In light of recent cases involving senior politicians breaching letting rules, it’s worth revisiting exactly what landlords must do to remain compliant, and what good practice looks like beyond the minimum legal standard.
Letting a property is complicated. There are more than 180 laws and over 400 regulations that landlords must comply with, and the rules are constantly evolving. It’s therefore unsurprising that mistakes happen – even among those with experience. Unlike the sales sector, letting agents are not currently regulated. This is an area the government is now reviewing through its consultation on the regulation of property agents involved in buying, selling and letting, and it’s a change that many in the industry believe is long overdue.
Below is a clear guide that distinguishes between legal obligations and best practice.
What you must do by law
1. Check licensing requirements
Confirm whether your property requires a mandatory HMO licence, an additional HMO licence, or a selective licence from your local authority. Letting without a valid licence can result in unlimited fines or rent repayment orders.
2. Obtain lender or freeholder consent
If your property is mortgaged or leasehold, get written consent to let. Failing to do so can breach mortgage or lease conditions and invalidate insurance.
3. Meet safety standards
You must provide:
• A valid Gas Safety Certificate (renewed annually)
• A current Electrical Installation Condition Report (EICR) (every 5 years or sooner)
• Working smoke alarms on each floor and carbon monoxide alarms in relevant rooms
• Evidence that the property is fit for human habitation, free from serious hazards, and well-maintained
4. Provide a valid Energy Performance Certificate (EPC)
All rental properties must have an EPC rated E or above, issued within the last 10 years, and given to tenants at the start of the tenancy.
5. Protect the tenant’s deposit
Place the deposit in a Government-approved protection scheme within 30 days and serve the prescribed information to the tenant.
6. Check tenants’ right to rent
Verify each adult occupier’s immigration status and keep a dated record of documents checked.
7. Issue correct tenancy documentation
Provide tenants with:
• A compliant tenancy agreement
• The latest Government ‘How to Rent’ guide
• The gas safety and EPC certificates
• Deposit protection information
8. Adhere to the Tenant Fees Act 2019
Only charge permitted fees such as rent, refundable deposits, or early termination costs agreed in writing.
9. Maintain and repair the property
Under section 11 of the Landlord and Tenant Act 1985, you are legally responsible for the structure, exterior, plumbing, heating and sanitation systems.
10. Follow proper procedures for eviction
Before issuing a Section 21 or Section 8 notice, ensure all compliance steps above are complete, otherwise the notice could be invalid. The Renters’ Rights Act, which has now passed into law but is not yet implemented, will remove Section 21 ‘no-fault’ evictions and introduce new grounds under Section 8, so landlords should stay alert to updates as these provisions come into force.
11. Declare rental income and comply with tax rules
Report income to HMRC and, if applicable, use Making Tax Digital - compatible software for quarterly submissions.
For a more detailed overview of landlord legislation, including step-by-step guidance on each legal requirement, visit this comprehensive guide by Total Landlord Insurance.
What’s good practice (but not strictly legal requirement)
1. Conduct regular property inspections
Carry out checks every 3–6 months to identify maintenance issues, ensure tenants are using the property correctly, and document the condition.
2. Carry out a Legionella risk assessment
Although not always a specific legal obligation for small landlords, the Health and Safety Executive recommends this assessment to identify potential risks in water systems.
3. Create a detailed inventory and condition report
A thorough inventory signed by both parties at move-in and move-out helps avoid deposit disputes.
4. Reference tenants properly
Beyond right-to-rent checks, confirm employment, income, and rental history to reduce arrears risk.
5. Keep detailed records and store tenant data securely
Follow data protection rules under the Data Protection Act 2018 (GDPR) by storing sensitive information safely and deleting it when no longer required.
6. Review insurance coverage
Maintain specialist landlord insurance that covers buildings, liability, and rent loss. Review annually.
7. Keep up to date with law changes
Housing legislation evolves regularly, including the recently passed Renters’ Rights Act, EPC targets, and Decent Homes Standard expansion. Schedule an annual compliance review.
8. Build strong relationships with tenants
Respond promptly to maintenance requests, provide clear communication, and conduct tenancy renewals in good time. Good relationships reduce turnover and legal risk.
9. Work with a regulated letting agent or property manager
If you use an agent, ensure they are members of a redress scheme (such as The Property Ombudsman) and a client money protection scheme.
10. Review compliance at renewal or re-let
Every time a tenancy ends or renews, double-check that all safety certificates, documents, and licences are current.
Landlords who want reassurance that their property meets all legal requirements can get in touch with their local branch for a free Renters’ Rights Health Check, offering a quick review of licences, safety certificates and tenancy documentation to help identify any gaps in compliance.
