What Are Manchester & Rochdale Landlords Responsible for? 

It’s no secret that landlords have to juggle a lot of different responsibilities. 

This is ever more the case, as new rules are steadily introduced, and major changes like the Renters Rights Bill are on the horizon. Landlords across areas like Newhey, Norden and Royton need help getting a grip of their legal obligations so that they stay compliant and avoid hefty fines from the local council — or legal action from tenants. 

Thankfully, we’re put together a comprehensive landlord checklist which will help you browse through you essential responsibilities, and give you the peace of mind that you are following lettings rules correctly. 

Keep reading to find out about your landlord duties and responsibilities. 

Landlord legal obligations guide 

Let’s break down the list of obligations upon landlords as they begin letting property. These are ordered according to the different kinds of responsibilities that landlords face, from health and safety to conduct with tenants. 

1 Starting out legally as a landlord 

To get started as a landlord it is essential that you have the correct buy to let mortgage in place, which allows you to begin letting. Sometimes your lender will grant you ‘consent to let’ but this is not guaranteed, so you will need to check in advance. 

On a similar note, you will need to apply for any landlord licensing for your property, which is usually stipulated by the local council, alongside the associated costs and conditions. These tend to apply if you operate an HMO property, or your property falls within an additional licensing or selective licensing area. 

Finally, you will need to create a binding, Assured Shorthold Tenancy Agreement (AST), and have this signed by yourself and your tenants. The term of the tenancy agreement should be clearly defined within these tenancy agreements, ensuring that everyone agrees to the terms within, and your tenancy starts out with everyone on the same page. 

2 Health & safety landlord obligations 

There are many, many health and safety regulations that landlords need to comply with, both initially and then periodically. Let’s look at each one in turn… 

• Fire safety assessment – you should carry out a fire safety risk assessment, and ensure that any furniture and furnishings you provide have the appropriate fire safety mark. 

• Smoke & Carbon Monoxide safety – It is essential to install smoke alarm and carbon monoxide alarms in your rental properties, and ensure they are located correctly. There must be one smoke alarm on each storey of the home where it is being used as living accommodation. Carbon monoxide alarms must be installed in any room used for living accommodation, which also contains a fixed combustion appliance (though excluding gas cookers). For properties with rooms with a solid fuel burning appliance such as a wood burning stove, additional carbon monoxide alarms are essential. These must be repaired or replaced if found to be faulty, and any problems with a solid fuel burning appliance should be addressed immediately. 

• Gas safety — It is essential to have the necessary gas and electrical safety checks carried out before a tenancy starts. Every 12 months, you must have a Gas Safe registered engineer carry out a gas safety check on your property and inspect all gas appliances. They will provide you with a Landlord Gas Safety Record (LGSR), also known as a gas safety certificate, which contains the details of the assessment for the tenants, and for future reference. You must supply the gas safety certificate to your tenant within 28 days of the check happening and action any issues highlighted by the engineer. 

• Electrical safety – You must have a valid Electrical Installation Condition Report (EICR) for your rental property, which is provided after an electrical engineer has carried out an electrical safety check on your property. Afterwards, you will need to supply your tenants with the report within 28 days, and to a new tenant before they begin living on the premises. Every 5 years you will have to have your certificate renewed and the checks carried out once again. 

• EPC — You will need to have a valid Energy Performance Certificate (EPC) before marketing your rental property, and before the tenants occupy it. To acquire this, you will need to have your property looked over by an accredited assessor, who will provide you with a detailed report about the energy efficiency rating of your property — and any improvements to make. You can only rent your property if it is rated ‘E’ or above on the A-G ratings system. If it falls below the standards, you will need to renovate the home to improve the standard in line with the Minimum Energy Efficiency Standards (MEES). 

• HMO specific regulations — If your property is a house in multiple occupation you will have to be extra careful to follow local council guidelines regarding HMO safety, and additional requirements regarding space, newness of facilities, extra fire safety regulations and more. The requirements depend on the type of property and its specific configuration. 

• HHSRS hazard ratings — this government guidance lists out 29 standards which rental properties have to comply with, providing a comprehensive health and safety rating system. Most of these are common sense, with many properties automatically in compliance anyway. However, these are worth checking, because if challenged by the tenant, the local council will measure the safety and habitability of your property against these standards. 

3 Onboard tenants correctly 

There are several responsibilities related to how you onboard tenants, on top of supplying them with the correct safety certificates mentioned earlier. If you do this in the right way, you will set up your tenancy for success over the long term. 

• Right to rent checks – Right to rent checks are a legal requirement and must be completed for all tenants aged 18 and above. These checks ensure that the person in question has the legal right to remain in the UK for the duration of the tenancy. You can complete these through the Government website, with numerous methods available for doing so, depending upon the status of the tenant. You must comply with the verdict which the checks return. 

• How to Rent guide – Equally, it’s a legal requirement to supply your tenants with the official ‘How to Rent Guide‘ from the government, which details their rights and responsibilities as occupants of the property (and much more). This needs to be provided at the start of the tenancy. If you fail to do so, you will not be able to evict your tenants using Section 21 in the future. 

• Deposit protection — By law, if you take a tenant’s deposit, you must protect it under one of the three, government approved tenancy deposit protection schemes within 30 days of receiving it. These schemes differ slightly in the way they operate, so look into the one which suits you best. 

• Tenant vetting & referencing – It’s essential to vet your tenants correctly before they occupy your property, from employment history, to past landlord references and credit checks. While this is not technically a legal requirement, it’s essential in practice to ensure your rental home is protected. Your letting agent can perform these on your behalf, but if you don’t have an agent, it’s essential to carry these out carefully yourself. 

4 Keep tenant contact legal 

It’s important to remember that tenants have the ‘right to quiet enjoyment’ of their property, even though you own it as the landlord. This means that you cannot enter the property as you please, or contact your tenants in a manner which is deemed to be threatening or an infringement on their rights. 

Perhaps most significantly, you need to give tenants adequate notice – and get their approval — before entering their property. This must be at least 24hrs in advance. 

You will also have to respond to maintenance requests appropriately, and follow government guidelines in responding to them. This is especially important where serious health and safety hazards are present within the property. 

5 Continuous maintenance & compliance 

It’s not just important to set up your tenancy correctly, you also have to ensure it remains fully complaint, well maintained, and that your tenants are happy (and therefore stay at the property). You are responsible for keeping the appliances in good order and functioning throughout the tenancy, as well as the interior/exterior structure of the property. 

It’s also increasingly important to stay on top of compliance regulations as they are released. Most pertinently, you will need to keep an eye on the Renters Rights Bill as it passes through parliament and becomes law, especially as regards eviction rules, higher property standards, and proposals for the new landlord database. 

Feeling more familiar with your landlord duties and responsibilities? 

It’s understandably hard for landlords to stay on top of all the rules and regulations related to renting property. For that reason, it’s a good idea to enlist the help of a local, reliable letting agent who understand the typical tenant base and has a system in place to respond to queries correctly. 

If you a landlord in areas like Chadderton, Tameside, Bury or Saddleworth — get in touch for expert lettings help today. 

Request a Call Back

"*" indicates required fields

Phone

This field is for validation purposes and should be left unchanged.

Name*

First Last

Phone/Mobile Number*

Email Address

When is the best time to call?*

Choose your suitable time...Morning [9am - 12pm]Afternoon [12am - 5pm]

Message*

Submit