10 Things a Landlord Shouldn’t Do

You’re the landlord, and the property is yours, so you can do what you want when you want, regardless of what the tenant thinks. Wrong. Once a property is let, landlords don't have much control over the property they own and must operate following the law. 

This doesn’t stop unscrupulous landlords from stretching the law and incredulity to try and shepherd wayward tenants into doing what they want. This guide looks at ten things landlords might do that are against the law that can land them in trouble with local councils and even end with a hefty fine or a ban on renting a home.

Which laws dictate how a landlord should run a rental business?

The bad news for landlords is that no single legislation says how to run a property business. 

The Landlord & Tenant Act 1985 and Housing Act 1988 are excellent places to start. Still, successive governments have added and taken away rules over the years, leaving a piecemeal legal structure of dozens of different laws. 

To add to the confusion, England, Scotland, and Wales have different rules. 

For England, the Ministry of Housing, Communities and Local Government is the hub for setting policies for local councils. 

You can click the links to start researching the legal framework for renting out homes in Scotland and Wales.

The ten things landlords must not do

The critical point to remember is what the law says is the final arbiter of what you can do as a landlord. You can’t pick and choose the bits that suit you or push the boundaries to cover what you may feel is an unfair situation. The law protects landlords and tenants from each other – and themselves. 

So here, in no order of importance, are the ten things a landlord shouldn’t do:

1.    You can’t write your own rule book

Just because you have included some extra clauses in the tenancy agreement that tip the balance in your favour does not make them legally enforceable. Your tenancy agreement is a contract that binds both sides, and the terms must be clear, unambiguous and fair to the tenant, while nothing you include can supersede a renter’s statutory rights. Even if you do not have a written tenancy agreement, you may still have a verbal contract.

2.    You must have permission to enter the tenant’s home

You may own the property, but the tenant has the right to ‘quiet enjoyment’ when they live there. That means you cannot turn up and enter their home unannounced or while out unless in an emergency, like a flood or fire. 

The law says the tenant must give written permission for you, a letting agent or contractor, to enter the property at least 24 hours in advance and that the visit must be at a reasonable time. The tenant can reject an appointment but should offer to make alternative arrangements.

3.    You can’t change the locks

You can’t lock a tenant out of their home even if they have a stack of rent arrears or are refusing to move out. Landlords can only change locks with the tenant’s agreement at the end of a tenancy or if a court order says they can.

4.    You can’t message bomb a tenant

Do not hassle a tenant by knocking on the door or message bombing by text, phone or email to try and get them to pay up rent arrears or move out. Going overboard like this could be considered excessive contact and even harassment in court, which is an offence that can come with a fine or jail term.

5.    You can’t reject tenants for the wrong reasons

Landlords can turn down applicants who want to rent a home for lots of reasons but cannot discriminate because they don’t like a string of personal characteristics, like:

• Sexual orientation
• Marital status
• Because they are pregnant or have a baby
• Disability
• Race
• Religion

6.    You must carry out major repairs and keep homes safe

Tenants must look after their home, keep the garden tidy and carry out minor maintenance, like changing light bulbs. Landlords have a legal obligation to provide safe housing free from damp, pests like rats and mice that meets the HHSRS in England and similar standards in Scotland and Wales. 

Repairs must be carried out in a reasonable time, which has been defined as being completed with "reasonable expedition". However, the tenant must make a timely report of the defect and agree on a schedule with contractors for access to complete the work.

7.    The deposit isn’t your money, so keep it protected

The law is explicit about how landlords should handle holding, and security deposits and getting the rules wrong could block a Section 21 no-fault eviction further down the line. The main point to remember is the deposit is the tenant’s money and should be returned to them at the end of the tenancy unless the landlord can show one of a few reasons to withhold the money, like the property is damaged, needs cleaning, or the rent is in arrears.

8.    You can’t increase the rent when you like

The tenancy agreement might contain a clause explaining how the rent can be increased and how much. You can’t put the rent up during a fixed term tenancy (unless there’s a specific clause agreed in the tenancy) or without at least a month’s notice. The rise should be considered market value and in line with rents for similar properties in the neighbourhood. 

See this article about changing the rent for more information.

9.    You can’t evict a tenant without following strict rules

Eviction is a complicated legal process, and landlords must stick to strict rules, or a judge will likely rule against them. The rules depend on many variables like if the tenancy is fixed, the reason for wanting to take the property back, and the tenancy agreement's terms. You can’t roll up and expect a tenant to move on with little or no notice, even if they are in rent arrears or are mistreating the property.

10. And one thing you should do if unsure about the law

Running a property business is becoming more strictly regulated, and ignorance of the law is no defence to breaking the rules. If you are unsure of how the law works in your circumstances, take independent advice from the Guild of Residential Landlords or a professional lawyer.