Advice for private landlords

Private renting has changed

The Renters' Rights Act has brought in new rights and responsibilities for tenants, landlords, and letting agents living and working in the private rented sector (PRS) in England. 

As a landlord, you play an important role in delivering these reforms and need to understand what these changes mean for you and your business. That way, you can be confident that you're complying with the law and providing your tenants with a safe, affordable, and decent home

Rights of the landlord

Your basic rights include:

• charging a market rent
• agreeing the terms of the tenancy
• receiving rent when it is due
• being advised of necessary repairs
• being given proper notice to quit by the tenant

More information can be found on the following:

• the National Residential Landlords Association (NRLA) website (opens new window)
• the Being a landlord and renting out a room information on GOV.UK (opens new window)

Responsibilities of the landlord

As a landlord you must:

• protect any tenancy deposits in a Deposit protection scheme
• repair and maintain gas pipe work, flues and appliances
• ensure an annual gas safety check on each appliance is carried out and keep a record of the checks
• ensure furniture meets fire safety standards (opens new window)
• give adequate notice if you need to visit the property
• ensure repairs to the exterior or structure of the property (for example, roof, drains, chimneys) are carried out
• ensure the equipment for supplying water, gas and electricity is in safe working order
• carry out annual gas safety checks, a requirement under the Gas Safety Regulations 1998
• have a valid Electrical Installation Condition Report (EICR) that must be renewed every five years or at the change of tenancy, whichever comes first; this has been a requirement for all tenancies in England since 1 April 2021

Smoke alarm and carbon monoxide regulations

It is a legal requirement for all private sector landlords to install a smoke alarm on every storey of their rented dwellings, and to ensure these alarms are checked between tenancies. Landlords with solid fuel appliances must now also install a carbon monoxide detector. Failure to comply with the requirements of the regulations may result in a fixed penalty charge of £5,000.

From 1 October 2022, if a landlord is notified by a tenant of a defective smoke or carbon monoxide alarm, the amended regulation requires landlords to investigate and repair or replace the item as soon as reasonably possible.

To assist landlords and managing agents in compliance, the government issued the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants (opens new window). These should be read in conjunction with the Council's own guidance on Fire precautions in dwellings.

What checks do I need to carry out before accepting a tenant?

The Immigration Act 2014 requires landlords to check the immigration status of all new tenants before the property is let to them. 

You must check all new tenants. It is against the law to only check people you think are not British Citizens.

You are required to do follow-up checks if there is a time limit on your tenant's permission to stay in the UK.

You could be sent to prison for 5 years or get a fine for renting property in England to someone who you knew or had 'reasonable cause to believe' did not have the right to rent in the UK.

This includes if you had any reason to believe that:

• they did not have leave (permission) to enter or stay in the UK
• their leave had expired
• their papers were incorrect or false

You can also be fined if both of the following apply:

• you rent your property to someone who is not allowed to stay in the UK
• you cannot show that you checked their right to rent

Funding available to help with heating upgrades

Within the Norfolk area, funding is available to help with heating upgrades. If you have a tenant who is on a low income and/or is vulnerable to the cold, we may be able to help. In most instances, a minimum 25% contribution is expected from the landlord. Further information on keeping warm at home including;

• reducing the amount of energy used in your home
• switching energy supplier

• better understanding on heating bills

• reducing heat loss at home

• the Energy Company Obligation (ECO) scheme