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Landlord advice

Check a tenants right to rent

Landlords are required to check that a tenant or lodger is over 18 and can legally rent their residential property in England.

If you do not carry out the proper checks you can face strict penalties.

Check your tenants right to rent

Tenancy agreements and deposits

Tenancy Agreements

A tenancy agreement is a contract between you and your tenants. It gives certain rights to your tenants and to you as a landlord.

There are different types of tenancy. The most common form of tenancy is an assured shorthold tenancy (AST). Most new tenancies are automatically this type.

View guidance on tenancy agreements and what you should include on the Gov.uk website.

Deposits

If your tenants have provided a deposit you must protect it in a government approved tenancy deposit protection scheme within 30 days.

This applies if you rent out a property on an assured shorthold tenancy that started after 6 April 2007.

There are three approved schemes:

Rent and housing benefits

If your tenant claims Housing Benefit, then we can arrange for it to be paid directly to you.

If there is not an enforceable contract between you and your tenant, or there is a non-commercial arrangement, we cannot pay Housing Benefit.

If the Housing Benefit does not meet the rent charged, your tenant must pay the difference themselves. If your tenant cannot afford the shortfall, they can apply for a Discretionary Housing Payment.

What we can tell you about your tenants claim

All details about your tenant's Housing Benefit claim are confidential.

However, if your tenant’s Housing Benefit payments are made directly to you, then you can access certain information about their claim, without their permission.

This includes:

  • the date benefit started and ended
  • the weekly amount of benefit, how often it was paid and details of any payments made
  • the amount we are taking directly from benefit to recover an overpayment.

If you are a landlord in Brent, you can access this information through our online landlord portal.

If your tenant is in arrears by 8 weeks or more

Housing Benefit can still be paid to a landlord if a tenant falls into arrears of 8 weeks or more. The 8-week period starts from when the rent is due. Written proof of arrears will be required so it is important that you keep detailed records of your rent accounts.

If your tenant is receiving Housing Benefit and has rent arrears of 8 weeks or more, please contact us with details about the arrears.

Responsibilities of a landlord

If a tenant's Housing Benefit has been overpaid and we make the payments to you, we can ask you to pay back the money.

We will ask you to repay the overpayment by sending you an invoice or we can withhold Housing Benefit we are paying you for your other tenants. You will have the right of appeal.

As a landlord, you also have a duty to tell our housing benefits team if your tenant's circumstances change for example, if your tenant moves out or there is a change in rent. By doing this, you can help us to reduce Housing Benefits and Council Tax support overpayments. You can report a change in circumstances to us via the landlord portal.

How to rent guide

As a landlord you are responsible for providing your tenants with the how to rent guide.

This is a guide to help tenants and landlords understand their rights and responsibilities. It includes a checklist for the different stages of the renting process.

Energy efficiency and standards

Domestic private rented properties have to meet certain energy efficiency standards as part of the Domestic Minimum Energy Efficiency Standard (MEES) Regulations.

These apply to all domestic private rented properties that are:

  • let on specific types of tenancy agreement
  • legally required to have an Energy Performance Certificate (EPC)

Since 1 April 2020, landlords can no longer let or continue to let properties covered by the MEES Regulations if they have an EPC rating of F or G, unless they have a valid exemption in place.

Check if this applies to your property and what steps you may need to take on the GOV.UK website. 

Health and safety responsibilities

As a responsible landlord you have legal obligations to make sure your property is safe for your tenants.

Fire safety

You must make sure your property complies with fire safety regulations. You should identify and address any fire-related hazards. It is often best to work with a fire safety professional to do this.

Things you should be doing include:

  • making sure there are adequate escape routes
  • fitting smoke alarms on each storey, and carbon monoxide alarms where needed
  • considering self-closing doors to contain a fire and protect stairwells
  • ensuring external doors can be opened from the inside, and in Houses in Multiple Occupation (HMOs), placing notices showing exit routes

Electrical safety

You must make sure electrical systems, like sockets and light fittings, and the appliances they power, are safe.

Regulations require you to have electrical installations in your rented properties inspected and tested by a properly qualified person at least every five years.

You have to give a copy of the electrical safety report to you tenants, and to the council if requested.

Guidance on electrical safety standards.

Gas safety

As a landlord you must have an annual Gas Safety Check carried out on any gas appliances, flues and fittings in your rented properties.

You should give a copy of the gas safety check record to your tenant before they move in, or within 28 days of the check.

Find a Gas Safe registered engineer.

Repair responsibilities

By law, you have certain repair responsibilities. You will probably be responsible for most major repairs to the property you rent out, including:

  • leaking roofs and gutters
  • rotting floor boards and windows
  • rising damp
  • damp walls
  • defective electrical wiring
  • dangerous ceilings and staircases
  • faulty gas and water pipes
  • broken water heaters and boilers
  • broken lavatories, sinks and baths and shower facilities
  • repairs to communal areas of the property which are used by all tenants.

You can view guidance and advice on the Homes (Fitness for Human Habitation) Act 2018 which explains the minimum standards required to let domestic properties.

Damp, mould and condensation

Damp can cause mould on walls and furniture and cause wooden window frames and floors to rot. It can also be harmful to health and trigger issues like asthma.

Find out about your responsibilities as a Landlord and how to deal with damp, mould and condensation

Pest control

If you need pest control services we employ qualified pest control officers who can help.

For more information, take a look at our pest control advice for lettings and landlords or download this document:

Call us for a quote on 020 8937 5167.

Properties in disrepair

If a property in disrepair is reported to us, we will do a Housing Health and Safety Rating System (HHSRS) assessment, which includes gardens and paths within the boundary of the property.

An inspector will visit and identify any hazards that could lead to harm whilst the property is in use. If there are serious health and safety hazards we will look to take action.

Wherever possible, we try to work with landlords. If the landlord doesn’t agree to work with us, then we will look to take formal action.

This can include a statutory notice stating what work is needed and when it should be completed by.

If the work is not carried out we may prosecute. If found guilty, the court will normally issue a fine and/or other instructions. 

Problems with a tenant

Disputes can happen between landlords and tenants over things such as repairs, rent arrears, refunds of deposits and anti-social behaviour.

If a dispute arises it is important both parties seek advice on their legal rights and responsibilities so that they can make an informed decision on their next move.

Often mediation from a third party can help resolve the dispute.

To get further advice:

Brent Advice Matters

Brent Citizen Advice Bureau

There is also guidance and advice on the Homes (Fitness for Human Habitation) Act 2018 which explains the minimum standards required to let domestic properties. 

Ending a tenancy

If you want your tenants to leave your property, you have a legal obligation to follow the right process.

That includes giving the correct notice in a particular way, and providing certain information and warnings depending on the type of tenancy agreement and its terms. 

Penalties for illegal renting

You could face strict penalties for renting a property to someone you knew, or had ‘reasonable cause to believe’, did not have the right to rent in UK.

As a landlord you are required to check that a tenant or lodger is over 18 and can legally rent their residential property in England.

Check your tenant’s right to rent