Being a landlord can be a rewarding experience, but it comes with a significant amount of responsibility. A landlord not only has to ensure that their property is well-maintained but also must comply with a variety of laws and regulations to keep their tenants safe and their business running smoothly. If you’re a landlord or considering becoming one, it’s essential to understand the duties and obligations you have toward your tenants, the property, and the community. This blog will break down the key responsibilities that every landlord should be aware of.
1. Providing a Habitable Living Space
One of the most fundamental responsibilities of a landlord is to ensure the property is habitable. This means the rental unit must meet certain health and safety standards. A habitable living space typically includes:
• Structural Integrity: The property should be safe, with no major structural issues like crumbling walls or leaking roofs.
• Clean Water Supply: There should be a consistent supply of clean, potable water.
• Working Plumbing and Electrical Systems: Tenants should have access to working plumbing, including functioning toilets, sinks, and showers. Electrical systems must be up to code and safe to use.
• Heating and Cooling Systems: In regions with extreme temperatures, it’s essential that tenants have access to heating and cooling, especially during winter and summer months.
• Fire Safety: There must be working smoke detectors, fire extinguishers, and carbon monoxide detectors if necessary.
This obligation falls under the “implied warranty of habitability,” which means that landlords are legally required to maintain a safe and liveable environment for tenants. If a landlord neglects their property, it can lead to serious legal and financial consequences.
2. Ensuring Maintenance and Repairs
Landlords must also ensure that the property is maintained and that repairs are handled promptly. Even if a tenant causes damage to the property, the landlord is generally responsible for fixing wear and tear that happens over time. Common examples of maintenance responsibilities include:
• Maintaining common areas like hallways, stairwells, parking lots, and outdoor spaces (if applicable).
• Regularly inspecting the property for potential problems like plumbing issues, broken appliances, or safety hazards.
• Addressing tenant-reported issues in a timely manner, such as a leaky tap, a malfunctioning heater, or pest infestations.
• Landlord-tenant agreements should specify the procedures for submitting maintenance requests, and the landlord must follow up to ensure the problems are addressed quickly.
3. Handling Tenants Deposits Properly
Another important responsibility for landlords is handling tenancy deposits in a legal and transparent manner. A security deposit is typically collected at the beginning of a lease to cover potential damages or unpaid rent. Landlords must:
• Set an amount that is in line with current legislation: The amount charged for the security deposit must be in line with The Tenant Fee Ban. Typically, tenancy deposits cannot exceed five weeks rent.
• Protect the deposit in a government backed scheme and provide a certificate for the tenancy deposit, specifying the amount. Also provide supporting documentation outlining the conditions under which it will be withheld or refunded.
• Return the deposit promptly at the end of the tenancy. If any part of the deposit is withheld for damages, the landlord must provide an itemized list of the damages and the cost of repairs.
Failing to properly manage the security deposit can result in disputes with tenants and possible legal consequences. Therefore, it’s important to document the condition of the property both before and after the tenancy to avoid any misunderstandings.
4. Respecting Tenant Privacy
While a landlord has the right to inspect the rental property, they must respect their tenant’s privacy.
Typically, landlords must:
• Provide advance notice: Landlords are usually required to give at least 24 hours’ notice before entering the property, unless it’s an emergency (such as a fire or flood).
• Enter only during reasonable hours: Visits should generally take place during normal business hours unless it’s an emergency.
Additionally, landlords cannot enter the rental unit without permission just to inspect or show the property unless it’s stated in the lease agreement or there’s a compelling reason. Invasions of privacy can result in legal repercussions and harm to the landlord-tenant relationship.
5. Managing Rent and Lease Agreements
Another key responsibility of landlords is to manage rent collection and ensure that lease agreements are clear, fair, and legally binding. A well-drafted lease agreement outlines both the landlord’s and tenant’s rights and responsibilities. It should include:
• The rent amount: This should be clearly stated, including when rent is due and the payment methods available.
• Late fees and penalties: The lease should outline any late fees or penalties for overdue rent payments.
• Terms of renewal or termination: The lease should specify the fixed term dates.
If a tenant fails to pay rent on time, the landlord may take steps like sending a notice of overdue rent or even starting eviction proceedings, depending on the situation and in line with legal requirements.
6. Eviction Procedures
Eviction is the legal process by which a landlord removes a tenant from the rental property. However, landlords cannot simply change the locks or forcibly remove tenants. Eviction must be carried out through the legal process, which typically involves:
• Providing notice: A landlord is required to provide the tenant with a Section 21 notice giving them the required 2 months’ notice to vacate the property.
• Court Proceedings: If the tenant doesn’t comply with the notice, the landlord must go to court to request an eviction.
• Court judgment: Only a court can grant an eviction. Landlords who attempt to remove tenants without a legal order risk facing legal action against them.
Eviction laws are complex, and landlords must be familiar with the procedures, to avoid breaking the law and exposing themselves to legal risk.
Conclusion
Being a landlord comes with a broad range of responsibilities that ensure the safety, security, and well-being of tenants. From providing a habitable living space and maintaining the property to complying with laws and managing finances, landlords must act in good faith, abide by local laws, and maintain open communication with tenants. By taking these responsibilities seriously, landlords can foster positive relationships with tenants, protect their investment, and create a harmonious rental environment.
