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Letting your property also comes with a range of legal responsibilities. At Thomas Morris we take safety regulations and legislation very seriously in order to protect both our tenants and our landlords. Here we outline the key safety regulations and landlord responsibilities when letting out a property.
Anti-Money Laundering (AML) regulations are in place to prevent financial crime within the property sector. Estate agents are legally required to carry out checks to verify the identity of their clients and assess the legitimacy of any funds involved in a transaction.
These checks apply primarily to landlords and, where appropriate, other parties involved in the letting or sales process. Agents must obtain and retain identification and proof of address, and may also need to understand the source of funds or the intended destination where relevant.
In addition, agents are required to identify any individuals who may ultimately benefit from the transaction (known as beneficial owners) and carry out appropriate due diligence.
Failure to comply with AML regulations can result in significant penalties, so these checks are an essential part of ensuring transparency and protecting all parties involved in the letting process.
Rental properties are required to be clean when a tenant moves in. A check-in records the state of the property when the tenant moves in. Such a record minimises disagreements and delays at the end of a tenancy and helps smooth discussions around claiming for cleaning or damage. We can help arrange professional cleaning before the move-in date and an independent inventory at check-in to record the condition of the inside and outside the property.
Since the introduction of deposit protection legislation it has been essential that landlords have detailed and clear evidence of a properties condition at the start and end of a tenancy. The security deposit belongs to the Tenant at all times and it is the Landlord’s responsibility to prove tenant liability for any deductions they wish to propose.
At Thomas Morris we use independent, fully trained Inventory Companies to provide detailed reports which will assist our highly experienced Property Managers. We organise the inventory and check out reports, negotiate deposit deductions where necessary and deal with any disputes in what is often the most challenging part of tenancy.
An Electrical Installation Condition Report (EICR) is a legal requirement for all privately rented properties in England. It must be carried out at least every five years by a qualified electrician, or sooner if specified in the report. Any remedial works identified must normally be completed within 28 days.
Thomas Morris will arrange for an approved engineer to carry out the inspection report and issue the required certificate and to advise on any remedial works to ensure compliance with the new regulations. We recommend that landlords commission the report as soon as possible so that any necessary remedial works can be completed and void periods kept to a minimum.
Since 1st October 2008, under the Energy Performance of Buildings 2007 (amended 2011) all rental properties in England and Wales are required to have an Energy Performance Certificate (EPC) prior to letting. This is a European directive to help reduce the Carbon Footprint of your rental property.
These reports and graphs enable tenants to see at a glance how your property is assessed against other properties, and advises how some simple remedies (such as the use of low energy lighting, loft insulation, cavity wall insulation) can have a huge impact on the environment and also on the tenant’s energy bills! EPCs are valid for 10 years.
From 2018 Landlords must ensure their privately rented properties meet a minimum energy efficiency standard (confirmed at EPC rating ‘E’ or above). For more information on energy grants or ways to improve your home’s energy efficiency please visit www.gov.uk/energy-grants-calculator
It is incredibly important for landlords to follow fire safety requirements and must be able to provide evidence that you have done everything that can reasonably be expected to protect your property and tenant from fire and smoke damage. You should be confident that if a fire does occur, your tenants will be alerted in time for them to escape.
A smoke alarm must be installed on every storey of the property. Carbon monoxide alarms must be installed in any room containing a fixed combustion appliance, such as a gas boiler or solid fuel appliance. If you are letting your property furnished, you must make sure all furniture meets the safety requirements.
All furniture and equipment provided by you must be manufactured from fire resistant materials or treated with fire retardant coatings from the manufacturer and have a fire safety label attached. All upholstered items must have fire resistant filling material. Landlords are not responsible for tenant-owned furniture and appliances.
Landlords who do not comply are breaking the law and could face up to six months in prison and hefty fines. Houses in multiple occupation have additional fire safety requirements including fire-resistant doors, fire extinguishers and fire-blankets. Thomas Morris can provide advice on the specific requirements for your property.
It is now law for there to be smoke alarms present on each floor and a CO alarm for any room with a fuel burning appliance (excluding gas cookers).
A push button test will be carried out by Thomas Morris as standard practice on the day your tenancy commences however this can only determine there is power and an audible alarm. For added reassurance the additional test with this Safety Assessment goes a step further deploying real smoke and gas testing on your alarms.
To ensure your tenants safety, all gas appliances and flues need to undergo an annual gas safety check – always by a Gas Safe registered engineer. Once this is done a Landlord Gas Safety Record Certificate will be issued.
Thomas Morris will arrange for an approved Gas Safe contractor to attend and issue certification as above in line with the Gas Safety (Installation and Use) Regulations 1998.
A rented property is considered a House in Multiple Occupation if a property is occupied by three or more people, forming two or more households, who also share facilities such as the kitchen or bathroom, regardless of the number of storeys the property has. As well as all the normal legal responsibilities, HMO landlords must ensure that their property complies with a range of additional rules. You can read about these in more detail in our HMO guide.
HMO licences were introduced as part of the Housing Act 2004 to protect people living in shared houses, which were often overcrowded with poor fire safety measures in place. If you want to rent out your property as an HMO in England or Wales you must contact your council to check if you need a licence. These are mandatory for ‘large’ HMOs (5 or more people sharing), but it’s worth checking with your local council even if your property is smaller and rented to fewer people, as you may still need a licence, depending on the rules in your area. A licence is valid for a maximum of 5 years.
A trained property inspector will recognise and report on potential safety hazards they observe that may pose a risk to anybody staying or visiting including tenants, contractors and members of the public.
The Homes (Fitness for Human Habitation) Act became law on 20th March 2019. The Act uses the 29 hazards listed in the Housing, Health & Safety Rating System to help define the categories.
Once the report has been completed certification will be issued with any concerns outlined -notifying you of the legislation.
Landlords and their agents must provide tenants with the official Renters’ Rights Act Information Sheet 2026 at the start of the tenancy. This is a legal requirement and must be given in the correct format. It is available via gov.uk or for further information you can speak to your local Thomas Morris branch.
All landlords could be liable to pay tax on their rental income, whether they live in the UK or are based overseas. Further information can be found on the HM Revenue & Customs (HMRC)’s website.
There are specific tax rules for overseas landlords - find out more in our useful guide.
Legionnaires’ disease is a pneumonia like infection caused by Legionella bacteria, commonly through the inhalation of small droplets of contaminated water. Landlords must assess and control the risk of exposure of tenants to Legionella.
PAT inspections ensure all portable electrical appliances in your property are tested and approved as safe to use. A PAT certificate documents the safety testing of portable electrical appliances – basically anything that has an electrical plug and can be moved, such as a fridge, freezer, washing machine, toaster etc. Anything rated as unsafe should be replaced or removed from the property. For landlords, it is good practice to have smaller appliances tested every two years and larger items like fridges and washing machines every four years.
Whilst PAT testing is not an official legal requirement for landlords in England and Wales (except for in HMOs), it is considered best practice - the government states that landlords must make sure “the electrical system is safe” and “all appliances they supply are safe”. By ensuring all electrical appliances are fit for use, you are upholding your duty of care to your tenant. Thomas Morris can arrange for PAT certification of appliances in your property.
Any problems with the exterior and structure of a property – including roof, chimneys, walls, guttering and drains - are the responsibility of the landlord. So whether it’s a cracked window, a faulty boiler, leak in the kitchen or a leaky seal in the window, it’s down to the landlord to sort it. Landlords are also responsible for keeping the supply of water, gas and electricity in safe working order. Thomas Morris's Fully Managed package takes care of all maintenance issues, so you don’t have to worry about them.
The Right to Rent scheme helps to make sure that people renting property in the UK have a legal right to be here. Since 2016, landlords must check that all adult occupants (aged 18 and over) have the legal right to rent in the UK before the tenancy begins. If you let your property to a tenant who does not have the right to rent the penalties can be severe, including unlimited fines and up to 5 years in prison. Right to Rent checks make up part of Thomas Morris’s referencing process.
Tenants provide a security deposit to give the landlord some assurance that the property will be looked after during the tenancy. It provides protection for the cost of repairs or cleaning if any damage is caused.
Landlords and letting agents are legally required to protect a tenant’s deposit in a government-approved Tenancy Deposit Scheme within 30 days of receiving it and provide the tenant with prescribed information about the scheme within the same timeframe. This protects the tenant’s money, which must be returned in full at the end of the tenancy unless there is unpaid rent or a dispute about damage to the property.
Our Rest Assured(Fully Managed) and Helping Hand (Rent Collection) services levels take care of all aspects of protecting the security deposit, including providing your tenant with all the details of the scheme.
