As the property market evolves, it is essential for both landlords and tenants in the UK to be aware of their respective responsibilities and obligations. The recent discussions surrounding the long-awaited introduction of the Renter’s Reform Act to Parliament that looks to introduce significant changes which will affect both parties involved in rental agreements. It outlines plans to abolish section 21 and for periodic tenancies to become standard.The bill was first proposed in April 2019 when then-Prime Minister Theresa May promised to scrap no-fault evictions; this will empower renters to challenge poor landlords without fear of losing their home.
In this blog, we will explore the key differences in responsibilities, between tenants and landlords, that will come into place if the Renter’s Reform Act of 2023 is passed. It will identify what UK landlords and tenants are accountable for, shedding light on important legislation, facts, and statistics to help educate anyone who is entering or already experienced in the UK’s rental property industry.
Under the proposed Renter’s Reform Act of 2023, which is still under revision and awaiting a Second Reading , landlords are now legally obliged to provide homes that meet The Decent Homes Standard. This legislation sets out a minimum level of quality that rental properties must adhere to.
Provided that this bill is passed, landlords will be accountable for ensuring that their properties are safe and adequately heated. Specific guidelines and regulations outlining these standards and amendments are expected to be released later this year. Key sources to keep an eye on for updates include:
- The Letting Partnership Renters (Reform) Bill: Transforming the Private Rented Sector (thelettingpartnership.co.uk)
To maintain the safety of rented accommodation, currently, landlords are responsible for several key aspects, including gas, electrics, water, sockets, light fittings, and appliances if provided. Compliance with gas safety regulations is a crucial topic too. Landlords must ensure that all gas equipment is safely installed and maintained by a Gas Safe registered engineer, with an annual gas safety check conducted on each appliance and flue. The Gas Safety (Installation and Use) Regulations 1998 clearly outlines the requirements landlords must fulfill to ensure gas appliances, fittings, and flues are safe.
Additionally, landlords must install carbon monoxide alarms in living accommodation areas that contain fuel appliances. Since October 1st, 2022, landlords are also responsible for installing carbon monoxide alarms in rooms with fixed combustion appliances. While landlords should repair or replace faulty alarms, tenants must promptly inform them of any issues.
Furthermore, landlords must keep the property in good repair throughout the tenancy, as stated in the Landlord and Tenant Act. They must have access to the property for inspections and repairs, providing tenants with at least 24 hours’ notice, unless in an emergency.
Landlords are also responsible for preventing and addressing pest infestations, such as mice, rats, wasps, and hornets. Tenants should inform their landlords promptly of any infestations, while homeowners can contact their local council or a pest control company. It is worth noting that pest control may be covered by Landlord Emergency Cover, with some exclusions.
Maintenance of the property’s structure, including the exterior, is the landlord’s responsibility. However, the repair costs for cosmetic damages may not be covered by the landlord.
While landlords bear the responsibility for meeting the legal requirements and ensuring a safe living environment, tenants also have obligations to fulfill. Tenants must maintain the cleanliness and general upkeep of the property in accordance with reasonable standards laid out in the contract. This includes keeping the rental unit clean and well-maintained.
Basic garden maintenance, such as weeding and mowing the lawn (where applicable), is typically the responsibility of the tenant unless stated otherwise in the tenancy agreement. It is crucial for tenants to review their agreement to understand their specific responsibilities.
Understanding the responsibilities of both landlords and tenants in the UK rental property market is vital for a stress free and compliant rental experience. The Renter’s Reform Act of 2023 will significantly increase the landlord’s accountability for providing safe and adequately heated homes that meet The Decent Homes Standard. While landlords are responsible for crucial aspects such as gas, electrics, water, and property maintenance, tenants must also uphold their end of the agreement by maintaining cleanliness and general upkeep.
It is important to remember that every situation, property, and tenancy agreement is unique. Therefore, it is essential to thoroughly read and understand any contract before signing it, ensuring that all parties involved are fully aware of their responsibilities and obligations. By staying informed and complying with the relevant legislation, both landlords and tenants can establish a successful and secure rental property arrangement.