Landlord duties and responsibilities

As a landlord with one or multiple properties, understanding your landlord duties and responsibilities is crucial. Protecting your investment involves knowing your obligations, especially in the event that you encounter property damage of some description. It comes as no surprise that the legislative landscape for landlords has transformed dramatically as a result of the full implementation of the Renters’ Rights Act and the Decent Homes Standard for private rentals. (Gov.UK)

To ensure a safe and habitable environment for your tenants, diligent property maintenance is essential. By fulfilling your landlord obligations, you not only safeguard your assets but also uphold your legal and ethical responsibilities to your tenants. Having a good understanding of your landlord duties and responsibilities is a statutory requirement. 

What are your duties and responsibilities as a landlord?

While specific landlord obligations can vary based on the tenancy agreement, general landlord duties and responsibilities include maintaining anything that was already on the property before your tenants moved in. This usually includes the structure and exterior of the property, any furnishings, appliances, and fittings you supplied, basins, sinks, baths, pipes, and drains, heating and hot water, electrical wiring, and the chimney if you have one.

The Decent Homes Standard

The Decent Homes Standard will highlight your main obligations for maintenance, and as of 2026, this means that you are legally responsible for meeting the Decent Homes Standard, which is similar to the social housing sector. (Gov.UK)

As a landlord, you are strictly responsible for maintaining the following:

• Structure and exterior: The roof, walls, floor slabs, windows, external doors, gutters, and drains.
• Core installations: Water tanks, boilers, radiators, gas piping, and electrical wiring.
• Sanitation facilities: Basins, sinks, baths, and toilets (including associated pipework).
• Fixtures and furnishings: Any appliances, furniture, or fittings provided by you at the start of the tenancy must be kept in safe, working order.

What about gardens?

Your tenants are typically expected to implement the day-to-day maintenance of the garden, including mowing lawns and clearing surface weeds. You, as the landlord, will be responsible for structural garden maintenance, including repairing boundary fencing, maintaining large trees, and ensuring safe access pathways. 

Safety

Prioritising safety is crucial. Landlords must ensure smoke, carbon monoxide, and heat detectors are operational, escape routes are clear, and fire safety equipment is in good condition. It’s a good idea to have a maintenance schedule for each property that you can refer to in order to determine which checks need to be carried out and when. Gas safety checks need to be conducted annually, and electrical installation checks every 5 years. Any issues around dampness, heat, and safety must be repaired as soon as possible, as these can cause potential risks. 

Awaab’s Law

With the implementation of Awaab’s Law in the private rented sector, you are bound by strict regulations and statutory timelines to investigate and fix damp and mould. If your tenant reports damp or mould, you’ll need to make sure you do the following: 

1. Investigate: Carry out an assessment within 14 days of the initial complaint to identify the root cause of the damp or mould. 

2. Report: Provide the tenant with a written report of the findings and a clear action plan within 14 days of the assessment.

3. Remedy: Ensure you begin emergency repairs within 24 hours if the hazard poses a significant risk to health, or complete standard remediation work within 28 days. (Gov.UK)

Evictions, Section 21 Abolition, and Communication

Following the abolition of the ‘no-fault’ eviction (Section 21), you are no longer able to evict a tenant without having the correct statutory grounds to do so.

All evictions will now need to go through an updated Section 8 process that requires evidence-backed grounds, for example, serious rent arrears. It is important that you keep digital records of all your evidence if you wish to go down this route. (Gov.UK)

Best Practices for Digital Communication

Digital communication is becoming more and more the norm within the rental sector, and it is important that you make sure you implement the following best practices: 

• Follow up in writing: Always make sure you have all discussions in writing as confirmation of previous conversations. 

• Utilise read receipts: Keep a record of when notices and reports were successfully delivered and opened.

• The Digital Property Portal: Ensure your property profile, including valid EICR and Gas Safety dates, is kept fully updated on the government’s mandatory portal. If you don’t register or update the portal, your ability to issue valid notices will be limited. 

Effective communication with tenants and timely responses to complaints are key to maintaining a positive landlord-tenant relationship.

It’s essential to understand your landlord duties and responsibilities to ensure tenant safety. While landlords must carry out necessary repairs, they are typically not obligated to make property improvements such as installing double glazing. Exceptions include reasonable adjustments for disabled tenants, which fall under landlord obligations for accessibility.

These responsibilities may be different if you are the leaseholder of a flat, as it may instead fall to the freeholder to conduct the repairs. In all cases, be sure that the tenancy agreement lists who is responsible for what so that there is no confusion between you and your tenants.

What is the tenant responsible for?

If a repair is needed because of a tenant’s own actions, or even those of their friends and family, and it goes beyond ‘fair wear and tear’, the responsibility then falls to them and is not included in the landlord duties and responsibilities. Routine maintenance, like replacing light bulbs and clearing drains, is typically the tenant’s responsibility. However, larger issues stemming from these, such as leaks, should be reported promptly to the landlord.

In the rare case that a tenant ends up damaging another tenant’s flat, for example, if water leaks from one flat into another from an overflowing bath, then it is the tenant’s responsibility to pay for the repairs, as it was a direct result of their own actions.

While landlord duties are extensive, tenants also have legal responsibilities under the concept of acting in a “tenant-like manner.” Landlords are not responsible for fixing damage that goes beyond ordinary “fair wear and tear.”

Essentially, tenants are responsible for the following: 

• Report issues promptly: they will need to let you know of any damages as soon as possible. Delays in informing you will cause unnecessary bigger damages that could have been avoided. The responsibility will then fall on them for repairs. 
• Basic day-to-day maintenance: Tenants will be responsible for simple maintenance, like changing lightbulbs, unblocking domestic sinks/toilets caused by misuse, and keeping the property reasonably ventilated to prevent surface condensation.
• Third-party damage: Your tenant will be responsible for malicious damage or damage caused by pets. 

Landlord obligations and reasonable time frames

Promptly addressing tenant concerns is crucial for maintaining a positive landlord-tenant relationship. As part of landlord duties and responsibilities, a landlord should carry out repairs within reasonable timeframes, and delays can escalate issues and potentially lead to legal disputes. 

In signing their tenancy agreement, your tenant is agreeing to pay rent when it is due. If they are unhappy with the state of the property, they need to go down the appropriate legal route.

Open communication and a timely response to repair requests can prevent misunderstandings and disputes.

Landlord duties and responsibilities: communication is key

Effective communication is paramount to fulfilling landlord duties and responsibilities. Ever since the laws around retaliatory evictions in England were introduced, it has become much more difficult for landlords to evict tenants in response to requests for repairs. This makes it all the more important to respond to your tenants’ complaints. Communicate with them as best you can.

Always be slightly cautious. Keep all correspondence between you and your tenant confidential, should you ever need to take legal action. It’s important to have evidence to prove that you have been diligent. As well as having taken reasonable steps to keep your tenants safe. If you have a conversation with them in person or over the phone, follow up with an email. Request a ‘read receipt’ for proof.

By going above and beyond your landlord duties and responsibilities, you can foster positive tenant relationships and reduce the likelihood of issues. Safe tenants and a property in good condition mean fewer overall repairs, and your rent is paid on time!

While you’re looking to keep your rental property maintained, have you considered landlord insurance? This can cover you in the event of fire, theft, loss of rent, and more. So take out a policy if you haven’t already! At CIA Landlords, we compare landlord insurance to get you the best deal. Get a quote with us today.