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Lettings Legislation
Lettings Legislation

There are many legal aspects to letting a property.

Should you appoint a Letting Agent then they may also be responsible for some of the legal aspects regarding your property. It’s therefore important to have a clear understanding as to what you are responsible for as a Landlord, and what areas your Letting Agent will take responsibility for.

A pro-active agent should always act in your best interest and be one step ahead in terms of compliance.

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The Renters Rights Act 2025

Significant reforms to the private rented sector are on the horizon. With the Renters’ Rights Act 2025 now approved, landlords and agents will soon be required to meet new legal standards aimed at improving transparency, fairness, and property conditions across the sector.

While the Government has confirmed that changes will be introduced gradually, many of the core tenancy reforms will be in place on the 1 May 2026. 

For more information – Click Here or visit Guide to the Renters’ Rights Act – GOV.UK

Right to Rent

From the 1st February 2016 the Right to Rent Scheme was rolled out across England. This requires Landlords or their Letting Agents to check prospective Tenant’s right to reside in the UK. Additionally, further follow up checks must be made where an adult occupier’s permission to stay in the UK is time limited.

Failure to conduct the legal checks or take appropriate action can result in fines of up to £3,000. Bourne have a strict policy for checking the Tenant’s Right to Rent on behalf of our Landlords. For further guidance the following links may be helpful:

https://www.gov.uk/check-tenant-right-to-rent-docu…

http://www.arla.co.uk/info-guides/immigration-act/

Energy Assessments – EPC

All landlords in England and Wales are required by law to provide their new Tenants with an Energy Performance Certificate (EPC). A Landlord is responsible for providing a valid EPC, whether they are managing the property themselves or using an Agent.

Currently the minimum rating of an E is required for the property to be rented. If the property is not a minimum rating of an E then an exemption certificate from the government website would need to be obtained by the landlord.

PEP and Sanction Checks

From May 14, 2025, letting agents in the UK are legally obligated to conduct PEP (Politically Exposed Persons) and sanctions checks on all tenants, landlords and guarantors as part of their compliance with the financial sanctions regulations.

A PEP is an individual who holds a significant public role, or someone closely related to, or associated with such a person. Sanctions are restrictions put in place by the Government to limit the actions of certain individuals, organisations, or nations, primarily to combat financial crime and safeguard national security.

Failure to comply can lead to extensive fines or possible criminal prosecution. As part of our standard procedures, we carry out checks for both PEP status and any applicable sanctions. In the rare event that a sanction is identified, we are required to inform the Office of Financial Sanctions Implementation (OFSI), who will then guide us on the necessary steps to continue with the letting process.

Health & Safety

As a landlord, whichever type of property / properties you have, you are responsible for ensuring the property is safe for use by your tenants, visitors and other people. This involves the  prevention of health hazards which could lead to harm or illness to people. It could include repairs to the interior and exterior of the building, electrical, plumbing, heating and hot water systems. Some of the main areas of Health & Safety to consider are detailed below:

Gas Regulations

Landlords must comply with the Gas Safety (Installation and Use) Regulations 1998 and carry out all work and maintenance via a Gas Safe registered engineer. They are also legally responsible for arranging an annual gas safety check, and certificates must be provided to the Tenant and Agent and retained for at least 2 years.

Fire Regulations

Any furniture left in the property must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1993). These relate to the provision of upholstered furniture. If any furniture does not comply with the regulations and carry an appropriate label, it should be removed and/or replaced.

Smoke and Carbon Monoxide Alarm Regulations

Private sector Landlords are required as a minimum to have at least one smoke alarm installed on every storey of their property. A carbon monoxide alarm is required in any room containing a solid fuel burning appliance or near a combustion boiler. Thereafter, the Landlord is responsible for ensuring the alarms are in working order at the start of each new tenancy.

Electrical Installation Condition Report – EICR

By law, residential landlords need to commission a new EICR every five years and must reissue a valid copy to the tenants at the beginning of each new tenancy and/or when there is a change of tenants.

An EICR is issued by a qualified and registered electrical engineer, when a building’s whole electrical system, including wiring, fuse boards, plug sockets and light switches, has been inspected and confirmed as safe. No Tenancy can commence or renew until we are in receipt of a valid Electrical Installation Condition Report (EICR).

Legionnaires’ Disease

Landlords have a legal obligation to assess and control the risk of exposure to Legionella.

Legionnaires’ disease is a form of pneumonia which can potentially be fatal, especially to young children, the elderly or infirm. It is caused by the inhalation of small droplets of contaminated water which contains Legionella. Man-made hot and cold water systems could potentially provide an environment where Legionella can grow, although are likely to be low risk in most well-maintained residential properties which are kept in regular use.

While it’s not a legal requirement for a Legionella Risk Assessment certificate (unlike EICR, EPC, or gas safety), you need to ensure your property’s water is safe and in line with your legal duties to protect the health and safety of your tenants. A general risk assessment by a competent person may be suitable for a low risk property. Although professional Legionella Risk Assessments are not a legal requirement, it could be prudent to instruct a professional inspection at the start of each tenancy or while carrying out other mandatory tests.

https://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

Blinds

Landlords have a responsibility to ensure that all blinds in their rental properties are compliant with child safety regulations. This should primarily be through the use of safety devices and adherence to cord length requirements.  Further information can be found at https://www.gov.uk/government/news/check-your-blind-cords-and-keep-your-home-safe

HMOs

If you have a property which falls into the category of an HMO or House in Multiple Occupation, it will be subject to special licence requirements (the licence needs to be granted by your local authority) and will need to meet additional requirements including fire safety, means of escape, smoke alarms and fire extinguishers.

For more information please see the following links:
http://www.nidirect.gov.uk/health-and-safety-in-re…
https://www.gov.uk/private-renting/houses-in-multi…

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