Advice for private landlords

By law, any property you let as a private landlord must meet certain standards. You should make sure you understand your rights and responsibilities as a landlord.

Read the advice and information available covering:

• being a landlord and renting out a room (opens new window) (GOV.UK)
• guidance and addressing the health risks of damp and mound in the home (GOV.UK)
• information on the National Residential Landlords Association (NRLA) (opens new window)

You may also find the information offered by the Eastern Landlords Association (opens new window) useful (please note Great Yarmouth Borough Council has no connection with the Eastern Landlords Association and therefore takes no responsibility for any of its website content).

We also have pages covering:

• Houses in Multiple Occupation (HMOs) 
• Safety, standards and security for private rented housing

On 1 February 2016, as part of the Immigration Act 2014, the government made it a requirement for landlords to check the right to rent of prospective tenants.

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

The  Immigration Act 2014 (opens new window) 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 their 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

To find out how to do the checks, refer to the Immigration Right to Rent Check (opens new window) information on GOV.UK for further details.

Section 21 notice

You can issue a Section 21 notice of the Housing Act 1988 (opens new window):

• after a fixed term tenancy ends, if there is a written contract
• during a tenancy with no fixed end date, known as a periodic tenancy

In order for a Section 21 notice to be valid, a landlord needs to provide documentation to the tenant before the tenancy is commenced. The required documentation is:

• an Electric Performance Certificate (EPC) valid for 10 years
• a valid Gas Safety Certificate; this inspection needs to be done on a yearly basis with a copy issued to the tenant
• the current version of the How to rent: the checklist for renting in England (on GOV.UK) (opens new window)

The tenant should hold a copy of these. The documents can be given to the tenant at any point during the tenancy (if the landlord did not provide them at the start), however the Section 21 notice would be valid from the date the tenant receives the correct documentation.

For a Section 21 to be valid you need to provide two months' written notice by the appropriate method, i.e. written notice. The notice can only be issued after the fourth month of the assured shorthold tenancy. Any deposit not protected in a government-approved scheme, must be returned before serving the notice.

Section 8 notice

You can issue a Section 8 notice of the Housing Act 1988 (opens new window).

This allows you to seek possession using grounds 2, 8, 10 to 15, or 17 as listed in Schedule 2 of the Housing Act (opens new window). This can be issued at any stage of the tenancy, however if you are seeking possession during the fixed term, you can only use Section 8 if the grounds under which you are seeking possession are mentioned in the original tenancy agreement.

Further information can be found on GOV.UK: Evicting Tenants - Section 21 and Section 8.

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, including our ECO Flexible Eligibility Statement of Intent, can be found on the Warm Homes Fund page.

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.

A tenancy agreement is a legal document that both you and the tenant signs, this outlines the terms and conditions of the tenancy agreement.

A tenancy can either be:

• fixed term - running for a set period of time
• periodic - rolling tenancy

A tenancy agreement should include:

• names of all people responsible for the property
• how much the rent is and how often this is to be paid
• the deposit amount and how it is protected
• the property address
• the start date of the tenancy and when this finishes
• any tenant or landlord obligations

You will need to provide an up-to-date gas safety certificate, energy performance certificate (EPC) and the How to Rent Checklist (opens new window). These are essential documents that need to be provided. Failure to do this will result in any Section 21 notice being invalid.

Please read the Evicting Tenants - Section 21 and Section 8 (opens new window) information on GOV.UK.

After a Section 21 notice has expired, the landlord has to present to court to gain possession. As a landlord, you cannot change the locks of the property or move the tenant out if they still remain in the property after this date. This would be classed as an illegal eviction.

If the tenant moved into the property before October 2015, you can apply for possession of the property via the court at any time from the expiry of the Section 21 notice.

However, if the tenancy commenced after October 2015, the application for possession must be made within six months of the expiration of the Section 21 notice otherwise another Section 21 has to be issued.

Introduction to this guide

This is a guidance document and not all parts may be compulsory or relevant to your own property and you are free to take other action. However, following this guidance will normally be enough to comply with the conditions. Council officers may refer to this guidance when seeking to secure compliance with the law.

Great Yarmouth Borough operates a standard collection to residents of the borough. The standard collection is a fortnightly collection:

• Week 1 - A general waste collection (Black bin)
• Week 2 - A recycling collection (Green bin)

The councils preferred method of collection is through a wheelie bin collection, however the council can dictate the method and frequency of a collection depending on each property's individual circumstances.

If you are unsure on when your properties scheduled collection is due to take place or whether it is the refuse or recycling collection, you can visit the Great Yarmouth Borough Council website's Find my waste collection days service.

It is essential that new tenants are provided with this information to ensure that they understand how the local authorities refuse system operates and when their allocated bins are due to be collected.

Am I entitled to a domestic collection?

This would be determined on what council tax rates are paid at the property. For example, if your property contains 5 flats and each flat is individually rated, each property would be entitled to their own individual set of bins (1x 240L black and 1x 240L green). However, if only one council tax payment is made on a property, only one set of bins would be provided with additional being provided based on the number of tenants rather than units. Alternative arrangements for waste disposal would need to be made for any excess waste. Arrangements for this can be made it through the Councils operational partner, Great Yarmouth Services, who can offer additional collections or via other licensed contractors.

Landlords of houses in multiple occupation have a legal responsibility to ensure that sufficient bins are provided and to make necessary arrangements for the disposal of refuse and litter, having regard to the local authority's service (The Management of Houses in Multiple Occupation (England) Regulations 2006). Similar requirements are also usually included in license conditions where the property falls within a licensing scheme.

As houses in multiple occupation usually require more bins than the basic entitlement these will need to be provided and paid for by the landlord.

Waste Provision (waste receptacles)

There are different methods of collection around the borough, but the most common forms of collection are:

• Wheelie bin collection (black and green alternate weekly collections)
• Communal bin collection (black and green alternate weekly collections)
• Bag collection (Properties on bag collections are currently being moved to alternate weekly refuse/recycling collections)

Whilst most properties around the borough are on a wheelie bin collection, some areas are unable to store bins on their property and must instead be provided with a different method of collection. Communal bins are commonly used when there are multiple properties which either don't have adequate storage or are in a location which the refuse vehicle cannot access. Unfortunately, there are also some properties on a bag collection where other options are not viable.

Who is responsible for the repairs of the communal bins at my property?

Where communal bins are supplied for the use by individual buildings such as blocks of flats, HMOs, Housing Associations or Council Housing the owner, manager or housing provider will be liable for the costs associated with the purchase and supply of the bins and any subsequent replacement or repairs.

The bin will become the property of the purchaser

Wherever possible we do require properties to have both refuse and recycling facilities. Please be aware that if your property only has black bins, it will receive a fortnightly collection.

If your property cannot cope with a fortnightly collection, there is an option to have the bin(s) emptied more frequently. Great Yarmouth Services can provide one-off empties when required or alternatively they can schedule a continuous weekly collection. For more information on these services, please contact Great Yarmouth Services directly on 01493 801745. There are other third-party companies who may also be able to provide these services.

I have a large family residing at my property and they are struggling to dispose of their waste. What do I do?

If there is a large family residing at your property, they may be entitled to extra bins. The council's current policy states that if there is 5 people staying at an address (including a child in nappies) or 6 or more people, they are entitled to an extra set of bins. They may also be entitled to an extra bin if you require it for medical purposes (incontinence, wound dressings etc). There is an administration charge to obtain the additional bins. To request additional bins, you can fill in an entitlement form on the Great Yarmouth Borough Council website. 

How many bins do I need at my property?

The Council will supply as standard 240L recycling and 240L residual waste capacity per ratable household. In the case of flats and HMOs where communal bins are used the same formula will be used to work out the appropriate number of bins. So, for example where a property consists of 5 individually ratable units it would be entitled to 1,200L of recycling and 1,200 residual capacity collected on an alternate weekly basis. The figure will be rounded up or down to the nearest appropriately sized bins. Where a property with a high density of residents is rated as single unit then it would only be entitled to the standard service albeit it could apply for additional capacity via the large household application.

Using our refuse service

If your property is entitled to a council collection, landlords should inform their tenants on how to use the service. You can contact the Environmental Services team directly and the information can be sent to you.

Our domestic general waste bins can contain most household waste, however there are a few things that we cannot accept. This includes but is not limited to electrical items, DIY waste and garden waste.

Please be aware that Great Yarmouth Borough Council does not accept any side waste/extra bags on a general collection and any waste not contained within the wheelie bins will not be collected and may be pursued as a fly tipping incident if left out on public land. If bins belonging to your property are too heavy to be safely loaded onto the collection truck it will not be emptied.

We accept a wide range of recyclable waste in our recycling bins. Please see a brief list of some of the items:

• paper and card
• plastic bottles
• steel and aluminium food and drink cans
• aerosols
• glass bottles and jars including lids
• plastic pots, tubs and trays (including yogurt pots, margarine tubs, plastic meat and vegetable trays)
• Tetra Pak® containers (like the ones containing juices and soups)
• envelopes (including window envelopes)
• kitchen foil and foil trays (like the ones containing takeaways and ready meals)

We can provide informational leaflets on what items can be recycled or alternatively you can visit the Norfolk recycles website.

If your bin has not been collected, it is most commonly because the bin is contaminated with incorrect material, or it has not been presented on time.

To determine why the bin has not been emptied, you will need to either contact the Council on 01493 801750 or visit the Great Yarmouth Borough council website and fill in a Report a missed bin collection form. Crews do collect bins till late afternoon so missed bins should not be reported until the following day. If there isn't a valid reason as to why your bin hasn't been collected, they will schedule another collection. However, if the bin has been refused collection, they will be able to provide you further information.

My tenant is elderly/disabled and cannot place the bins out for collection. Are the Council able to help?

The Council's assisted collection service is available to residents with a disability or mobility problem where no one else in the household can take the containers to the normal collection point. 

Those persons who receive an assisted collection the crews will collect the containers from an agreed collection point, empty the containers and in the case of wheeled bins return them back to the agreed collection point. Residents who wish to request an assisted collection must fully fill out an application available online on the Councils website or by contacting the Council. Applications not fully completed will not be considered. Where other persons capable of putting the containers out live at the property, the application will be declined. Other than disability or mobility reasons applications will also be declined where a person has other reasons for not being able to place a bin out for collection, for example they are on holiday or at work.

Who is responsible for getting the bins emptied if they have been refused due to contamination?

We appreciate that it may be challenging to try and identify who at your property caused the bin to be refused, especially in the case of communal bins. As the landlord of the property, you must address the issue directly with your tenants. It should be noted collection of contaminated bins will not resume until the contaminated material has been removed. If you require the bin(s) at your property to be emptied, Great Yarmouth Services can conduct a one-off empty for a fee.

Bulky items (larger items of waste)

Not all items of waste can be disposed of via our wheelie bin collection service and other arrangements would need to be made for these items. A tenant may take their waste to the nearest recycling centre (Pump Lane, Caister) and dispose of most household items free of charge. Alternatively Great Yarmouth Borough Council operates a bulky item collection service (paid collection) and will collect the waste from the property. There are also businesses in the borough who can collect waste however, the tenant would need to make sure that the person collecting the waste is licensed to do so.

If the item(s) are in good condition, there is also the option of donating them to charity to avoid unnecessary disposal. If waste has been deposited on your property and you have no information as to who is responsible, unfortunately the responsibility for removal would be with the landlord.

Please refer to our Bulky item collection booking form for further information. 

End of Tenancy

If you have been notified that a tenant intends on vacating the property, it is best practice to offer advice on how the tenant can dispose of any unwanted items/rubbish from the property. In many cases, some tenants would normally fill the bins at the property with unwanted waste which consequently limits the space for other residents.

If you believe your tenant has dumped (fly tipped) waste, you need to report this to the Environmental Services team who will be able to investigate the incident further, alternatively you can report it on the Love Clean Streets app.

If you have evidence to support an allegation, we will need the evidence to be submitted with a formal witness statement. Please be aware that if you supply a formal witness statement and the case escalates to court, you may be asked to attend.

Guidance for developers, architects and building managers

If you are either building, renovating or making significant changes to a property in the Borough, you must ensure that bin storage is factored into the equation. Please refer to the Bin storage and collection - guidance to developers section for further information.