will be banned under the Renters’ Rights Bill which will become law later in 2025. This will make it more difficult to evict tenants.
Responsibilities towards tenants
Landlords must ensure the living spaces they rent out remain habitable and they must respond promptly to repair requests. The landlord is responsible for the structure of the building, as well as heating, hot water and plumbing systems.
Landlords should respect the privacy of their tenants. This involves giving proper notice before entering the property.
Health and safety requirements
Landlords must adhere to stringent health and safety standards. This ensures rental properties are safe for tenants.
Here are the key requirements:
To comply with fire safety laws, you must conduct regular safety checks. This might include installing smoke alarms and carbon monoxide detectors and providing access to escape routes.
Landlords must arrange annual inspections by a Gas Safe registered engineer.
A qualified electrician should check the electrical system. They should also inspect any appliances provided by the landlord.
Landlords need to provide tenants with a copy of the Energy Performance Certificate. This helps tenants understand the property's energy efficiency.
Assess for damp, mould, and structural stability. This prevents accidents or health issues.
Conduct regular safety checks
Ensure gas safety certificates are up-to-date
Schedule electrical inspections every five years
Provide an Energy Performance Certificate
Check for hazards in the living environment
Financial responsibilities
Landlords can’t usually let a property owned on a residential mortgage – you need a buy-to-let mortgage. These tend to require bigger deposits and have higher interest rates.
If the landlord collects a deposit, it must be protected in a government-approved tenancy deposit protection scheme.
The deposit must be returned at the end of the tenancy, minus any deductions for damages or unpaid rent. In some areas, you’ll need to register as a landlord with your local council.
If you own a HMO, you will usually need a license. Landlords need to declare rental income to HMRC and pay tax in line with the current BTL tax regime.
Landlord insurance can safeguard against property damage, liability claims, loss of rental income and various other financial risks.
Dealing with tenant issues
When managing disputes with tenants, landlords should aim for amicable resolutions. Effective communication can often prevent minor disagreements from escalating.
Regular meetings and open communication are key. These foster a positive relationship and make it easier to address concerns early.
However, if disputes cannot be resolved internally, landlords should familiarise themselves with the latest landlord/tenant legislation to ensure their actions are legal.
For example, the law on section 21 evictions is due to change later in 2025 under the Renters’ Right Bill.
Landlords should seek advice from a recognised landlord body such as the National Landlord Association (NLA) if they are unsure about anything.
What is the Renters’ Rights Bill?
The Renters Rights Bill is a major piece of legislation in the UK that aims to overhaul private renting in England, giving renters stronger rights and improving standards in the sector.
As of early 2025, the Bill has gone through several stages in Parliament but is not yet fully law.
Key proposals in the Renters Rights Bill include:
Abolition of section 21 “no-fault” evictions
Move to periodic tenancies only
Strengthened grounds for eviction
Right to request a pet
Property portal for landlords
Private renters’ Ombudsman
Rent increases regulation
Compare landlord insurance
Being a landlord can be rewarding financially, but only if the numbers add up. Landlords can protect themselves against some unexpected costs by having the right insurance in place.
Landlord insurance can protect you against unwanted costs, such as accidental or malicious damage, cover for an unoccupied property, or rent guarantee if your tenants fail to keep up with payments.
Use MoneySuperMarket to compare landlord insurance deals. We can help you find the right cover at a reasonable price, not just the cheapest policy available.
