Key landlord duties during a tenancy include ensuring property habitability/safety (Gas – annually, Electrical Certs – 5-yearly), managing deposits (protect within 30 days), Right to Rent/EPC checks (start/new tenants), rent collection, maintenance, and providing correct documentation/agreements. Compliance requires consistent adherence to legal obligations and regular updates/inspections. This is particularly important for HMOs and properties which are subject to licensing.
Tenant Obligations
Tenants are responsible for normal household maintenance. Where expensive repairs are required or necessary, a tenant should request their landlord to inspect and get the works carried out. Tenants must not instruct a contractor directly except in the event of an emergency.
If stated in the tenancy agreement, tenants must look after their garden (if the property has one). Tenants must not uproot established trees or shrubs and must not remove lawns already laid at the commencement of the tenancy.
Key Landlord Elements & Compliance Frequency
Inspections
It is critical to ensure the landlord/agent keeps a regular eye on the property, and especially get the tenant(s) to inform them of any problems. This will hopefully stop any minor problems becoming major.
It is also important to remember that access to the property is only with the tenant’s consent. It is critical not to abuse this consent. Whilst the law states that access can be gained after giving 24 hours written notice, if the tenant refuses access the landlord cannot enter the property.
The best way of gaining access is to have a clause in the tenancy agreement stating that regular inspections will be carried out. Then the landlord/agent can contact the tenant stating that the next inspection will be at a given time and date, and that the tenant can be present if required but does not have to be. Unless the tenant responds to state that access is refused, it will be acceptable to enter.
Recommended intervals for inspections are within the first week, to ensure all is well and that the tenant has understood all the instructions upon check-in. After that, it is probably best to arrange quarterly visits in the first year; perhaps six-monthly thereafter.
The critical thing is to retain good communications with the tenant(s).
Property Safety & Habitation
- Gas Safety Certificate: Annually (by Gas Safe registered engineer).
- Electrical Safety Check: Every 5 years (EICR, qualified electrician).
- Smoke/CO Alarms: Must be working at tenancy start; regular testing advised.
- Fitness for Human Habitation (Homes Act 2018): Ongoing duty to keep property safe and free from serious hazards.
Occupancy Compliance
- Tenancy Numbers: Check the occupants match those agreed, as over-occupancy or subletting are likely to result in issues including HMO licensing and insurance.
- EPC (Energy Performance Certificate): It is expected that minimum permitted EPC requirements will change to EPC of C or better between 2028 and 2030.
- Right to Rent Check: Review checks for tenants who do not have a permanent right to remain.
Repairs & Maintenance
- Maintain structure, exterior, heating, plumbing, and electrical systems (major repairs are the landlord’s responsibility).
- Respond promptly to repair requests.
- The Renters Rights Act will bring additional requirements, including the Decent Homes Standard and Awaab’s Law.
Rent & Finance
- Collect rent on time as per agreement.
- If rent is late or not paid in full, contact the tenant to get an explanation and agree how and by when they will bring it up to date and what steps they will take to avoid it happening again. Follow up with a written summary of what is agreed.
- Rent increases are only permitted annually using a Section 13 notice (Form 4), providing at least two months’ written notice (one month currently, moving to two from May 2026), stating the new rent, start date, and ensuring it reflects market rates for periodic tenancies. Tenants can challenge the increase at a tribunal if they disagree.
Documentation
Keep records of all certificates (Gas, Electrical, EPC) and deposit scheme paperwork.
Dealing with Complaints
It is critical to deal with complaints quickly. If a tenant makes a complaint about something, the landlord must respond in writing within 14 days.
It might be that the landlord’s response states that there is actually no problem — for example, it might be that the tenant is complaining about something they are causing, such as substandard tenant electrical equipment tripping the fuse. If there actually is a problem, it does not have to be resolved within the 14 days if not possible or practical. It might be that the landlord’s response states that the problem will require longer-term work, quotes, or freeholder approval.
If a landlord ignores a tenant’s complaint and the Council issues a notice (e.g. Improvement Notice, Abatement Notice), the landlord faces criminal charges, fines (up to £30,000), Council-led repairs with cost recovery, or prosecution if they fail to comply with the statutory order. For discretionary grounds (like Grounds 9–17), the court can decide not to grant possession based on the landlord’s conduct and the property’s condition.
The important thing is to respond in writing within the 14-day period.
