The legalities of letting your property

Letting a property in England comes with a number of legal obligations. Here's what you need to have in place, including the recent changes under the Renters' Rights Act.

• Energy Performance Certificate (EPC)
  An EPC is required before you can market or let a property, and is valid for 10 years. If it isn't provided to the tenant at the start of the tenancy, it may affect your ability to serve notice.
• Gas Safety
  If the property has a gas supply, you'll need a Gas Safety Certificate, renewed every year by a Gas Safe registered engineer.
• Electrical Safety
  Electrics and any electrical equipment must be safe. We recommend a periodic electrical inspection (EICR) every 5 years, and PAT testing of appliances annually by a qualified electrician.
• Smoke and Carbon Monoxide Alarms
  Smoke alarms must be fitted on every floor of the property and tested at the start of every tenancy. Carbon monoxide alarms are required in any room with a fixed combustion appliance, such as a gas boiler or fire, not just solid fuel heating. Failing to comply can lead to a civil penalty of up to £5,000.
• Furniture and Deposits
  Furniture provided must meet the Furniture and Furnishings (Fire) (Safety) Regulations. Tenancy deposits must be protected in a government-backed scheme within 30 days of receipt, with the prescribed information given to the tenant.
• The Renters' Rights Act Information Sheet
  The How to Rent guide has been replaced. Landlords must now give tenants the Renters' Rights Act Information Sheet 2026 at the start of the tenancy. Not providing it can lead to a fine of up to £7,000.
• Renters' Rights Act changes (from 1 May 2026)
  This is a significant reform of the private rented sector. Key points for landlords:
  
  • Section 21 "no fault" evictions have been abolished. Possession now requires a valid ground under Section 8.
  • All tenancies are now periodic (rolling), with no fixed term.
  • Rent can only be increased once a year, using a formal Section 13 notice with at least two months' notice. Tenants can challenge an increase at the First-tier Tribunal if it's above open market rent.
  • You can't ask for or accept rent in advance of what's set out in the tenancy agreement, or take bids above the advertised rent.
  • Tenants have a right to request to keep a pet, and a landlord's refusal must be reasonable.
  • It's unlawful to discriminate against tenants who receive benefits or who have children.
  • Landlords cannot serve notice for personal sale or occupation within the first 12 months of a tenancy.
  • Rent repayment orders and council enforcement powers have both been extended, with fines and penalties running up to two years' rent for serious breaches.
• HMOs
  If you're letting to multiple tenants who aren't a single household, check with the local authority whether the property needs an HMO licence.
• Landlord registration
  From December 2026, landlords will also need to register on the new national Private Rented Sector Database, with a rolling regional rollout through to November 2027. There's an annual fee of £65 per property.
  
  This is a general guide and not a substitute for legal advice. Speak to us for guidance on your specific property.