At Landlord Solicitors, we often assist individuals who have inherited a property with an existing tenant—one of the most common ways people become “accidental landlords.”

Inheriting a tenant in situ can be a benefit or a challenge, depending on your goals. You might welcome rental income and keep the tenant, or you may wish to regain possession to live in the property yourself. Either way, understanding your legal responsibilities is crucial to avoid costly mistakes.

Key Legal Responsibilities for Accidental Landlords

Landlords in England and Wales must comply with strict regulations to protect tenant rights and ensure the property is habitable. Ignorance is no excuse—failing to meet legal requirements can lead to fines, claims, or legal obstacles when repossessing the property.

If you’ve inherited a tenanted property, start by checking the following:

Essential Documents

✔ Gas Safety Certificate
A Gas Safe registered engineer must inspect the property annually. If valid, request the existing certificate; if expired, arrange an inspection immediately.

✔ Energy Performance Certificate (EPC)
An accredited assessor must provide an EPC, rating the property’s energy efficiency. You can check if one exists via the Gov.uk website.

✔ “How to Rent” Guide
Landlords must provide tenants with this government-issued guide. If unsure whether it was given previously, reissue it to be safe.

💡 What to Do with These Documents:
Ensure the tenant receives a copy via hand delivery, post (with proof of postage), or email (with a saved copy for records).

Additional Checks

✔ Deposit Protection
If a deposit was taken, it must be legally protected in a government-approved scheme. Check if this was done correctly and re-protect it if necessary under your name. Failing to do so could result in penalties and make eviction difficult.

✔ Selective Licensing
Some areas require landlords to obtain a license from the local council. Fees vary, and failing to get one can lead to hefty fines. Check your local council’s website to confirm if your property falls under this rule.

✔ House in Multiple Occupation (HMO) Rules
If the property houses three or more unrelated tenants, it may be classified as an HMO and require a special license. Check with your local authority for specific rules, as non-compliance can result in severe penalties.

✔ Prohibition Orders & Improvement Notices
Some properties have restrictions due to safety concerns. Check with your local council for outstanding notices, as these could require costly repairs or even restrict rental use. A “Charges Search” will reveal any existing legal actions.

✔ Notifying the Tenant of New Ownership
Under the Landlord & Tenant Act 1985, tenants must be informed of their new landlord. You must issue both:

• Section 3 Notice – Notifies tenants of landlord change.
• Section 48 Notice – Provides the landlord’s legal correspondence address.

Failure to serve these notices can legally allow tenants to withhold rent until compliance.

Final Thoughts

Becoming a landlord—especially unexpectedly—comes with legal obligations that can’t be ignored. Thoroughly reviewing the property and current legislation will save you from costly errors.

Need expert guidance? Call us at 0330 043 6162 or visit our website for professional legal support.