Over the last 10 years the residential private rented sector has endured huge regulatory change culminating in the Renter’s Rights Act 2025 (RRA 2025). Whilst the RRA has grabbed all the headlines, residential landlords should not forget the myriad other statutory obligations which apply.
The complexity of managing multiple dwellings across an estate is made all the more challenging because the statutory obligations differ between different types and lengths of tenancies; just because a farm is let out on an agricultural tenancy does not mean that it avoids many of the regulations that apply to pure residential lettings.
Below we set out the different types of lettings which could include a dwelling, the statutory obligations which could apply and then focus on three common misconceptions.
Types of tenancies and licences
The main types of occupational rights are:
- Assured Shorthold Tenancies (ASTs) and Assured Tenancies
- Farm Business Tenancies and Agricultural Holdings Act Tenancies
- Rent (Agriculture) Act 1976 Tenancies and Rent Act 1977 Tenancies
- Landlord & Tenant Act 1954 tenancies
- Common law tenancies
- Service occupancies
- Tenancies at will
Statutory obligations
These include obligations relating to:
- electrical safety standards
- smoke and carbon monoxide alarms
- gas safety
- control of asbestos
- private drainage sewerage rules
- repairing obligations under section 11 Landlord & Tenant Act 1985
- control of hazardous substances (including legionella)
- deposits
- right to rent checks
- Energy Performance Certificates (EPCs) and Minimum Energy Efficiency Standards (MEES)
Many of the regulations governing the responsibilities contain exceptions to the general rules.
Penalties for breach of the various statutory obligations range from hefty fines to a prison sentence so landlords will want to be sure that they do not fall foul of the law.
A few common misconceptions
There are many pitfalls, but here are a few particularly noteworthy ones:
1. Chimney sweeping and ASTs
This obligation differs according to the length of a tenancy.
For tenancies of less than seven years, section 11 of the Landlord and Tenant Act 1985 (LTA 1985) imposes an obligation on landlords “to keep in repair and proper working order the installations in the dwelling- house for space heating.” It seems therefore that the landlords of these tenancies are responsible for chimney sweeping if the fireplace is necessary for heating the property.
Section 11 applies to assured tenancies, ASTs, Rent Act tenancies and common law tenancies.
For longer term tenancies not caught by the LTA 1985, the parties will need to decide who is responsible for the chimney sweeping and cleaning. Under the Tenant Fees Act 2019 (TFA 2019), a landlord cannot require a tenant of an AST to pay for third party services, such as chimney sweeps. However, the government guidance states that if the tenant prefers to employ a third party, they will be responsible for the costs.
Many tenancy agreements prohibit the use of any fireplaces in the dwelling without consent as a means of controlling this issue. The guidance makes it clear that if the tenant goes ahead in breach of this restriction and this causes loss to the landlord, then this can be recovered from the deposit. If fireplaces (as defined in the agreement) are going to be used, landlords would be well advised to have the chimneys of working fireplaces swept themselves.
2. EPCs, MEES and listed buildings
Despite the common misconception, listed buildings are not automatically excluded from the requirement to have an EPC or to comply with MEES. Listed buildings will only be exempt in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance.
It is sensible to get a draft EPC to determine whether a listed building is exempt. A property owner needs to know what the recommended improvement works for a property are and must determine whether these would unacceptably alter the character or appearance of the building. The standard for ‘unacceptable’ alterations will vary in each case. As a minimum, the standard will be met if the proposed changes would require local authority planning permission. The local authority’s conservation officer can provide case-by-case advice on this. If improvements can be made without altering the building’s character or appearance, then an EPC is required and the MEES apply.
3. Licences, tenancies at will and service occupancies
Whether licences, tenancies at will and service occupancies are caught by the obligations depends on the wording of each set of regulations themselves. Some obligations do apply to certain licences, tenancies at will and service occupancies, such as obligations relating to carbon monoxide and smoke alarms, gas, electrics and right to rent checks.
Conversely, other obligations it seems do not catch licences, tenancies at will or service occupancies. For example, the EPC and MEES Regulations (and accompanying guidance) suggest property occupied under a licence will not be caught, provided it is genuinely a licence and not a lease.
Conclusion
There are numerous ways that a landlord can get caught out and fail to comply with their legal obligations. With the RRA 2025 changes coming down the tracks in 2026, those managing residential lettings would be well advised to carry out a full review of their portfolio to ensure that they are not caught out by inadvertent breaches.
