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John Grants
Landlord guide

Your legal responsibilities as a landlord.

The checks, certificates and paperwork you need before and during a tenancy in England, with the penalty for each and the official source behind every rule.

What type of property is it?

At a glance

  • Before a tenant moves in you need a gas safety record (if there is gas), a satisfactory electrical report, working smoke and carbon monoxide alarms and an EPC rated at least E.[1][2]
  • Protect the deposit within 30 days in a government-approved scheme and give the tenant the prescribed information.[3]
  • The government has confirmed it will require EPC band C by 1 October 2030, with a £10,000 spending cap per property, but at the time of writing that is not yet law.[4]
  • The “How to Rent” guide was withdrawn on 1 May 2026. New tenants must instead get written key terms, and existing tenants had to be given the government’s Renters’ Rights Act Information Sheet by 31 May 2026.[5][6]
  • Penalties vary by rule, from £5,000 up to £40,000, and some rules carry prosecution or a banning order, so it is worth getting the paperwork right first time.

Rules and figures last checked October 2026.

The checks, in one table

This is the quick reference. Each row is explained below it, with the source. If your property needs a licence as well, see our licensing guide, and for the tenancy rules that changed on 1 May 2026 see the Renters’ Rights Act guide.

Landlord checks in England
WhatHow oftenTenant gets a copyMaximum penalty
Gas safety checkEvery 12 monthsBefore move-in; within 28 days of each check[7]Fine and/or prison[7]
Electrical installation report (EICR)At least every 5 years, and before a new tenancyBefore move-in; within 28 days of each inspection[8]£40,000[9]
Smoke and CO alarmsTested on the first day of every tenancyNo copy needed; keep a record[10]£5,000[10]
Energy Performance Certificate (EPC)Valid for 10 yearsA free copy for the person who becomes the tenant[11]£5,000 per property[2]
Deposit protectionWithin 30 days of receiving the depositPrescribed information within 30 days[3]1 to 3 times the deposit[12]
Right to Rent checkBefore the tenancy startsNot applicable£5,000 to £20,000[13]

Gas safety

If the property has gas appliances or flues, a Gas Safe registered engineer must check each one every 12 months. The duty comes from the Gas Safety (Installation and Use) Regulations 1998.[7] You can have the check done up to two months early without losing your original anniversary date.[7]

  • Give new tenants the record before they move in, and existing tenants a copy within 28 days of each check.[7]
  • Keep each record for two years.[7]
  • The Health and Safety Executive says failure can lead to “a substantial fine and/or a custodial sentence”.[7]

Electrical safety

Under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, the electrics must be inspected and tested by a qualified person at intervals of no more than five years, and before a new tenancy begins. If the latest report gives an earlier re-inspection date, that date applies.[14]

  • New tenants get the latest report before they move in; existing tenants within 28 days of the inspection; the council within 7 days if it asks in writing.[8]
  • If the report says work is needed, it must be done within 28 days of the inspection, or sooner if the report says so. You then confirm in writing to the tenant and the council within 28 days of finishing.[14]

Smoke and carbon monoxide alarms

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, as amended in 2022, require:[10]

  • at least one smoke alarm on every storey that has a room used as living accommodation;
  • a carbon monoxide alarm in any room used as living accommodation that has a fixed combustion appliance. Gas cookers are excluded, but gas, oil, coal and wood appliances are all covered since 2022;
  • each alarm tested on the day the tenancy begins, with a record kept, and repaired or replaced once you are told of a fault.

If the council finds a breach it serves a remedial notice, and failing to comply can mean a penalty of up to £5,000.[10]

Energy performance

This is the area with the most change coming, so it is worth being precise about what is law today and what is only confirmed policy.

  • Today: a property must be rated at least E. A property rated F or G cannot be let unless an exemption is registered, with a maximum penalty of £5,000 per property.[2]
  • Before you market it: an EPC must be commissioned before a property is marketed, unless a valid one already exists. It is valid for 10 years, and the person who becomes the tenant must be given a free copy.[11]

Planning ahead is still sensible: look up your current rating on the government’s EPC register now, and see how our buying costs calculators and management options can help you budget for improvements.

Deposits and money paid up front

  • Protect the deposit within 30 days of receiving it, in a government-approved scheme, and give the tenant the prescribed information in the same 30 days.[3] The schemes are the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme.[15]
  • If you do not, a court must order you to pay between one and three times the deposit.[12] Since 1 May 2026 the deposit rules also underpin most possession claims, because a court will only grant most orders if the deposit was properly protected or has been returned.[16]
  • Caps: a deposit is capped at five weeks’ rent (six if the annual rent is £50,000 or more), and a holding deposit at one week’s rent.[17]
  • No rent before signing. Since 1 May 2026 you cannot ask for rent before the agreement is signed.[17]

The full list of payments you may take from a tenant is in our tenant fees page. Breaching the Tenant Fees Act can lead to a penalty of up to £5,000, and up to £30,000 or prosecution for a repeat breach within five years.[17]

Right to Rent checks

You must check that every adult who will live in the property as their only or main home has the right to rent in England, whatever their nationality. Children under 18 are not checked.[13]

  • Online: most people with an immigration status prove it with a share code, which starts with “R”, is valid for 90 days, and is checked with their date of birth on the government’s service. You must check it there yourself, because a screenshot from the tenant is not enough.[13]
  • Manual: checking original documents in person or by live video call, and keeping copies for the tenancy plus one year.[13]
  • British and Irish citizens cannot get a share code and can use a manual check, or a certified digital identity provider if they choose to.[13]
  • For people with time-limited rights, the check is done no earlier than 28 days before the tenancy starts.[13]
Civil penalties for failing the check (guide in force from 1 October 2026)
First breachRepeat breach within 3 years
Lodger£5,000£10,000
Occupier£10,000£20,000

Repairs and the condition of the home

  • Repairs. Under section 11 of the Landlord and Tenant Act 1985 you must keep in repair the structure and exterior, the water, gas, electricity and sanitation installations, and the space and water heating.[18]
  • Fit for human habitation. The Homes (Fitness for Human Habitation) Act 2018 means the home must be fit to live in at the start of the tenancy and throughout it. The government’s landlord guide says there are no new obligations beyond that, and a tenant who is let down can take a breach-of-contract claim.[19]
  • Health and safety hazards. Councils inspect homes against the Housing Health and Safety Rating System. For the most serious (category 1) hazards the council must act, and the government’s guidance sets a civil penalty of up to £7,000, rising to up to £40,000 for not complying with an improvement notice.[20]
  • Legionella. You must assess the risk, but most landlords can do this themselves and no “legionella certificate” is required.[21]

The paperwork tenants must be given

If you are not sure you have met these duties, ask our lettings team. We prepare tenancy paperwork and the notices described in our Renters’ Rights Act guide.

Keeping on top of it all

  1. 1

    Diarise the dates that repeat

    The gas check every 12 months, the electrical inspection at least every five years, and the day each deposit needs protecting.

  2. 2

    Keep a file for every property

    Certificates, the EPC, deposit documents, the Right to Rent evidence and the alarm test record. It is what a council will ask for first, and it will be needed for the landlord register that opens in London in 2027.

  3. 3

    Check licensing before you let

    Some properties in Enfield, Haringey and neighbouring boroughs need a licence. Start with our licensing guide.

  4. 4

    Decide who does the work

    We can arrange the certificates and, on our managed services, handle the rest. See services and fees for what is included and what each certificate costs.

Sources

Every figure and rule above comes from one of these, read in October 2026. The dates are the ones each publisher shows as when the page was last updated.

  1. [1]Private renting: your landlord’s safety responsibilities (opens in a new tab)GOV.UK
  2. [2]Domestic private rented property: minimum energy efficiency standard (landlord guidance) (opens in a new tab)GOV.UK · page updated 5 May 2026
  3. [3]Housing Act 2004, section 213: requirements relating to tenancy deposits (opens in a new tab)legislation.gov.uk
  4. [4]Improving the energy performance of privately rented homes: government response (opens in a new tab)GOV.UK (Ministry of Housing, Communities and Local Government) · page updated 21 January 2026
  5. [5]How to rent: the checklist for renting in England (withdrawn) (opens in a new tab)GOV.UK · page updated 1 May 2026
  6. [6]The Renters’ Rights Act Information Sheet 2026 (opens in a new tab)GOV.UK (Ministry of Housing, Communities and Local Government) · page updated 8 June 2026
  7. [7]Gas safety: landlords and letting agents (opens in a new tab)Health and Safety Executive · page updated 6 November 2024
  8. [8]Electrical safety standards in the private and social rented sectors: guidance (opens in a new tab)GOV.UK (Ministry of Housing, Communities and Local Government) · page updated 1 November 2025 (published)
  9. [9]The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, regulation 11 (opens in a new tab)legislation.gov.uk
  10. [10]The Smoke and Carbon Monoxide Alarm (England) Regulations 2015: Q&A booklet (as amended in 2022) (opens in a new tab)GOV.UK (Department for Levelling Up, Housing and Communities) · page updated 29 July 2022
  11. [11]A guide to energy performance certificates for the marketing, sale and let of dwellings (opens in a new tab)GOV.UK · page updated 11 December 2017
  12. [12]Housing Act 2004, section 214: proceedings relating to tenancy deposits (opens in a new tab)legislation.gov.uk
  13. [13]Landlord’s guide to right to rent checks: 1 October 2026 (opens in a new tab)GOV.UK (Home Office) · page updated 1 October 2026
  14. [14]The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, regulation 3 (opens in a new tab)legislation.gov.uk
  15. [15]Deposit protection schemes and landlords (opens in a new tab)GOV.UK
  16. [16]Renters’ Rights Act: an overview for landlords (opens in a new tab)GOV.UK (Ministry of Housing, Communities and Local Government) · page updated 1 May 2026 (published)
  17. [17]Fees you can charge as part of a tenancy (opens in a new tab)GOV.UK · page updated 7 July 2026
  18. [18]Landlord and Tenant Act 1985, section 11: repairing obligations in short leases (opens in a new tab)legislation.gov.uk
  19. [19]Guide for landlords: Homes (Fitness for Human Habitation) Act 2018 (opens in a new tab)GOV.UK · page updated 6 March 2019 (published)
  20. [20]Housing Health and Safety Rating System (HHSRS): landlord and agent guide (opens in a new tab)GOV.UK · page updated 16 September 2026
  21. [21]Legionella risks: landlords’ responsibilities (opens in a new tab)Health and Safety Executive · page updated 30 September 2024
  22. [22]Extending Awaab’s Law to private rented tenancies and to licences (consultation) (opens in a new tab)GOV.UK (Ministry of Housing, Communities and Local Government) · page updated 9 October 2026 (opened)
  23. [23]The new Decent Homes Standard: policy statement (opens in a new tab)GOV.UK (Ministry of Housing, Communities and Local Government) · page updated 28 January 2026
  24. [24]Written information you need to give to your tenant (assured tenancy agreements: a guide for landlords) (opens in a new tab)GOV.UK

This is a general guide to the rules in England, not legal or tax advice. Your own circumstances, and your lease or mortgage terms, may change what applies, so check the sources below or speak to a solicitor or accountant before you act.

Talk to lettings

Not sure which level is right?

Talk to our lettings team and we will help you pick the right service for your property and how involved you want to be.

Photo by Jakub Żerdzicki on Unsplash (opens in a new tab)