Private Landlords Responsibilities in East London 

The private rental sector is heavily regulated to protect tenants from unfair treatment and ensure that landlords provide safe, adequate living conditions. There are around 170 pieces of legislation that apply to the private rental sector and staying up to date with changes is not easy. 

As an East London estate agent covering areas such as Leyton, Leytonstone and Seven Kings, we receive many enquiries from private landlords about their responsibilities. We have created this guide to provide a detailed overview of the key landlord responsibilities to help to stay compliant with the relevant rules and regulations. 

Tax And Financial Obligations For Landlords 

Landlords have several tax and financial obligations to meet:  

Declaring Income And Paying Tax 

The money you earn from rental income is subject to Income Tax, so it is important to correctly calculate the tax you owe and pay any tax by the required deadlines. To calculate your Income Tax, you add your rental income (minus any deductible expenses) to your salary from employment. 

Having A Buy-To-Let Mortgage 

If you are renting out a property to tenants, you will require a buy-to-let mortgage, as opposed to a standard residential mortgage. Buy-to-let mortgages typically have higher interest rates than regular mortgages and often require higher deposits. There will usually be stricter criteria to meet as well, such as a minimum rental income. 

Deposit Protection  

Landlords are legally required to place tenancy deposits into a government approved deposit protection scheme. 

These are the approved schemes: 

• Deposit Protection Service 
• MyDeposits 
• Tenancy Deposit Scheme 

The deposit must be transferred into the scheme within 30 days of receiving the payment and it must be kept in the protection scheme until the end of the tenancy. Once the tenancy ends, the deposit should be returned to the tenant within 10 days of the tenancy ending. If there are any disputes around deposit deductions, the schemes offer a dispute resolution service. 

Want to know more? Electrical safety is one of the most important areas of compliance — read our dedicated guides to electrical safety certificates for landlords and whether PAT testing is a legal requirement to make sure you’re meeting your obligations.

Landlord Health And Safety Requirements 

To ensure the protection of tenants’ health and safety, there are a number of regulations to comply with: 

1 Gas And Electrical Safety   

Landlords are responsible for arranging annual gas safety checks by a suitably qualified Gas Safe registered engineer. The engineer will check gas appliances and issue a Landlord Gas Safety Record that includes details of the checks that have been completed. A copy of the gas safety certificate must be provided to the tenant within 28 days of the check or when a tenant moves in. 

It is also the landlord’s responsibility to ensure properties meet the required electrical safety standards. An Electrical Installation Condition Report (EICR) must be conducted every five years by a qualified and competent person and a copy of the EICR should be provided to the tenant.  

2 Fire Safety  

Fire safety requirements include ensuring that smoke alarms and carbon monoxide detectors are installed and are in working order. Smoke alarms are required on every habitable level and CO alarms should be fitted in any room with a solid fuel burning appliances (excluding cooking appliances). This applies to rooms with appliances such as a gas fire or wood burning stove. 

If any furniture is provided, it must be fire safe and tenants must have access to escape routes at all times. For HMOs, there are additional fire safety regulations, including provision of fire alarms and extinguishers. 

3 HHSRS Hazard Ratings 

If the tenant or local council requests a HHSRS (Housing Health and Safety Rating System) assessment, an environmental health officer will carry out an inspection to identify any health and safety hazards. The rating system is based on 29 hazard categories and landlords are required to take remedial action to resolve any identified risks by the timeframes provided to ensure the property is free of health hazards. 

4 Getting A Valid Energy Performance Certificate (EPC)  

All rental properties are required to have a valid Energy Performance Certificate (EPC), which indicates the energy performance rating of the property. The EPC is required before the property goes on the rental market to provide the information to prospective tenants. 

Under the Minimum Energy Efficiency Standard (MEES) regulations, rental properties must meet a minimum grade E rating. It is expected that this minimum rating could be raised in the near future, so landlords with properties that only just meet the MEES are recommended to prepare for this. 

Maintaining The Rental Property 

Regular maintenance should be carried out to ensure that the property is safe and habitable for tenants. Conducting periodic inspections will help to stay on top of any maintenance requirements and issues reported by tenants should be investigated within a reasonable time.  

Landlords are responsible for the ongoing maintenance of: 

• Structure of the property (including internal, external walls and roof) 
• Electrical wiring 
• Heating and hot water 
• Gas pipes and boilers 
• Doors and windows 
• Sanitary fixtures such as sinks, baths and toilets 
• Plumbing and drains 
• Chimneys and ventilation 
• Appliances included in the tenancy agreement 

Landlords should always give at least 24 hours’ notice before entering the property for an inspection or maintenance.  

Tenant Vetting Obligations 

1 Right To Rent Checks 

Before a tenant moves into a property, landlords are required to conduct right to rent checks to ensure that the prospective tenant is legally allowed to rent a property in the UK. The landlord, or estate agent acting on their behalf, must check documents such as the tenant’s passport or immigration documents. 

2 Reference Checks 

It is not a legal requirement to perform reference checks but it is advisable to do these to reduce the risk of missed rent payments and other issues such as anti-social behaviour. 

3 How To Rent Guide 

The landlord should provide the tenant with a copy of the government’s How to rent guide, which provides information to tenants about renting property in the UK. It includes a checklist for tenants to ensure that they understand the processes involved, as well as their responsibilities and the landlord’s responsibilities. 

Want to find out more? Staying on top of your responsibilities also means knowing what to do when things go wrong — explore how to handle a late rent payment and what the process is for resolving a tenancy deposit dispute.

4 Inventory Checks 

While not compulsory, inventory checks will help to avoid disputes about the property condition at the end of the tenancy. A tenant may request an inventory to be completed, which will need to be signed by both the landlord and the tenant.

The inventory should include all details about the property condition and any items included in the assured shorthold tenancy agreement. Taking photos and videos of the property’s condition can help to provide evidence should a dispute arise. 

Having The Correct Landlord Licence (Where Necessary) 

Some properties require a licence to be issued by the local authority. For example, houses of multiple occupation (HMOs) require an HMO licence and the property must meet the council’s criteria. The licensing requirements for HMOs can vary for different authorities, so you should check the specific requirements for the local authority your property is under. 

Some properties may require a licence if it is in an area where selective licensing applies. This might be due to the area having high crime levels or a high percentage of housing is in poor condition.

While these are some of the most important landlord responsibilities to be aware of, there are many more. If you are looking for some guidance or would like us to manage your property and help ensure compliance, get in touch. We provide property management services across East London areas including Stratford and Forest Gate.