Navigating Legalities: A Guide for New Landlords

3 mins to read

If you have decided to purchase a second property and rent it out, you may be feeling preoccupied with matters such as finalising financial details, choosing a managing agent or liaising with builders and decorators about making improvements.

Amidst all these details it is important not to forget about legal requirements you will be taking on as a landlord.

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Renting out a property and becoming a landlord is a significant responsibility, and one that comes with a range of legal requirements. Here’s a brief introduction to what becoming a landlord entails.

Know what you’re getting into

Becoming a landlord can be a daunting proposition, as it effectively requires a property owner to trust strangers with a home. Before advertising for tenants, it is important to understand the rules and regulations you are legally required to follow. This includes:

  • Ensuring that all gas and electrical equipment is safely installed and properly maintained.
  • Keeping your property free from health hazards.
  • Ensuring the tenant has the right to rent your property.
  • Providing an Energy Performance Certificate (EPC) for your property.
  • Arranging for your tenant’s deposit to be protected by a government-approved scheme.

A property solicitor is well placed to help guide a landlord through this maze of regulations and ensure they comply with current legislation.

Keep on top of paperwork

As the person ultimately responsible for the roof over your tenant’s head, it is important to put the right legal documentation in place to protect both parties and ensure clarity from the start of your landlord and tenant relationship. Unless you choose to manage the entire letting process yourself, you will also need an agreement with your chosen estate agent.

Bringing in a lawyer to assist with property matters can make a genuine difference to the process of becoming a landlord, providing valuable advice from a professional who is on your side and can help protect your interests. A lawyer can handle letters, forms, and documents, either by drafting and advising on them or, in some cases, by providing templates that you can use for a smoother journey into being a landlord.

It is not a legal requirement in England and Wales to have a lease or tenancy agreement in place, but it can be an essential tool for a landlord in the event of a dispute. Agreements outline what is expected of a tenant, including how much they pay, how long the agreement will last, how many people will live in the property, and whether any pets are allowed.

Be a responsible landlord

There are a number of procedures in place today to keep the relationship between landlord and tenant fair. This includes initiatives such as Tenancy Deposit Schemes and a range of legislation that protects both parties.

As a landlord, you have a duty to manage health and safety issues relating to sanitation, ventilation, heating, electricity, and the structure of the property. It is important to keep a close eye on the condition of your rented property, and this can be done with the help of both property professionals and legal experts to ensure that you always comply with the rules and regulations in place for your tenants’ safety.

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