Navigating legislation affecting rental properties can be one of the most challenging elements of being a private landlord. There are nearly 150 pieces of law affecting tenancies, so it can be difficult to stay up to date with changes and ensure you remain compliant.

Working with a trustworthy company specialising in residential lettings helps take the stress out of being a private landlord.

Edwards Sales & Lettings are proud to be members of ARLA Propertymark, voluntarily adhering to a nationally recognised code of practice, enabling us to give you a more complete service and greater peace of mind. We can help you to meet all the legal requirements necessary to let out your property, so you can sit back knowing your investment is in safe hands.

As a private landlord, it's your responsibility to ensure that your rental property is safe and in a good state of repair. You should allow your tenant to live in the property undisturbed and it is a legal requirement to make your tenant aware of who you are, should they ask for this information.

Below, our residential lettings team will cover some of the legislation that affects landlords, including:

• Tenancy Agreements
• Tenancy Deposit Scheme
• Gas Safety
• Carbon Monoxide and Smoke Alarms
• Electrical Testing
• Legionella
• The Housing Health and Safety Rating System (HHSRS)
• Repairs
• Furniture and Furnishings
• Right to Rent
• Energy Efficiency
• Houses in Multiple Occupation (HMO)
• Rent Increases
• Evictions

At the start of a new assured or assured shorthold tenancy (AST), you must provide your tenant with:

• An energy performance certificate (EPC) unless the tenant is a lodger.
• A gas safety certificate if your home has gas appliances.
• A copy of the 'How to Rent' guide.

If you rent your property using an assured shorthold tenancy, you must protect your tenant's deposit by placing it in a government-approved tenancy deposit scheme (TDP).

In England and Wales, your deposit can be protected by:

• Deposit Protection Service
• MyDeposits
• Tenancy Deposit Scheme

There are separate TDP schemes in Scotland and Northern Ireland.

Once you have received your tenant's deposit, you have 30 days to provide them with the following information:

• The address of the rented property
• How much deposit they've paid
• How the deposit is protected
• The name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
• Your (or the letting agency's) name and contact details
• The name and contact details of any third party that's paid the deposit
• The circumstances that would lead to you keeping some or all of the deposit
• How they can apply to get the deposit back
• What they should do if they cannot get hold of you at the end of the tenancy
• What they should do if there's a dispute over the deposit

Landlords are legally responsible for the gas safety of their properties. The Gas Safety (Installation and Use) Regulations 1998 outlines what landlords must do to ensure gas appliances, fittings and flues provided for tenants are safe. Landlords must arrange an annual gas safety check on every gas appliance and flue by a registered Gas Safe engineer. When the Gas Safe registered engineer has completed the safety check they will provide a Gas Safety record. We can make this hassle-free for you by reminding you when the Gas Safety check is due and organising it for you for just £72 (£60 + VAT).

The original Gas Safety record must legally be kept by the landlord or letting agent for at least two years (or the duration of the tenancy). A copy should be given to the tenant within 28 days of the check taking place and the current certificate should be given to a new tenant before they move in.

The Government introduced the Smoke and Carbon Monoxide Alarm (amendment) Regulations (2022) to make landlords in the private rented sector in England responsible for ensuring that smoke and carbon monoxide detectors are appropriately installed and are in proper working order at the start of a new tenancy.

The Regulations affect England only and came into force on 1 October 2022. Landlords have to ensure that a smoke alarm is fitted on every floor of their property where there is a room used wholly or partly as living accommodation. They also have to put a carbon monoxide alarm in any room where there is a fixed combustion appliance, excluding gas cookers. Landlords, or their agents, have to ensure that the alarms work at the start of each new tenancy. We can organise for one of our trusted contractors to install smoke alarms and/or carbon monoxide detectors as required.

Landlords have a legal duty to ensure that their rental property and any electrical equipment provided is safe before a tenancy begins and throughout its duration. The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require landlords to have their property's electrical installations inspected and tested by a qualified and competent person at least every 5 years. A copy of this electrical testing report must be given to an existing tenant within 28 days of the inspection. Any new tenant should be provided with a copy of the most recent report before they occupy the premises.

Portable Appliance Testing (PAT) is not a legal requirement for, however it is a requirement of letting a property in Loughborough if it falls within the areas affected by Selective Licensing. If you don't invest in PAT testing for your rental property, you should thoroughly check all portable electrical appliances before you let the property. You should check that:

• There are no cuts/abrasions to the cable
• The plug is satisfactory
• There are no loose parts or screws
• There are no signs of burning and there is no damage.

We can alleviate this worry for you by arranging for our recommended electrician to carry out an Electrical Installation Condition Report (EICR) to meet these new requirements.

Legionnaires' disease is a pneumonia-like infection caused by Legionella bacteria, commonly through the inhalation of small droplets of contaminated water. Landlords must assess and control their tenants' risk of exposure to legionella and ensure their safety, according to The Approved Code of Practice Legionnaires' Disease: The Control of Legionella Bacteria in Water Systems (L8). However, this does not require an in-depth detailed assessment. Most landlords can assess the risk themselves and do not need to be professionally trained.

Although the risk of Legionella bacteria is low if the property is occupied (especially if there's an electric shower and combination boiler, so water isn't stored), there are still some steps you can take to further minimise the risk:

• Flush the system between tenancies
• Have any redundant pipework removed
• Ensure the water is stored at 60°C if you have a hot water cylinder
• Check the water temperature during property inspections

This details 29 separate hazards that landlords should take reasonable steps to protect their tenants from. The HHSRS includes:

• Electrical faults
• Gas safety
• Damp and mould
• Trip hazards

All landlords must comply with the HHSRS to ensure their properties are safe for tenants and to avoid legal ramifications. It's a risk assessment tool that will be used by your local council should a tenant complain about the health and safety of their home. Working with Edwards Sales and Lettings is the easiest way to ensure your property complies with the HHSRS and avoids legal penalties.

Landlords are responsible for the majority of property repairs, including:

the property's structure and exterior
basins, sinks, baths and other sanitary fittings including pipes and drains
heating and hot water
gas appliances, pipes, flues and ventilation
electrical wiring
any damage caused by the landlord attempting repairs

However, tenants are responsible for any repairs as a result of damage caused by them or their family or friends. As the landlord, you are required to tell the tenant when repairs should be completed and this should be within a reasonable time frame.

Disputes about garden maintenance are commonplace, so it's best to include information in the tenancy agreement about who is responsible for maintaining the garden and what this involves.

The Furniture and Furnishings (Fire) (Safety) Regulations 1988* set levels of fire resistance for domestic upholstered furniture, furnishings and other products containing upholstery. They should pass the 'smouldering cigarette' and 'match flame' resistance test and carry a label confirming this. Generally, items manufactured in the UK after 1990 are likely to meet the required standards and display the appropriate compliance.** If items do not comply they should be removed from the property before it is let.
* As amended 1989, 1993, 2010
** Exceptions apply

Under Section 22 of the Immigration Act 2014, a landlord must not authorise an adult to occupy property as their only or main home under a residential tenancy agreement unless the adult is a British citizen, or European Economic Area (EEA) or Swiss national, or has a Right to Rent in the UK. The law introduces a requirement from 1 February 2016 for all landlords of private rental accommodation in England to carry out Right to Rent checks for new tenancy agreements to determine whether occupiers aged 18 and over have the right to live in the UK legally.

As a landlord, you might also carry out other checks (such as referencing or affordability checks). Landlords and letting agents are not allowed to charge for these types of checks.

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 introduced measures to improve the energy efficiency of private rented properties under the Energy Act 2011. Part Three of the Regulations outlines that private sector landlords must not grant a new tenancy of a property (including an extension or renewal) they let after 1 April 2018 and must not continue to let the property (on an existing tenancy) after 1 April 2020, where the Energy Performance Certificate (EPC) is below the minimum level of energy efficiency for private rented properties of band E. All let properties are required to have a valid EPC available as of 1 April 2020.

A House in Multiple Occupation (HMO) is a property that is shared by three or more tenants who are not living together as a family and who share basic amenities such as a kitchen, bathroom or toilet facilities but have separate bedrooms.

If the property is in Loughborough and has three or more tenants, forming 2 or more households, or outside Loughborough and has more than six unrelated tenants then you will need planning permission for a HMO. You should also check the rules for your specific council.

Your tenancy agreement should include information on how and when the rent will be reviewed and potentially increased. There are special rules for increasing protected (or 'regulated') tenancy rents.

For a periodic tenancy (let on a week-by-week or month-by-month basis), you cannot increase the rent more than once a year without your tenant's agreement. For a fixed-term tenancy (for a set amount of time, such as one year), you can only increase the rent if your tenant agrees or when the fixed term ends. All rent increases should be fair and in line with average local rents.

If you want a tenant to leave your property, there are strict procedures and rules you must follow which will depend on the type of tenancy agreement in place.

Rules for Periodic Assured Shorthold Tenancies (ASTs)
Periodic tenancies run on a weekly or monthly basis and have no fixed end date. For this type of tenancy, you must give notice to your tenants that you want your property back ('notice to quit'). This is called a Section 21 Notice and you don't need to give any specific reason for needing the property back.

Rules for Fixed-term Tenancies
For fixed-term tenancies, you will require a reason to evict your tenants, such as a failure to pay rent or anti-social behaviour, and will need to give a Section 8 Notice.

The government has recently introduced new legislation that will affect landlords, called the Renters' Rights Bill 2024. This bill is currently scheduled to become law in Spring 2025.

Renters' Rights Bill 2024
The Renters Rights Bill contains several measures that will affect how landlords operate:

• A proposed abolishment of 'no-fault' evictions and Section 21 notices.
• Rent increases will only be allowed once a year and must be aligned with market rates.
• All tenants will be allowed to ask to have their pets in the home and landlords will need a valid reason for refusing.
• The Decent Homes Standard will now apply to private rentals and landlords will need to deal with mould or damp issues within a fixed timeframe or risk penalties.
• Rent bidding laws will be banned. Landlords will need to publish an asking rent and won't be able to accept offers from tenants that are above this stated rent.
• A Private Rented Sector Landlord Ombudsman will be introduced to provide a cheaper and quicker way to resolve disputes.

Working with the team at Edwards Sales and Lettings is the best way to ensure you stay compliant. Our residential lettings experts are well-versed in all the relevant legislation and will stay up-to-date on any changes on your behalf.

View our range of Property Management services or get in touch with our team today to learn more about working with us. Call us on 01509 268 208 or email us at info@helloedwards.co.uk.