The Fundamental Landlord Duty
The law requires landlords to ensure their tenants have a safe, habitable home. Failure to comply can result in criminal prosecution, unlimited fines, civil liability, and being banned from letting property.
Gas Safety
Every gas appliance, fitting, and flue must be checked annually by a Gas Safe registered engineer. You must obtain a Gas Safety Certificate (CP12) within 12 months of the previous one, give a copy to tenants before they move in and within 28 days of each check, and keep records for at least two years. The penalty for non-compliance is up to six months' imprisonment and an unlimited fine.
Electrical Safety
All private tenancies must have an Electrical Installation Condition Report (EICR) carried out every five years by a qualified electrician. You must provide a copy to existing tenants within 28 days and to new tenants before they move in. Where the report identifies unsatisfactory works, remedial action must be completed within 28 days.
Energy Performance Certificate (EPC)
A property must have a valid EPC before it is marketed. Most rental properties must have a minimum EPC rating of E. The government has signalled plans to raise this to C, so check current requirements with your local council.
Smoke and Carbon Monoxide Alarms
You must install a smoke alarm on every floor used as living accommodation and a carbon monoxide alarm in any room with a fixed combustion appliance such as a gas boiler or wood burner. Alarms must be tested and working at the start of each tenancy.
HMO Licensing
Properties occupied by five or more people from two or more separate households sharing facilities require a mandatory HMO licence. Many councils also operate additional or selective licensing schemes. Letting without a licence carries fines of up to £30,000 per property.
Right to Rent Checks
Since 2016, landlords in England must check that all adult occupiers have the right to rent in the UK before the tenancy begins. Failure to carry out checks can result in an unlimited fine or imprisonment.
Providing Prescribed Information and Documents
You must give new tenants: the government's How to Rent guide (current version), Gas Safety Certificate, EPC, EICR (if applicable), and deposit scheme prescribed information if a deposit is taken. Failure to serve the How to Rent guide in the correct version invalidates Section 21 notices.
Landlord tip: Keep a file for each tenancy with signed acknowledgements of every document served. This evidential record is invaluable if a tenant later disputes receipt.