What Certificates Do Landlords Need?
Providing the required certificates to your tenants not only keeps them safe, but also protects you against potential fines and legal disputes. Find out which landlord certificates you are required to have.
When renting out a property, landlords have a legal duty to maintain the safety and comfort of their tenants in compliance with the law. This responsibility goes beyond simply providing a roof over someone’s head - it involves adhering to specific regulations and presenting the required certificates to confirm that the property meets safety and efficiency standards.
From gas and electrical safety certificates to energy efficiency and water quality paperwork, landlords must maintain accurate documentation to avoid legal penalties and ensure their property is a secure and desirable place to live. This guide will outline the essential certificates landlords need to comply with the law in England and Wales, and provide peace of mind for both landlords and tenants.
If you have any questions we have not covered, our specialist landlord solicitors are able to answer your landlord query. You can contact us by completing the enquiry form below or by calling 0151 666 9090.
What Certificates Are Landlords Required to Have?
Landlords in the UK are required to obtain specific certificates to confirm that their rental properties meet safety and legal standards. These certificates demonstrate compliance with regulations and help protect both landlords and tenants. The essential documents include:
- Gas Safety Certificate: Confirms annual checks of gas appliances by a Gas Safe-registered engineer.
- Electrical Installation Condition Report (EICR): Verifies electrical systems are safe, with inspections every five years.
- Energy Performance Certificate (EPC): Rates energy efficiency (A–G) and requires a minimum rating of E.
- Legionella Risk Assessment: Assesses water systems for Legionella bacteria risks.
- Deposit protection proof: Secures tenant deposits in an approved scheme within 30 days.
While not strictly a document, any evidence you can provide that you have installed and maintained smoke alarms, carbon monoxide alarms and other devices in compliance with fire safety rules could be useful.
Each certificate shows that the property is safe, compliant, and suitable for tenants to live in - both to the tenants themselves before they move in, and to the authorities should they have any concerns about the property's energy efficiency, gas safety record or compliance with electrical safety regulations. In the following sections, we will explore these certificates in more detail.
Gas Safety Certificate
A Gas Safety Certificate, also known as a CP12, is a requirement for all landlords in the UK who have gas appliances or installations in their rental properties. This certificate verifies the safety of gas boilers, pipes, cookers, and flues, which protects tenants from risks such as gas leaks or carbon monoxide poisoning, and helps landlords to meet their legal obligations.
Landlords must arrange for an annual inspection by a Gas Safe-registered engineer. The engineer will assess whether all gas appliances and systems in the property meet the relevant safety standards. Once the inspection is complete, the landlord will receive a CP12 certificate, which details the checks carried out and confirms the safety of the gas installations.
Landlords are required to:
- Provide existing tenants with a copy of the certificate within 28 days of the inspection.
- Supply new tenants with the certificate at the start of their tenancy.
- Retain records of all gas safety checks for at least two years.
Failing to obtain or provide a valid Gas Safety Certificate can result in legal penalties, including hefty fines or imprisonment.
Electrical Installation Condition Report
An Electrical Installation Condition Report is a crucial safety requirement for landlords. This certificate confirms that fixed electrical installations, such as wiring, sockets, fuse boxes, and light fittings, are in good condition and do not pose a risk to tenants.
Landlords must arrange for a qualified electrician to carry out an EICR inspection on a property's electrical installations at least once every five years. Key landlord responsibilities include:
- Providing a copy of the EICR to existing tenants within 28 days of the inspection.
- Supplying new tenants with the report at the start of their tenancy.
- Submitting a copy to the local authority within seven days, if requested.
- Addressing any required repairs or improvements within 28 days, or sooner if specified in the report.
Failing to comply with EICR requirements can lead to severe consequences, including fines of up to £30,000. Ensuring electrical safety is not only a legal obligation but also a vital step in protecting tenants and maintaining the property's integrity.
You can read more in our guide to Electrical Installation Condition Reports.
Energy Performance Certificate
An Energy Performance Certificate rates the energy efficiency of a property on a scale from A (most efficient) to G (least efficient). Landlords are legally required to provide an EPC to prospective tenants before they sign the tenancy agreement.
Key points about the EPC:
- Properties must achieve a minimum energy efficiency rating of E to be legally rentable.
- Certificates are valid for 10 years but may need updating if significant energy-saving improvements are made.
- The EPC provides recommendations for improving energy efficiency, which can enhance the property’s appeal to tenants.
You can read more about EPC’s in our specific guide here – What Is An Energy Performance Certificate?
Legionella Risk Assessment
Legionella is a potentially harmful bacterium that can grow in water systems and lead to Legionnaires’ disease. Landlords are legally required to conduct a Legionella Risk Assessment to identify and mitigate any risks associated with water systems in the property.
While there is no formal certificate required, landlords must:
- Assess the property’s water systems, including pipes, storage tanks, and heaters, for potential risks.
- Take steps to control risks, such as maintaining appropriate water temperatures and regularly flushing systems.
- Keep a record of the assessment and any measures taken to reduce risks.
This assessment forms a key part of the Health and Safety Executive (HSE) legislation, ensuring landlords meet their legal responsibilities under the Control of Substances Hazardous to Health Regulations 2002 (COSHH).
Tenancy Deposit Protection Proof
Landlords are legally required to protect tenant deposits in a Government-approved tenancy deposit protection (TDP) scheme within 30 days of receiving payment. Proof of deposit protection, along with details of the TDP scheme used and how tenants can access their deposit, must be provided to tenants.
Failure to comply can result in penalties, including compensation of up to three times the deposit amount. It can also make it more difficult for the landlord to evict a tenant at a later date, if they wish to do so.
You can read more about this here - Tenancy Deposit Scheme & Penalties to Landlords
Fire Safety
Maintaining high levels of fire safety is a critical responsibility for landlords. While there is no specific "fire safety certificate," and no legal requirement to carry out inspections, landlords must comply with several fire safety regulations to protect tenants and the property.
Key requirements include:
- Smoke alarms: Install at least one working smoke alarm on every floor of the property.
- Carbon monoxide alarms: Fit alarms in any room containing a solid fuel-burning appliance, such as a wood stove or coal fire.
- Alarm testing: Check that all alarms are in good working order at the start of each tenancy.
- Fire extinguishers: In HMOs (Houses in Multiple Occupation), provide fire extinguishers in communal areas.
Landlords must also make sure that any furniture provided complies with the Furniture and Furnishings (Fire) (Safety) Regulations 1988, which require upholstered furniture to meet specific fire resistance standards.
Additional Certificates to Consider
In addition to the core certificates, landlords may need to provide further documentation depending on the property type and specific circumstances. These include:
- Right to Rent checks: In England, landlords are required to verify that tenants have the legal right to rent in the UK. This involves checking original documents, such as passports or visas, and keeping records for future reference.
- HMO-specific requirements: If your property is a House in Multiple Occupation, you may need additional certifications, such as emergency lighting and fire alarm compliance certificates, or even an HMO licence from the local authority.
- Portable Appliance Testing (PAT): While not legally mandatory for all properties, PAT is highly recommended for landlords providing portable electrical appliances, like kettles or microwaves.
These additional certificates provide tenants with confidence in the safety and legality of the property, and demonstrate that efforts have been taken to minimise any risk to their health and wellbeing. By addressing these requirements proactively, landlords can avoid potential legal issues and maintain a positive landlord-tenant relationship.
How Can Percy Hughes & Roberts Help?
Ensuring that your rental property complies with legal requirements can be challenging. At Percy Hughes & Roberts, our expert landlord solicitors are here to provide clear guidance on your obligations and help resolve any issues. From advice on certificates to tenancy agreements and deposit protection, we offer tailored support to safeguard your property and tenants.
Our team of landlord solicitors can help with a wide range of services, including drafting tenancy agreements and assistance with tenant disputes. For more information on our landlord services, do not hesitate to contact our expert solicitors today. Call us on 0151 666 9090, or send us your query by email by filling in our online contact form.