Legal issues for landlords to consider when renting out a property in the united kingdom which could can help landlord not to by imprisoned
Immigration Act 2016
a tenant’s original acceptable documents that
allow them to live in the UK
the documents with the tenant present
and keep the copied documents on file and
record the date of the check
Landlord’s legal obligations or duties vary depending on your tenancy type but certain basic rules are always the same.
Duty to check tenont right to rent
Before you can rent a home in England, a private landlord or letting agent must check your immigration status and the status of any adult who is living with you.It’s a criminal offence if they don’t do right to rent immigration checks. Duty to provide start of tenancy information
At the start of your tenancy the landlord must give the tenont:
- Copy of the latest government guide: How to rent – if you have an assured shorthold tenancy that started or was renewed on or after 1 October 2015
- Energy Performance Certificate for the home
- Gas safety certificate (if the home has gas appliances)
It is harder for a landlord to evict an assured shorthold tenant if the information required isn’t provided. Housing & Planning Act 2016 What? The idea is to capture rogue landlords more effectively and is expected to come in by 6 April 2017. It seeks to introduce higher fines for repeat offences, rent repayment orders, fixed penalty notices, and Tenancy Deposit Protection data given to councils.
- It’s illegal eviction if a landlord tries to force you to leave without following the correct procedure. This is a criminal offence.
- Illegally evicting a tenant
- Renting out a property decided to be unsafe as a dwelling by local authorities
- Failing to carry out works required by local authorities to prevent health and safety risk to tenants
- Renting out a property to an illegal migrant
- Using violence, or threatening violence against a tenant
- Making fraudulent applications for housing benefit, or committing identity theft
- Using the property to cultivate cannabis
- Theft or criminal damage
- Colluding with the tenant to commit a criminal offence, such as tax evasion or the supply of illegal drugs.
Duty to protect your tenancy deposit
If you’re an assured shorthold tenant Landlord must protect your tenancy deposit with a UK government-approved deposit protection scheme.
The Deposit should have been protected but wasn’t:
Tenant can claim tenancy deposit scheme compensation it can be more difficult for Landlord to end the tenancy Lodgers’ deposits don’t have to be protected. Tenants and lodgers’ deposits should be returned after you leave if you’ve paid all the rent and caused no damage.
Landlords must make sure the equipment for supplying water, gas and electricity is kept in safe working order.
Landlords are responsible for repairs to the exterior and structure of a property including problems with the roof, chimneys, walls, guttering and drains.
If Landlord needs access to the property to inspect it and do repairs, they should give reasonable notice and arrange a suitable time to visit (unless there’s an emergency). Your tenancy agreement may say how much notice they should give.
Find out more about responsibilities for repair.
If your assured shorthold tenancy started or was renewed on or after 1 October 2015, you have some legal protection against revenge eviction if you complain about repairs.
Health and safety obligations
Have a gas safety check done every 12 months by a Gas Safe registered engineer make sure any furniture they provide meets safety standards ensure electrical equipment they provide meets safety standards Landlord must install a smoke alarm on each floor of your home and carbon monoxide detectors in any room with a coal fire or wood- burning stove Adequate fire precautions Fit at least one smoke alarm on every level of the home. Smoke alarms are cheap and easy to install. From £5.39 on Amazon UK click here for current prices.
This doesn’t apply if you have a resident landlord Landlord can’t refuse to accept your rent. If Landlord refuses to accept your rent, keep trying to pay it and keep the money separate, for example, in a separate bank account.
Landlords must follow rules on rent increases that vary according to the type of tenancy you have.
Duty to allow tenant to enjoy landlords home
Landlords must let tenont live in your home without unnecessary interference, should not let themselves into your home without your permission (or anyone employed by them) should not harass you in your home or make it difficult for you to stay there.
Duty to follow eviction rules
Landlord needs to give you notice in writing and get a court order before court bailiffs can be used evict the tenant from Assured shorthold tenancy – the most common private tenancy type Assured tenancy and Regulated tenancy A court order isn’t needed for the eviction of lodger illegal eviction if a landlord tries to force the tenont to leave without following the correct procedure. This is a criminal offence.