There's 150+ legislation requirements to be aware of. Here's just 29...
The exact number of pieces of legislation that landlords in England and Wales have to abide by is difficult to determine as the laws and regulations that apply to landlords and tenants are subject to change over time.
However, it is safe to say that there are a significant number of laws and regulations that landlords need to be aware of in order to operate in compliance with the law.
These include:
The Housing Act 1988
The Housing Act 2004
The Landlord and Tenant Act 1985
There are various codes of practice, guidance documents, and other industry standards that landlords are expected to follow, as well as obligations under common law.
Overall, while the number of specific laws and regulations that landlords need to abide by can seem overwhelming, it's important to remember that most of these laws and regulations are in place to protect the health, safety, and welfare of tenants, and to ensure that rental properties are of a high standard.
Below are a few that landlords should be aware of:
The Housing Act 1988: This act sets out the rights and responsibilities of both landlords and tenants in the private rented sector, including regulations around tenancy agreements, rent increases, and eviction.
The Housing Act 2004: This act established a system of mandatory licensing for certain types of HMOs (houses in multiple occupation) and introduced new standards for rental properties.
The Deregulation Act 2015: This act introduced a number of changes to the way that landlords can serve notices on tenants, and also made changes to the requirements for protecting tenants' deposits.
The Tenant Fees Act 2019: This act bans most fees that landlords and letting agents can charge to tenants, including fees for referencing, credit checks, and inventory checks.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020: These regulations require landlords to have the electrical installations in their rental properties inspected and tested by a qualified person at least every five years.
The Gas Safety (Installation and Use) Regulations 1998: These regulations require landlords to have gas appliances in their rental properties inspected and tested by a qualified engineer at least once a year.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015: These regulations require landlords to install smoke alarms and carbon monoxide detectors in rented properties, and to test them at the start of each tenancy.
The Immigration Act 2014: This act requires landlords to check the immigration status of prospective tenants before renting a property to them. Landlords can face fines or imprisonment if they rent to someone who does not have the legal right to rent in the UK.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015: These regulations set minimum energy efficiency standards for rental properties, and require landlords to make improvements to the energy efficiency of their properties if they fall below the minimum standard.
The Consumer Protection from Unfair Trading Regulations 2008: These regulations prohibit landlords and letting agents from engaging in unfair or deceptive practices when advertising or letting rental properties.
The Right to Rent Scheme: This scheme requires landlords in England to check the immigration status of tenants to ensure that they have the legal right to rent in the UK. Failure to comply with the scheme can result in civil penalties or even imprisonment.
The COVID-19 regulations: During the COVID-19 pandemic, there have been a number of temporary changes to the laws and regulations around renting in England and Wales, including changes to eviction procedures, rent increases, and the requirements for carrying out inspections and repairs.
The Localism Act 2011: This act gives local authorities more powers to tackle problems with empty homes and to regulate the private rented sector in their local areas.
The Equality Act 2010: This act prohibits discrimination on the grounds of certain protected characteristics, including race, sex, disability, and religion or belief, in relation to housing.
The Town and Country Planning (Use Classes) Order 1987: This order sets out the different categories of land use for planning purposes, including residential use. It's important for landlords to ensure that their rental properties comply with planning regulations and any relevant use classes.
The Health and Safety at Work etc. Act 1974: This act requires landlords to ensure that rental properties are safe and free from health hazards, and to carry out regular safety checks and maintenance on gas and electrical installations and appliances.
The Noise Act 1996: This act sets out the legal framework for dealing with noise nuisance, and gives local authorities the power to investigate and take action against noisy tenants or landlords.
The Planning and Compulsory Purchase Act 2004: This act sets out the legal framework for planning and development in England and Wales, and includes provisions around the use of planning permissions and the protection of green spaces and heritage assets.
The Equality Act 2010: This act prohibits discrimination on the grounds of certain protected characteristics, including age, gender reassignment, marriage and civil partnership, pregnancy and maternity, and sexual orientation, in relation to housing.
The Landlord and Tenant (Covenants) Act 1995: This act sets out the legal requirements for covenants (promises) made by landlords and tenants in a lease, including the circumstances under which a covenant can be enforced.
The Control of Asbestos Regulations 2012: These regulations require landlords to identify and manage any asbestos-containing materials in their rental properties, and to provide information about their location and condition to tenants.
The Housing and Planning Act 2016: This act introduced a range of measures aimed at increasing the supply of new homes in England, including new powers for local authorities to tackle rogue landlords and improve standards in the private rented sector.
The Data Protection Act 2018: This act sets out the legal requirements for how landlords and letting agents can collect, store, and use personal data about tenants, including requirements around consent and data security.
The Universal Credit Regulations 2013: These regulations set out the rules for how housing benefit and other welfare payments are calculated and paid to tenants in the private rented sector.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020: These regulations require landlords to have electrical installations and appliances in rented properties inspected and tested by a qualified person at least once every five years.
The Unfair Terms in Consumer Contracts Regulations 1999: These regulations prohibit landlords from including unfair terms in rental agreements, such as terms that allow the landlord to withhold deposits or impose excessive charges.
The Tenant Fees Act 2019: This act prohibits landlords and letting agents from charging most fees to tenants, including fees for referencing, credit checks, and administration, and limits the amount that can be charged for security deposits.
The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018: This order sets out the legal requirements for licensing houses in multiple occupation (HMOs), including minimum standards for room sizes and facilities.
The Protection from Eviction Act 1977: This act prohibits landlords from evicting tenants without a court order, and provides protection for tenants against harassment and illegal eviction.
Are you a compliant landlord? Contact us today on 01202 425000 for a free compliance check.