Being a landlord means juggling tenant queries and disputes. This lesson answers real landlord questions about tenant damage, first-time letting paperwork, unpaid rent in London, and whether self-managing or hiring an agent makes more sense for your property.
Being a landlord comes with a long list of responsibilities, and it’s not always obvious where you stand when something goes wrong. A tenant might wrongly claim a council tax refund. A lodger might damage your property without you ever being told. Bills might go unpaid because nobody set up an account in the first place.
This is lesson two of our three-part Landlord Lessons series, where we take real questions from UK landlords and break down what the rules actually mean for you. In lesson one, we covered eviction questions. This time, we’re focusing on your day-to-day responsibilities as a landlord.
As always, every situation is different, and landlord and tenant law can be complex. This lesson is designed to help you understand the basics – not replace advice from a solicitor.
What can I do if a departing tenant wrongly claims a council tax refund?
If your tenant moved out early but claimed a one-month empty property exemption, despite being liable for council tax for their full tenancy, you’re right to be frustrated. That exemption should have been yours, not theirs.
Council tax liability follows whoever is responsible for the property during a given period, not whoever happens to contact the council first. If your tenant was contractually liable for council tax up to a certain date, they shouldn’t have been able to claim an exemption covering that same period.
Contact your local council’s council tax department directly. Explain the situation and provide your tenancy agreement showing the tenant’s liability dates, along with evidence of when the tenant actually left (such as check-out reports or key return records). Councils can review and correct exemption claims when there’s clear evidence the wrong party benefited.
Key takeaway: Council tax exemptions are based on who’s actually liable during a given period. If a tenant wrongly claims one, contact the council with your tenancy agreement and evidence of the tenant’s real move-out date to get it corrected.
Who’s responsible if a tenant’s lodger or guest causes damage?
This comes down to your tenancy agreement. Most standard tenancy agreements make the named tenant responsible for the actions of anyone they invite into the property, including friends, relatives, or lodgers – whether or not you knew about them.
If your tenant lets a friend or relative move in without telling you, this may also breach the terms of the tenancy if it restricts subletting or requires you to approve additional occupants. That breach, combined with the damage itself, gives you grounds to pursue your tenant for the cost of repairs.
Your first step should be raising the damage with your tenant directly and referring to the relevant clause in your tenancy agreement. If they don’t cooperate, you can claim the cost from their deposit through your chosen deposit protection scheme.
Key takeaway: Tenants are usually responsible for damage caused by anyone they let into the property. Check your tenancy agreement’s clause on guests and subletting, then use the deposit scheme to recover costs if needed.
What happens if my tenants aren’t paying their bills because they never set them up?
Unpaid utility bills usually aren’t your legal responsibility if your tenancy agreement makes the tenant responsible for gas, electricity, water, and other services. But if nobody’s set up an account, that’s a slightly different problem – the property could end up with no active supply, which brings its own risks, such as pipes freezing in winter without heating.
The charges could also come to you if no one is paying them. But if you can prove with your tenancy agreement and meter readings that your tenant was legally responsible, you should be able to dispute them.
It’s worth contacting the tenant to clarify the situation and confirm they understand it’s their obligation. You could also contact the utility suppliers directly to check whether an account exists for the property, since some suppliers will flag an empty or unregistered supply.
If the tenancy agreement is clear on this point and the tenant still won’t act, it could support a wider case if you need to take further action later – such as serving notice for breach of tenancy.
Key takeaway: Check your tenancy agreement makes bills the tenant’s responsibility, then contact both the tenant and the utility supplier if accounts haven’t been set up – an inactive supply can create risks for you and your property.
What’s a fair usage clause, and do I need one for bills-included rentals?
If you’re renting out a property with bills included in the rent, a fair usage clause protects you from tenants running up excessive gas, electricity, or water costs that eat into your rental income.
A fair usage clause sets a reasonable cap on usage – for example, a maximum number of kilowatt hours a month – based on typical usage for the property size and number of occupants. If tenants go over that cap, they pay the difference.
Without one, you’re exposed to unpredictable costs, especially with energy prices as volatile as they’ve been in recent years. If you’re including bills in the rent, get a solicitor or letting agent to draft a clear fair usage clause before you advertise the property.
Key takeaway: A fair usage clause helps protect your rental income when bills are included in the rent, by capping usage and passing on any excess cost to the tenant. A letting agent or solicitor should be able to help you draft one for your tenancy agreement.
I’m a first-time landlord. What documents do I need to give my first tenant?
Before your tenant moves in, UK law requires you to provide a specific set of documents. Missing these can affect your ability to evict later, and in some cases can lead to fines. You’ll typically need to provide:
- a copy of the tenancy agreement
- a current Energy Performance Certificate (EPC)
- a gas safety certificate ( if the property has gas appliances)
- an Electrical Installation Condition Report (EICR)
- the government’s How to rent guide
- proof that the deposit is protected in a government-approved scheme, along with the prescribed information
- confirmation that smoke alarms and carbon monoxide alarms are fitted and working
It’s worth keeping copies of everything you provide, along with confirmation the tenant received them, in case of a future dispute.
Key takeaway: First-time landlords need to provide a tenancy agreement, EPC, gas safety certificate, EICR, the “How to rent” guide, deposit protection confirmation, and proof of working smoke and carbon monoxide alarms before a tenant moves in.
What happens if I don’t do a right to rent check?
Right to rent checks confirm that a tenant has the legal right to live in the UK, and they’re a legal requirement before you let a property in England. Skipping them carries real financial risk.
If you fail to carry out a right to rent check and it later turns out your tenant doesn’t have the right to rent, you could face a civil penalty of up to £7,000 for a first breach, rising to £40,000 for repeat breaches. In more serious cases, where a landlord knowingly rents to someone without the right to rent, this can become a criminal offence.
The check itself is straightforward – you need to see original documents (or use the Home Office’s online checking service) and keep copies on file before the tenancy starts.
Key takeaway: Failing to carry out right to rent checks can lead to civil penalties of up to £40,000 for repeat breaches, or even criminal liability in serious cases – so check and keep records before every new tenancy.
My tenant hasn’t paid rent for two months. What can I do?
Two months of unpaid rent is stressful, but under the Renters’ Rights Act, you’ll usually need at least three months’ worth of arrears before you can serve a Section 8 notice on rent arrears grounds. So you may not be able to start formal proceedings just yet.
In the meantime, keep detailed records of every missed payment, including dates and amounts. Contact your tenant in writing to understand what’s going on – sometimes a payment plan can resolve things without going anywhere near court.
If the arrears reach three months, you can then serve a Section 8 notice citing rent arrears as the ground for possession. It’s worth checking the latest government guidance or speaking to a solicitor to make sure you’re using the
Key takeaway: You’ll usually need three months of arrears before serving a Section 8 notice for rent arrears. Keep detailed records now, try to agree on a payment plan, and get legal advice once you reach that threshold.
Should I self-manage my property or hire a letting agent?
There’s no single right answer here – it depends on your time, experience, and how many properties you manage.
Choose to self-manage if you’re confident navigating landlord legislation, have the time to handle tenant queries and repairs directly, and want to keep costs down. This works well for landlords with one or two properties who are comfortable staying on top of compliance deadlines – like gas safety checks and deposit protection.
Choose a letting agent if you’d rather hand off day-to-day tenant communication, don’t have time to keep up with frequent legislative changes, or manage multiple properties across different areas. A good agent can also help you avoid compliance mistakes that come with costly penalties, though you’ll pay a fee for that peace of mind, typically a percentage of your monthly rent.
Key takeaway: Self-manage if you have the time and confidence to handle compliance and tenant queries yourself. Hire a letting agent if you’d rather pay a fee in exchange for reduced admin and lower compliance risk.
What landlords should take away from this lesson
Your responsibilities as a landlord go well beyond collecting rent. From council tax disputes to right to rent checks, getting the details right protects both your income and your property.
Keep clear records for everything – tenancy agreements, safety certificates, communication with tenants, and evidence of who’s liable for what. When a situation gets complicated, whether that’s a wrongly claimed exemption or an unresolved rent dispute, don’t hesitate to bring in a solicitor.
In lesson three, we’ll be answering your questions surrounding landlord insurance. If you’ve got an insurance question you’d like answered, get in touch and it could be featured in the next lesson.
Don’t forget these other useful landlord lessons
- Landlord responsibilities – a guide to property maintenance and repair
- Renting out your property: rules for landlords in 2026
- Renters’ Rights Act: your questions answered by an expert
- Pets in rental properties: a guide to the new rules
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