Conduct ‘Right to Rent’ checks

One of your primary legal obligations as a landlord is to verify whether a tenant is eligible to rent in England. You can find more information on how to do this here

Protect tenancy deposits

When entering into a tenancy agreement, you may request a deposit from the tenant as a security measure against damage or unpaid bills at the end of the tenancy. But remember, the deposit belongs to the tenant.

Since June 1, 2019, there are limits on the amount you can ask for as a tenancy deposit:

• For annual rents below £50,000, the deposit is capped at five weeks’ rent.
• For properties with annual rents of £50,000 or higher, the deposit is capped at six weeks’ rent.

For assured shorthold tenancies created since April 6, 2007, you must also protect the deposit using a government-approved deposit protection scheme, and provide the tenant with information about how the deposit is protected. You, or your letting agent, must do this within 30 calendar days from the day you receive it.

Failure to protect the deposit and provide the necessary information can lead to the tenant taking legal action against the landlord, which could result in return of the deposit and a penalty of one to three times the deposit amount. More information about tenancy deposit schemes is available here

Provide necessary documentation

Before the tenancy agreement is signed, you must provide the tenant with the necessary documentation. These include:

• How to Rent Guide
• Energy Performance Certificate (EPC)
• Gas Safety Certificate (where gas is supplied)
• Electrical Installation Condition Report

Note that you will not be able to evict a tenant using a Section 21 eviction notice if you have not provided them with these documents.

Ensure your property is free from serious health and safety hazards

You are legally responsible to repair any damage to:

• the exterior and/or structure of the property
• sinks, baths, toilets, pipes and drains
• heating and hot water
• chimneys and ventilation
• gas appliances
• electrical wiring
• common parts of a building, such as entrance halls, communal stairways and shared kitchens

Obtain a licence (if applicable)

You must get a licence for your property if it needs one – for example, an HMO property. Learn more about licensing.

Provide your contact details

You must make sure your tenant has your correct contact details or those of your agent. This includes a telephone number they can use in case of emergencies.

According to section 48 of the Landlord and Tenant Act 1987, you are required to provide your tenant with your name and a valid address (within England or Wales) where they can serve notices. Until you fulfil this requirement, the rent under the tenancy agreement is not lawfully due, and the tenant may withhold it.

Smoke and Carbon Monoxide Alarms

You should test the smoke and carbon monoxide alarms before the start of the tenancy and give the tenant evidence that the alarms are in working order, Tenants should then regularly check they are working during the tenancy.