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Draft my landlord guidance — free preview →RESIDENTIAL LANDLORD GUIDANCE
Private Rented Sector — England | Key Obligations and Best Practice
This Guidance is intended to provide residential landlords in England with a practical overview of their key legal obligations, best practice recommendations, and the principal risks of non-compliance. It is not a substitute for legal advice and should be read alongside current government guidance and up-to-date legislation.
1. STARTING A TENANCY — PRE-TENANCY REQUIREMENTS
Energy Performance Certificate (EPC)
Landlords must obtain a valid EPC for any property let or marketed for let. The EPC must have a minimum rating of E under the Minimum Energy Efficiency Standards (MEES) introduced by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. Letting a property with an F or G rating is unlawful unless a valid exemption is registered on the PRS Exemptions Register. The EPC must be provided to prospective tenants before they commit to a tenancy and to the tenant at the start of the tenancy. EPCs are valid for 10 years.
Gas Safety
All gas appliances, fittings and flues must be checked annually by a Gas Safe registered engineer. The engineer must issue a Gas Safety Record (CP12). A copy must be provided to existing tenants within 28 days of the check and to new tenants before they move in. Records must be retained for at least 2 years. Failure to comply is a criminal offence under the Gas Safety (Installation and Use) Regulations 1998 and can result in prosecution, unlimited fines and imprisonment.
Electrical Safety
Under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, all electrical installations must be inspected and tested by a qualified electrician at intervals of no more than 5 years. The resulting Electrical Installation Condition Report (EICR) must be provided to existing tenants within 28 days and to new tenants before or on the first day of the tenancy. Any remedial work identified in the EICR must be completed within 28 days (or a shorter period if specified).
Smoke and Carbon Monoxide Alarms
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 require: at least one smoke alarm on every storey where there is a room used as living accommodation; a carbon monoxide alarm in every room containing a fixed combustion appliance (excluding gas cookers). Alarms must be in working order at the start of each tenancy. After that, tenants are responsible for testing and replacing batteries. The landlord is responsible for replacing faulty alarms.
How to Rent Guide
The Government's "How to Rent" guide must be provided to every tenant at the start of their tenancy (or when a fixed term becomes periodic). The guide must be the current version published by MHCLG. If the guide is updated during a tenancy, a new copy must be provided before any Section 21 notice is served. Failure to provide the guide prevents a landlord from serving a valid Section 21 notice.
Right to Rent
Under the Immigration Act 2014, landlords must check that all adult occupiers (not just named tenants) have the right to rent in England before the tenancy begins. Checks must be carried out on original documents or via the Home Office online checking service (for those with digital immigration status). Copies must be retained. Time-limited right to rent must be re-checked before the leave expires. Civil penalties for non-compliance range from £1,000 to £20,000 per occupier (increased in 2024).
2. THE TENANCY DEPOSIT
Any deposit taken for an AST must be protected in one of three government-approved schemes within 30 days of receipt: the Deposit Protection Service (DPS); MyDeposits; or the Tenancy Deposit Scheme (TDS). The Prescribed Information (including the scheme's terms and conditions and a leaflet explaining the tenant's rights) must also be served on the tenant within 30 days.
Failure to protect the deposit or serve the Prescribed Information on time renders the landlord liable to a penalty of between 1 and 3 times the deposit amount (awarded by a court). It also prevents the landlord from serving a valid Section 21 notice until the deposit is either protected or returned.
The deposit cap under the Tenant Fees Act 2019 is 5 weeks' rent (for annual rent under £50,000) or 6 weeks' rent (for annual rent of £50,000 or more). Taking a deposit above the permitted cap is a criminal offence.
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The law of England and Wales by default; Scotland and Northern Ireland are available where the document type exists there. The drafting notes behind each template are kept current with UK law.
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