The laws around renting out your property can seem bewildering at times, but it is important to understand your legal duties as a landlord. If you fail to uphold landlord laws not only could you potentially endanger the safety of your tenants, you could also end up with a hefty fine or even a jail sentence. Here are some examples of cases of landlords falling foul of the penalties for breaking landlord laws.
Failing to carry out Gas Safety Checks or maintain gas appliances
A common law to be breached is that of the landlord’s duty to maintain gas appliances and carry out annual Gas Safety Checks. This is a serious matter, as a faulty gas appliance could result in the death of a tenant, and the penalties reflect this.
In a recent case, a landlord was fined £32,000 plus costs of £4,560 for not having up-to-date Gas Safety Records for five of his tenants. Another landlord, who failed to maintain the boiler safely in his rental property, was fined £16,000 plus costs of £1,500.
In serious cases, failure to comply with gas safety laws can land you with a custodial sentence. In 2013, a landlord was jailed for four months after illegally fitting a boiler then repeatedly attempting repairs himself.
In a more serious case from 2009, a landlord was sentenced to 16 months in prison for four counts of breaking gas safety regulations, including falsifying a Gas Safety Certificate and leaving an open-flued gas fire in a bedroom.
Failing to keep the property in repair
As well as not maintaining gas appliances adequately, there are landlords who do not maintain their property to an acceptable standard. The penalties for this vary depending on the severity of the situation. In a recent case in The Wirral, a landlord was fined £1350 for renting a substandard House of Multiple Occupation (HMO) to vulnerable adults.
Faults included exposed wiring and serious damp and mould growth. In 2014, an Oxford landlord was fined over £6000 for failing to license or maintain his HMO. Ground floor windows were found to be rotten, one of the smoke alarms was not working, and there was a broken light fitting, amongst other contraventions.
More serious contraventions attract much bigger fines. A Hammersmith landlord was recently fined £20,000 plus costs of over £5000 for running an unlicensed HMO since 2009, not carrying out gas safety checks and not maintaining the property. This included not maintaining common areas affected by mould or providing adequate smoke alarms.
Illegally evicting tenants
When evicting tenants it is essential you follow the correct protocols and do not take the law into your own hands. Not only is it unethical to do so, but it could also land you with a fine.
In 2012, a Peterborough landlord removed her tenant’s possessions from her rental property and left them at the tenant’s place of work, then changed the locks. She was ordered to pay a total of £1,625 in fines and costs.
Even if you have a possession order, it is essential you continue to operate in a legal manner. In a case from 2014, a landlord had obtained a possession order, however the tenant had applied to have it set aside. Instead of letting the law take its course, the landlord changed the locks while the tenant and his children were out. In this case, the tenant was awarded over £11,000 in damages.
The laws around letting out your property are there for a reason – they protect your tenants, and in some cases, they can protect you too. Complying with these laws is an essential part of being a landlord. If you are ever in doubt, you should seek legal advice to ensure you uphold landlord laws and avoid the penalties.