Four compliance findings from the English Private Landlords Survey

Are landlords following the law? To answer this question, the Government grouped answers from its English Private Landlords Survey 2022 according to their similarities. Through this, four distinct types of landlord were identified, each with wildly different types of behaviour and patterns of compliance, from those struggling to keep up with the law to those fully engaged with both regulatory and best practices and the many who fall somewhere in between.

What kinds of questions were there?

Questions for establishing compliance fell into two categories: legal requirements and good practice indicators. Legal requirements were obligations that landlords are legally mandated to carry out, ranging from right to rent checks (which 63% of those surveyed had actioned) to supplying tenants with the How to Rent guide (just 52% had provided this).

Good practice indicators, meanwhile, focused on the frequency of checks made on electrical installations, as well as the landlords’ awareness of EPC ratings and the changing requirements around them, factoring in whether their properties had achieved a higher rating than Band E.

It is worth noting that responses were drawn from landlords who had signed up for a tenancy deposit scheme (a legal requirement for assured shorthold tenancies). This selection of landlords may or may not indicate a greater level of compliance than the industry as a whole. However, it is certainly a good starting point for understanding the shape of the sector.

30% of landlords demonstrated ‘good practice’

Over 30% of landlords surveyed fell into the ‘demonstrating good practice’ cluster, which indicated the highest level of engagement and compliance. These landlords typically had multiple properties in their portfolio, indicating that they were professionals.

They were most likely to have conducted Right to Rent checks, arranged electrical checks and supplied tenants with up-to-date EPC certificates. They were also aware of changing legislation and regulations.

25% of landlords met legal requirements

This segment of landlords met legal requirements but was less likely to demonstrate good practice measures or be aware of upcoming changes such as new EPC requirements. This presents an opportunity for their agents who could build stronger relationships by keeping them informed of developments and out of legal trouble.

A third of landlords had only limited awareness of compliance matters

This group of landlords showed limited awareness of EPC matters but were still likely to have completed checks on electrical installations and appliances. They tended to be retired, with only one property in their possession, typical of the accidental landlord who may not have planned to rent property until the situation arose through circumstance.

1 in 10 landlords is barely compliant

One in ten landlords fell into the ‘lower compliance’ group, which, while a small percentage, is still worrying. These landlords tended to rely on friends and family for information about what legislation applied to letting property. They had not kept up with changing legislation due to becoming landlords before 2015, when many newer regulations were introduced.

What does this tell us?

Generally, these findings paint a good picture of the industry. The good majority of landlords adhere to legal requirements, creating safe and habitable environments for their occupiers. The number of landlords in the lowest compliance category is thankfully small; however, 1 in 10 is not insignificant, and those not following the law place themselves in legal jeopardy.

One of the best ways to ensure compliance with legal requirements is to use repairs and maintenance software. This can be used to set reminders, automate quotes and monitor compliance levels of your portfolio to ensure that nothing slips through the cracks and your landlords aren’t in for any nasty legal surprises.

* James Dilgul is the Head of Marketing at Fixflo, the market-leading repairs and maintenance management software provider