Blog, UK

Renting Right: A Guide to Landlord and Tenant Rights & Responsibilities


Renting a property is a pivotal milestone in the lives of many individuals and families, offering a sense of independence and stability. However, it is essential to recognize that renting comes with its rights and responsibilities for landlords and tenants. In the United Kingdom, clear legal frameworks govern the landlord-tenant relationship, ensuring fairness and protection for all parties involved. With 4.5 million properties and almost 19% of all housing in England, the PRS is a crucial component of the housing market.
In order to run a profitable rental business while abiding by the law, landlords must be aware of their rights and responsibilities. First and foremost, landlords must ensure that their properties adhere to safety and habitability regulations. This entails following health and safety laws, ensuring safe electrical and gas systems, and offering sufficient ventilation and heating. In addition, there are legal requirements for landlords when it comes to managing tenant deposits. Within 30 days of receiving a deposit from a tenant, landlords in the UK are obligated to safeguard the money in a tenancy deposit protection scheme approved by the government. Landlords who violate these rules may be subject to financial penalties.
On the other hand, throughout the tenancy, tenants have additional rights and obligations that they must respect. The right to occupy a secure and well-maintained property is among the most significant rights granted to tenants. Landlords are legally compelled to address any issues that affect the property’s safety or habitability, and tenants have the right to request that repairs be made promptly.

Landlord and Tenant Act (1985):
A critical piece of UK legislation that describes the rights and obligations of landlords and tenants in residential tenancies is the Landlord and Tenant Act of 1985. It addresses several issues related to the landlord-tenant relationship and aims to provide both sides with protection and equitable treatment. This legislation had embarked on various rights and responsibilities of the Landlord and tenant.

Right of Landlord:
Section 2 of the Landlord and Tenant Rights and Responsibilities in the private rented sector by the Ministry of Housing, Communities & Local Government is intended for landlords who rent to tenants under the most popular tenancy arrangement: assured shorthold tenancy. Landlords are entering a legal agreement to rent the property to a tenant when setting up an assured shorthold tenancy.
The guidance section on landlords will assist in understanding the Landlord’s duties and, as a result, in building a good rapport with the tenant. Gaining a clear understanding of your legal obligations as a landlord will also be beneficial.
There are a few everyday responsibilities of a landlord:
Repairs: Landlords are in charge of making necessary repairs and maintaining the building’s utilities, including the heating, plumbing, and sanitary systems. They have to deal with repair problems quickly and effectively.
Deposit Protection: Within 30 days of receiving a tenant’s deposit, landlords must place it in a tenancy deposit protection plan approved by the government. Penalties in cash may follow noncompliance.
Providing Appropriate Documentation: Landlords must furnish tenants with all necessary documentation, such as the government’s “How to Rent” handbook, the gas safety certificate, and the Energy Performance Certificate (EPC).
Tenant Privacy: To respect their right to privacy and the ability to enjoy their space in peace, landlords must give tenants adequate notice before accessing the property for maintenance or inspections.


Tenant Rights :
Section 1 of the Landlord and Tenant Rights and Responsibilities in the Private Rented Sector by the Ministry of Housing, Communities & Local Government is for those about to rent a home or apartment under an assured shorthold tenancy or currently tenants.
Section 3 of the Landlord and Tenant Rights and Responsibilities in the Private Rented Sector by the Ministry of Housing, Communities & Local Government states tenants’ rights, responsibilities and advice.
The tenant can sue the Landlord under the Homes (Fitness for Human Habitation) Act of 2018 if the property is unfit for human habitation.
Larger houses of multiple occupation that are three stories or higher and occupied by five or more persons who comprise at least two independent households are required to obtain a license under the Housing Act of 2004.
According to the Landlord and tenant rights and responsibilities in the private rented sector, these are the following rights of tenants:
Provide all ‘start of tenancy’ paperwork.
Structural maintenance
Smoke alarms
Maintenance
Carry out repairs
Gas safety check
Licensing
Prior notice of visits


According to the Landlord and tenant rights and responsibilities in the private rented sector, these are the following Tenant responsibilities :
Pay the rent on time.
Pay any other bills.
Be considerate to the neighbours.
Not take in a lodger.


Dispute resolution :
Landlords can find themselves in situations where they need to fulfil their obligations. Tenants should get assistance in such situations by contacting the local government. Local authorities now have strong enforcement powers under the new legislation, allowing them to aim at unscrupulous landlords if the Landlord or letting agent has failed to provide tenants with a suitable and safe place to accommodate.


Conclusion :
In conclusion, an effective and legally compliant renting relationship in the UK requires landlords and tenants to know their respective rights and duties. Landlords must follow the law regarding upholding safety regulations, maintaining their properties, and treating renters fairly. Building trust and reducing conflict begins with offering complete and transparent leasing agreements, safeguarding tenant deposits in government-approved programs, and ensuring rent laws are followed. Renters must understand their rights in relation to private property, livable living circumstances, and defence against unjust eviction procedures. Maintaining an excellent renting experience can be facilitated by being aware of the provisions of the tenancy agreement, reporting maintenance issues as soon as they arise, and being transparent with the Landlord.

https://www.gov.uk/government/publications/landlord-and-tenant-rights-and-responsibilities-in-the-private-rented-sector/landlord-and-tenant-rights-and-responsibilities-in-the-private-rented-sector
https://www.legislation.gov.uk/ukpga/1985/70
https://manaksolicitors.co.uk/landlord-tenant/a-guide-to-tenant-rights/
https://www.legislation.gov.uk/ukpga/2004/34/part/7/crossheading/meaning-of-house-in-multiple-occupation#:~:text=254Meaning%20of%20%E2%80%9Chouse%20in%20multiple%20occupation%E2%80%9D&text=(e)it%20is%20a%20converted,to%20which%20section%20257%20applies.&text=(f)two%20or%20more%20of,one%20or%20more%20basic%20amenities.