An overview of the responsibilities of a UK landlord
If you earn income from property in the UK, there are a number of administrative, financial and safety-related responsibilities that you’re legally required to meet. Unsure what these are? Here’s an overview of the responsibilities of landlords with property in England and Wales, Scotland and Northern Ireland.
Responsibilities of landlords with property in England and Wales
If you earn income from property in England and Wales, your responsibilities include:
- obtaining permission from your mortgage lender to let the property, if it’s mortgaged
- obtaining a ‘House of Multiple Occupancy’ (HMO) license, if required, and following additional rules if the property qualifies as an HMO
- keeping the property in good condition, ensuring that it’s safe and free from health hazards
- obtaining an Energy Performance Certificate (EPC) for the property before you market it to rent
- ensuring all gas equipment and electrical equipment is safely installed and maintained, and that it meets specified safety standards
- fitting and testing smoke and carbon monoxide alarms
- following the relevant fire safety regulations, as required, for houses and property adapted into flats and property in a purpose-built block of flats
- protecting your tenants’ deposits in a government-approved scheme
- checking whether you need to tell HMRC about the income you earn from the property and paying the correct amount of Income Tax and Class 2 National Insurance
- providing your tenants with a copy of the government’s ‘how to rent’ checklist
- providing tenants with at least 24 hours’ notice if you intend to enter the property to inspect it or carry out repairs
- following the appropriate rules if you intend to increase the amount of rent that tenants must pay
In addition, as the landlord of a property in England or Wales, you’re usually responsible for carrying out repairs to:
- the structure of the property
- basins, sinks, baths and other sanitary fittings
- heating and hot water systems
- anything you damage through attempting repairs
If the property is in England, you are also responsible for checking that tenants have the right to rent the property.
For more information about your responsibilities as a landlord in England and Wales, check out the guidance on the UK government’s website.
Responsibilities of landlords with property in Scotland
If you earn income from property in Scotland, your responsibilities include:
- registering with the property’s local council area, and confirming that you meet specific legal obligations
- providing tenants with your name and address
- providing tenants with a tenancy agreement and the correct information notes for their tenancy, including how the property meets The Repairing Standard
- considering whether a ‘House in Multiple Occupancy’ (HMO) licence is required
- registering tenants’ deposits with an approved tenancy deposit scheme within 30 days of the tenancy start date
- arranging to pay any Income Tax required on the income you earn from letting the property
- ensuring that the property meets both The Repairing Standard and the tolerable standard of repair
- meeting a number of gas, electricity, carbon monoxide and other safety requirements
- obtaining an Energy Performance Certificate (EPC) for the property before you market it to rent
- providing tenants with the EPC and displaying a copy of the certificate somewhere in the property
- providing tenants with an Annual Landlord Gas Safety Record certificate, electrical safety certificates and information on how to report repairs and emergencies
- ensuring that a Legionella Risk Assessment is carried out
- meeting the appropriate requirements if the property has a private water supply
- maintaining the property's structure and exterior, including drains, gutters and external pipes
- meeting your obligations for common repairs
- ensuring you have appropriate buildings insurance if the property is in a tenement building
- compiling an inventory of everything in the property, taking photos of the condition of furniture and carpets, and mentioning any damage in the inventory
- providing the property’s local council area with your tenants’ details and moving-in date once all the required paperwork is signed
- informing tenants that the council has their details, and telling them which council tax band the property is in
- meeting the requirements for landlords on the tenants’ moving-in day
- providing the tenant with written notice if there's any defect in the property or if work needs to be carried out
- respecting tenants’ ‘peace and quiet’, and providing them with the correct amount of notice if you intend to enter the property
- taking action to deal with any anti-social behaviour by your tenants that occurs either in or around the property
- following the appropriate legal processes if you want tenants to leave the property
For more information about your responsibilities as a landlord in Scotland, check out the guidance on the Scottish government’s website.
Responsibilities of landlords with property in Northern Ireland
If you earn income from property in Northern Ireland, you must follow:
- the Disability Discrimination Order (NI) 2006
- the Sex Discrimination (Northern Ireland) Order 1976
- the Race Relations (NI) Order 1997
You also have a number of additional responsibilities, which include:
- ensuring the safety of gas and electrical appliances
- ensuring the fire safety of furniture and furnishings provided under the tenancy
- ensuring that the property is fit for habitation
- maintaining and repairing heating equipment
As the landlord of a property in Northern Ireland, you are entitled to enter the property to inspect it and carry out repairs. The repairs you are responsible for carrying out relate to:
- the structure and exterior of the property
- heating and hot water systems
- basins, sinks, baths and other sanitaryware
For more information about your responsibilities as a landlord in Northern Ireland, check out the guidance on the government website for Northern Ireland citizens.
How to manage tax as a landlord
If you’re wondering how to manage your tax obligations as a UK landlord, then FreeAgent can help. We’ve built a new version of our award-winning accounting software that’s designed specifically for landlords.
FreeAgent for Landlords will help you manage your property finances and submit Self Assessment to HMRC. Find out more.
Disclaimer: The content included in this blog post is based on our understanding of tax law at the time of publication. It may be subject to change and may not be applicable to your circumstances, so should not be relied upon. You are responsible for complying with tax law and should seek independent advice if you require further information about the content included in this blog post. If you don't have an accountant, take a look at our directory to find a FreeAgent Practice Partner based in your local area.