What new landlords need to know about renting out residential property in England: A practical guide

Review any mortgage conditions, superior lease restrictions, insurance requirements and necessary consents before the property is marketed.

A large HMO generally requires mandatory licensing where it is occupied by five or more people forming more than one household and facilities are shared. Smaller properties may still require additional or selective licensing depending on the local authority. Check with the local council; most councils provide this information on their websites.

Commission a valid EPC if one is not already available. The current general minimum standard for privately rented homes remains EPC E unless a valid exemption applies. Keep the certificate and any exemption evidence.

Where gas is supplied, relevant appliances and flues normally require a Gas Safe safety check every 12 months. Keep the Gas Safety Record and evidence of giving the required record to the tenant.

The fixed electrical installation must normally be inspected and tested at least every five years, or sooner if the report requires. Keep the EICR, remedial-work records and evidence supplied to the tenant.

At least one smoke alarm is required on each storey on which there is a room used as living accommodation. A carbon monoxide alarm is required in any room used as living accommodation containing a fixed combustion appliance, excluding gas cookers. Prescribed alarms must be working on the day a new tenancy begins.

Landlords should identify and control Legionella risk. In an ordinary domestic property this will often be a simple risk assessment. Health and safety law does not generally require a routine “Legionella test certificate”.

Written advertisements must state a specific asking rent. Do not ask for, encourage or accept an offer above that advertised rent, nor permit rental bidding wars.

Carry out the prescribed Right to Rent check for every prospective adult occupier before the tenancy starts, including adult occupiers who are not named as tenants. Keep the required evidence and date of the check, and diary any required follow-up check.

Use consistent, proportionate criteria. The Renters’ Rights reforms prohibit discriminatory practices based simply on a prospective tenant having children or receiving benefits. Affordability checks should therefore focus on actual income and ability to pay rather than blanket exclusions.

Do not recycle an old fixed-term AST. For tenancies created after 1 May 2026, prescribed key tenancy information must be given in writing before the tenancy is signed or otherwise agreed. A properly drafted written agreement can incorporate that information.

Rent cannot be asked for, encouraged or accepted before the tenancy agreement has been signed. During the “pre-tenancy period” after signature but before the tenancy starts, the normal maximum is one month’s rent for a monthly tenancy, or 28 days’ rent where rent is not monthly, subject to limited exceptions.

Prepare a detailed inventory supported by dated photographs. Record cleanliness, existing damage, furniture, appliances, meter readings, keys, gardens and outside areas. Ask the tenant to confirm it or identify corrections shortly after check-in.

Check the prescribed smoke and carbon monoxide alarms on the day the tenancy begins and retain a written record. A signed check-in or inventory is one practical way of recording this.

Monthly rent multiplied by 12 then divided by 52 – this calculates the weekly rent.
The weekly rent can then be multiplied by 5 if below £50,000 or by 6 if above £50,000.

Where a tenancy deposit is taken, it must normally be protected in a Government-approved tenancy deposit protection scheme within 30 days of receipt. The required prescribed information must also be given within that 30-day period.

proof of receipt; the protection certificate or scheme reference; the prescribed information; evidence of service; the signed agreement; and details of any third party who paid the deposit on the tenant’s behalf.

Protect the deposit promptly. Do not treat day 30 as the target date. If a deposit deadline has been missed, obtain advice rather than assuming late protection cures every consequence.

A holding deposit is different from a tenancy deposit and is generally capped at one week’s rent. The rules governing when it may be retained or must be repaid should be followed carefully.

Since 1 May 2026, landlords cannot use large advance-rent demands as a routine affordability tool. In the ordinary monthly tenancy, the normal pre-tenancy maximum is one month’s rent after the agreement is signed and before the tenancy begins, subject to limited statutory exceptions.

After an important telephone call, send a short email confirming what was agreed. “Further to our conversation, just to confirm…” is often enough.

For an ordinary assured periodic tenancy, use the statutory section 13 process. Contractual rent review clauses should not be relied upon for new increases after 1 May 2026.

“The rent is going up by £100 next month” by text or email alone. Discussion can be sensible, but it does not replace the statutory process.

*If rent is challenged, note that until determined by the tribunal, the rent charged must remain as pre-reviewed rent.

Section 21 has been abolished for ordinary private assured tenancies. A landlord who needs possession must normally rely on an applicable statutory ground and use the correct section 8 procedure. Different grounds have different conditions and notice periods.

Take advice before serving a possession notice, particularly where possession is sought because of sale, landlord / family occupation, rent arrears, anti-social behaviour, breach, redevelopment or another statutory ground.
Never attempt a self-help eviction by changing locks, removing possessions, cutting services or pressuring an occupier to leave outside the lawful process.

Take advice now. Do not simply issue a new agreement retrospectively on the assumption that this automatically regularises the position.

Do not spend heavily solely to satisfy an assumed future standard. Keep the property’s EPC and likely improvement options under review, and re-check the final regulations before committing to major works.