Landlord and Tenant Acts cover the rights and responsibilities of landlords and tenants of leasehold estates in the United Kingdom. They include the laws that control renting property, covering things like disclosing a landlord's identity, providing rent books, ensuring liveable conditions, repairs, service charges, lease renewals, and agreements.
In this article, we'll give you a brief overview of the main acts that apply in the UK and Wales, such as:
- The Landlord and Tenant Act 1954
- The Landlord and Tenant Act 1985
- The Landlord and Tenant Act 1987
- The Landlord and Tenant Covenants Act 1995
- The Homes (Fitness for Human Habitation) Act 2018
You'll learn how these acts affect landlords and tenants in practice and some tips and advice on how to comply with them and protect your rights and interests. Whether you are looking for a new property to rent or lease, or you already have an existing tenancy agreement, keep reading!
Why were the Landlord and Tenant Acts first introduced?
The first-ever Landlord and Tenant Act in the United Kingdom was the Landlord and Tenant Act 1709. This legislation primarily dealt with issues related to agricultural tenancies, including the terms of leases, rent payments, and the rights of both landlords and tenants in rural areas.
Subsequent acts have expanded and modified the legal framework for landlord and tenant relationships.
How have the Landlord and Tenant acts evolved over the years?
Landlord and Tenant Acts have evolved significantly over the years to reflect changes in societal norms, economic conditions, and legal principles. Some key ways in which these acts have evolved include:
Expansion of coverage
Over the years, the scope of landlord and tenant legislation has expanded to cover various types of tenancies beyond just agricultural leases. This includes residential leases, commercial leases, and industrial leases.
Modernisation of provisions
As societal norms and living standards have changed, landlord and tenant laws have been updated to reflect modern expectations regarding housing quality, tenant rights, and landlord responsibilities. For example, provisions related to fitness for human habitation, tenant privacy, and property maintenance have been strengthened.
Introduction of tenant protections
There has been a trend towards providing greater protections for tenants, including measures to prevent unfair evictions, regulate rent increases, and ensure access to decent housing.
Legal remedies and dispute resolution
Landlord and tenant legislation have evolved to provide clearer legal remedies for breaches of tenancy agreements and mechanisms for resolving disputes between landlords and tenants. This includes procedures for handling rent arrears, property damage, and other conflicts.
What are the main points of the Landlord and Tenant Act 1985?
The Landlord and Tenant Act 1985 is a law that brings together various rules about landlords and tenants that used to be scattered across different laws. It includes parts of the Housing Acts and the Landlord and Tenant Act of 1962, with some changes suggested by the Law Commission.
Disclosure of the landlord's identity
If a tenant living in a property wants to know who their landlord is, they can ask the person they pay rent to or the landlord's agent. The landlord or agent must give this information in writing within 21 days of the request. Not doing so is against the law.
If the landlord is a company, the tenant can also ask for the names and addresses of all company directors and the secretary. The landlord must provide this information within 21 days as well.
When a landlord transfers their rights to someone else, the new landlord must tell the tenant in writing within a specific time, usually within two months of the transfer.
Furthermore, if the tenant has the right to buy the property they're renting under certain conditions, the new landlord must tell them about this right in writing. Not doing so is also against.
Provision of rent books
If a tenant pays rent weekly for their home, the landlord must give them a rent book or similar document with the landlord's name and address. However, if the rent includes payments for meals, a rent book isn't necessary.
The rent book should also include details about the rental agreement, like the rent amount and other terms. If the landlord is a company and the tenant asks, they must also provide details about the company's directors and secretary.
Not providing this information is against the law and could result in fines for the landlord or anyone collecting rent if they knew about the missing information.
Implied terms as to fitness for human habitation
Certain conditions are automatically included in rental contracts in Wales. It covers:
- House Condition: The landlord must provide a house that's suitable for living in when the tenancy starts;
- Maintenance: The landlord must keep the house in a livable condition throughout the tenancy;
- Rent Limits: These rules apply if the rent doesn't go over certain limits, depending on when and where the contract is made.
These conditions cover not just the main house but also related areas like the yard and garden, ensuring tenants have decent living conditions and landlords keep their properties in good shape.
This section doesn't apply if the house is let for three years or more and the tenant is responsible for its condition.
Remedying hazards in social housing leases
The Social Housing (Regulation) Act 2023 introduced Sections 10A and 10B to address hazards in dwellings let under relevant social housing leases.
These sections of the law aim to ensure that social housing leases maintain safe living conditions for tenants and outline the responsibilities of landlords in addressing hazards within the dwellings they lease out.
Alongside this new legislation, called Awaab's Law is currently in the works which would give social housing landlords specific timeframes to address hazards including damp, excess cold, asbestos, carbon monoxide, and overcrowding.
Repairing obligations in short leases
In certain types of leases under seven years in England, landlords have specific repair responsibilities outlined in the law, including:
- Keeping the structure and exterior of the dwelling in good condition;
- Ensuring essential utilities like water, gas, and electricity are working properly, along with sanitation facilities;
- Maintaining heating systems and water heaters.
This part of the Landlord and Tenant Act outlines the extent of a landlord's repair obligations and legal remedies for tenants if landlords breach their duties, such as housing disrepair claims.
Service charges and relevant costs
Service charges are additional payments made by a tenant of a dwelling, on top of the rent. This covers various services, repairs, maintenance, improvements, insurance, or the landlord's management costs related tot he property.
Relevant costs are the actual or estimated expenses incurred or to be incurred by the landlord in connection with the services covered by the service charge.
The law requires that only costs reasonably incurred should be considered. Additionally, if the service of work provided is not of a reasonable standard, the amount payable should be adjusted to reflect this.
For Residential Properties
If you rent or let a property for residential purposes, such as a flat, house, or room, you are covered by several acts, depending on your situation. These acts include:
- The Landlord and Tenant Act 1985, which sets the minimum standards for repairs, fitness for human habitation, service charges, and information disclosure. It also gives you rights to request and challenge service charges, join a tenants’ association, and get your landlord’s name and address. Some of the standards that your landlord has to meet are:
- The Landlord and Tenant Act 1987, which applies if there is another landlord between you and the freeholder. For example, this could be where a freeholder leases a block of flats to a company, which then sublets individual flats to tenants. In this case, the company is the intermediate landlord. This act gives you rights to:
- The Landlord and Tenant Covenants Act 1995 makes sure that any covenants (promises) in your lease are binding on both parties, even if they change hands. It also limits your liability for breaches of covenants by previous tenants or landlords. It applies if your lease was granted after 1996. Some of the effects of this act are:
- The Homes (Fitness for Human Habitation) Act 2018 ensures that your property is fit for human habitation at all times, and gives you the right to sue your landlord if it is not. Applies to new or renewed tenancies from 2019 onwards. It Some of the factors that determine whether a property is fit for human habitation are:
- The Tenant Fees Act 2019, which bans most letting fees and caps tenancy deposits paid by tenants. It also sets out what fees are allowed, how deposits are protected, and what penalties apply for breaking the rules. Some of the main features of this act are:
For Business Properties
If you rent or let a property for business purposes, such as a shop, office, or warehouse, you are covered by the Landlord and Tenant Act 1954. This act gives you security of tenure, which means you can renew your lease when it ends, unless your landlord has a good reason to evict you. Some of the reasons that your landlord can use to evict you are:
- You have breached the terms of your lease, such as not paying rent or causing damage
- Your landlord wants to use the property for their own business or occupation, such as moving in themselves or selling their goods
- Your landlord wants to demolish or redevelop the property, such as building a new structure or changing its use
You also have to follow a certain procedure to renew or end your lease, which involves giving notices, negotiating terms, and going to court if needed. You have to give at least six months’ notice before the end of your lease if you want to renew it, and your landlord has to give at least 12 months’ notice if they want to end it. You can then agree on the new terms of your lease, such as rent, duration, and repairs. If you cannot agree, you can apply to the court to decide for you.
It can get a bit complicated but, don’t panic!
There are many laws that regulate the relationship between landlords and tenants in the UK. Whether you are renting or letting a property, you should make sure you understand and comply with these laws to avoid any problems or disputes. If you need any help or advice on any aspect of landlord and tenant law, you can contact Lawhive. We'll match you with an expert landlord & tenant solicitor who specialises in the area you need help with.