1. The Property Checklist England

Housing law in England changed on 1 May 2026 when the Renters Rights Act 2025 came into force.  We have updated this checklist to take account of the new rules.  For more information on the new legislation, see our Renters’ Rights Act Information Centre.

The Property ChecklistsA step-by-step guide to help you deal with all legal and other issues so your property can be rented out.

This version of the checklist is for properties in England.  For properties in Wales, see the checklist here.

The checklist is mostly about preparing the property itself, but we include a few other items which need to be sorted out before the property is advertised for let.

To open and close the sections below, click the white + and – icons on the blue bars.  For the other checklists, see the menu on this page.

Index:

Introduction
Property basics
Permission to rent
Things  you should do
And finally

Introduction

Completing a checklisrtThis is the first of several checklists on Landlord Law – this checklist is for landlords of properties in England, to help you get your property ready and prepare generally for renting out. It covers all the things you need to do BEFORE you advertise it to let.

The checklist boxes give a summary of the topic, provide some of our videos for you to watch, and link out to more detailed content on the site (and also on the internet), so you can read more.

Before you start, we would strongly recommend that you watch the following (Business Level members only) :

  • Tessa’s series of training webinars on preparing for the Renters Rights Act  all found here, together with
  • Tessa’s Masterclass on the Renters Rights Act.
  • The recording of our training video with Dave Princep, recorded on  8 May 2019, which you will  find here.  This is rather old but very helpful on preparing properties to rent.

Property Basics

Whether a property is in England or in Wales is becoming increasingly significant.

WalesLaw in Wales

After a referendum 1997, the Government of Wales established the National Assembly for Wales and devolved powers were transferred to the Assembly in 1999.  The devolved powers include Housing.

Pursuant to those powers, two major acts have been passed,

  • The Housing Wales Act 2014. Under this act, all landlords and agents must be registered with Rent Smart Wales. Letting agents and landlords wanting to manage their own properties will also need to be accredited – which involves undertaking training and paying a higher fee.
  • The  Renting Homes (Wales) Act 2016 – this profoundly changed landlord and tenant law in Wales after December 2022.  

However, legislation passed prior to 1999 will normally apply to both England and Wales.

Since 1997 most housing-related laws and regulations that have been passed are either just in respect of England or England and Wales have published different (albeit often identical) sets of regulations.

If your property is based in Wales you should use our Welsh checklists, which you can  find here.  Links to our other Welsh content can be found  here.

First – you may want to watch this short video clip (from one of our workshops) where Tessa explains the difference between freehold and leasehold:

You need to be aware of the following points:

If the property is freehold

There are unlikely to be any restrictions on your right to rent the property to tenants.

If the property is Leasehold

There are basically two types of leasehold property:

  • Long leases – over 7 years (when they need to be registered at the Land Registry) although they are generally much longer, eg 100 years.  Often, there are restrictions on subletting – see the separate section on this below.
  • Short leases, generally called tenancies, which are generally under 7 years although in most cases fixed terms are much shorter, usually 6 months or a year.  Subletting is a tricky area of law – see the section on ‘rent to rent’ below.
Be aware that under the Renters Rights Act 2025, on 1 May 2026, all assured shorthold tenancies converted to assured periodic tenancies (APTs).  Fixed terms are now abolished for the majority of tenancies in England.

If the property is on a boat

It is perfectly possible to rent out accommodation on a boat.  But if you do, it is important to realise that this cannot be a tenancy.  It can only be a residential license.

This was held in two important legal cases:

Both of these cases confirmed that a tenancy has to be in respect of ‘land’.  As a boat floats on water, it cannot, therefore, be the subject of a tenancy.

Perhaps the most significant differences to mention here are:

  • You should use a license agreement, not a tenancy agreement (using a tenancy form cannot turn the occupation into a tenancy).
  • Deposits do not need to be protected in a scheme
  • The section 8 eviction procedure does not apply

You can find out more about residential licenses here.

Landlords often rent out either a self-contained part of the building that they live in, or a room in their own part of the building.  For example, if they have a spare bedroom.

If you are a resident landlord this will have a significant effect on the occupation type of your occupiers.  There are basically two situations:

Lodgers

“Lodger” is not strictly speaking a legal term, but it is generally taken to refer to someone who lives in their landlords home and who shares living accommodation.

In the vast majority of cases, a lodger will be a licensee, not a tenant.  However, even if a landlord does grant a tenancy of, say, the spare bedroom – this will not enhance the tenants’ rights much.

This is because occupiers who share living accommodation with their landlord are excluded from protection under the Protection from Eviction Act 1977 – which means that the landlord can evict them without a court order.

To find out more about the law relating to lodgers and their landlords please see the separate website Lodger Landlord.

We do however have the following documentation on Landlord Law:

Self-contained accommodation

This is typically where a landlord will rent out part of the building they live in – for example, a ‘granny annexe’ or ‘garden flat’.  Or maybe the owner of a large building will convert it to flats to rent to tenants and live in one themselves.

In this sitution, the occupiers will almost certainly acquire a tenancy.  However, it will not be an assured tenancy.  This is because the Housing Act 1988 (which is the act which set up and regulates most tenancies today) specifically excludes tenants with owner-occupiers living in the same building.

So the tenancy will be an unregulated ‘common law’ tenancy.

The main differences are that:

  • Deposits taken do not need to be registered with a scheme
  • The section 8 procedure does not apply – instead, landlords should use a Notice to Quit to terminate a tenancy once the fixed term has ended.  During the fixed term, the tenants can be evicted using forfeiture for non-payment of rent.

You will find more information about common law tenancies here.

Finally, note that if the landlord owns two (or more) flats in a purpose-built block of flats, lives in one and rents the other to tenants, that WILL be an assured tenancy), as the exemption only applies to flats created by conversion.

The Renters Rights Act (which mainly amends the Housing Act 1988) does not (for the most part) affect common law unregulated tenancies, as these are excluded from protection under the Housing Act 1988 (in Schedule 1). 

So there will be an additional difference between Housing Act assured tenancies and common law tenancies – common law tenancies can have fixed terms, whereas assured tenancies will all be periodic.

‘Rent to rent’ is where a property owner rents out a property to a tenant specifically so that tenant can sublet the property.

When it works well, the property owner gets a regular income from the property but is not bothered by any of the work involved.  This is all done by their tenant, who gets his income from the difference between the rent he pays the property owner and the income he gets from the subtenants.

However, this arrangement can go spectacularly wrong and property owners need to be very careful indeed before entering into a rent to rent arrangement.

This is particularly the case since the coming into force of the Renters Rights Act 2025 (see below).

Even before this, rent-to-rent could be problematic for landlords.  For example see the video here which is of a talk by solicitor David Smith at our 2018 Conference.

Note that as the agreement between the property owner and his tenant is not a residential one (as the tenant does not live there – he sublets it out) this is not a ‘residential tenancy’ and cannot be an assured tenancy.  Landlord Law only covers residential tenancies, so we do not have any agreements suitable for rent-to-rent situations on the site.

Rent to rent and the Renters’ Rights Act

Although there are many well-run and legally sound rent-to-rent arrangements, the procedure is frequently used by rogue and criminal landlords.  For example, a landlord will rent to a limited company without assets, so if the tenants seek compensation, they may win their case but will not be able to enforce their award.

For this reason, rent-to-rent arrangements were targeted by the government when drafting the Renters Rights Act.  The following measures will make entering into a rent-to-rent arrangement significantly less attractive now the Act is in force:

  • Landlords are longer be entitled to vacant possession at the end of a rent-to-rent agreement
  • The case of Rakusen v. Jepson has been reversed, meaning that property owners can be liable (e.g., for rent repayment orders) even though they are not the direct landlord and even though they may not be responsible for the subject matter of the penalty or fine
  • Rent repayment order awards have increased, with the maximum award going up to 24 months’ worth of rent.  See more here.
  • There are now heavier fines and penalties generally for non-compliance with the rules – and bear in mind that the property owner will be liable for the acts or omissions of their tenant in a rent-to-rent situation.

Members can find out more about Local Authority Enforcement here.

In view of these changes, we do not recommend that property owners enter into a rent-to-rent arrangement.

The only exceptions could be rent-to-rent arrangements with Local Authorities and Universities.  And perhaps some charities. 

However, we strongly advise that you take legal advice before committing yourself.

This is perhaps one of the most important things that you do.

If someone wants to fraudulently mortgage your property – where will the notification of this from the Land Registry be sent?  The property.  So if the fraudster is your tenant – the notification will go to him and you will know nothing about it.

In a case in 2008, Barclays Bank v. Guy, Mr Guy’s property was wrongly transferred into the fraudsters name at the Land Registry and a mortgage was taken out.  The Court of Appeal held that Mr Guy could get the property transferred back into his name at the Land Registry but it would still be bound by the mortgage as Barclays Bank had granted it in good faith relying on the Land Registry entries.

The way to avoid this is to ensure that your contact details at the Land Registry are up to date and to sign up for Property Alerts.  Which is free.

You can also register a restriction – means that the Land Registry will not register a ‘dealing’ with your property, for example, a transfer or a mortgage, unless a solicitor or other professional conveyancer certifies that they have checked the identity of the person who has signed the deed.

You can find out how to protect your property at the Land Registry here.

MAKE SURE YOU DO IT!

See below a clip from David Smith’s talk on rent to rent where he discusses the importance this:

Permission to rent

If your property is leasehold, you should ALWAYS check your lease before renting to tenants.  Leases often prohibit subletting (sometimes called ‘alienation’) – either altogether or will make subletting conditional upon permission being granted. In which case you may need to pay a fee (which must be a ‘reasonable’ fee).

As a general rule, newer leases are more likely to prohibit alienation than older ones.

If your property is owned on a long lease, you may want to watch a talk by housing barrister Robert Brown from the 2017 Landlord Law Conference.  But be aware that this was delivered before the Renters Rights Act changes.

If you want to see Roberts’ notes and the powerpoint, these can be found on the 2017 Conference page.

Note that there are changes being made to the legislation covering long leases, for example, under the Leasehold and Freehold Reform Act 2024.  However, in the main, these are not covered on Landlord Law as our service is limited to short lets.  Although we do sometimes provide a training webinar on long leases for our members who own long lease property

The Renters Rights Act

Note that this amends long leases where landlords are permitted to sublet but subject to a specified fixed term, to allow periodic tenancies.

If you own your property subject to a mortgage, be aware that these will often restrict what you are allowed to do at the property.

For example, if you have an ordinary mortgage you may not be allowed to rent out the property at all.  You will need to contact your mortgage provider and see if they will agree to amend the mortgage to give you permission.  If they give permission in an email or letter – make sure you keep it carefully in case they deny this later.  If they do not agree, you will need to remortgage and get a special ‘buy to let’ mortgage.

Even if you have a buy-to-let mortgage, you need to check whether there are any conditions.  For example, your mortgage may prohibit:

  • Letting to tenants on benefit (although these clauses are now outlawed by the Renters Rights Act)
  • Renting the property as an HMO
  • Allowing subletting (including allowing tenants to take in a lodger)

Make sure, before you proceed with plans to rent out your property, that you will not find yourself in trouble with your mortgage company.

If you want advice, you can book a telephone advice call with one of our panel solicitors via our service.  You will need to have a copy of your mortgage deed available for the adviser to see.

The Renters Rights Act

If your mortgage permits subletting but subject to a minimum fixed term, note that the Renters Rights Act amends mortgage terms to permit subletting on a periodic tenancy basis.  This is necessary as the Act outlaws fixed terms and most tenancies will now be assured periodic tenancies.

If you are renting out a residential property (ie a house or a flat) you will not normally have any planning issues.

Planning issues normally arise when you are looking to change the use of a property from one type to another.  So if you are seeking to convert an industrial property to a residential block of flats for example.

There are also sometimes planning issues if you are looking to convert a normal residential home to an HMO.

Planning is a complex area of law and we do not have expertise here at Landlord Law on planning issues.  If you are concerned about a planning issue you should seek advice either from your Local Authority or a planning expert.

Members will find a video recording about planning issues here.

Things you should do

Agents boards

Many landlords use a letting agent to manage their property.  Particularly ‘small landlords’ – those with just one or two properties.

However, if you are a landlord, would you be able to do this work yourself – and save yourself a lot of money?

One of the reasons Landlord Law exists is to support landlords who want to self-manage their properties – either to save money because they have had a bad experience or just because they want to.

However, although many landlords are perfectly capable of doing a good job, with a bit of (Landlord Law!) help – for some landlords, it will not be a good idea.

In order to help you decide whether you should self-manage or not, we have one of our ‘trails’ which starts here.  It is not a long trail but it does have a lot of useful information which can help you make up your mind.

If you decide to use an agent

You need to be very careful in your choice.  The agency will have control over a very valuable asset – your property!  You need to be sure that they know what they are doing.

For example, now that the Renters Rights Act is in force, they may make you liable for penalties and fines if they breach any of the new rules.  Find out more about this in our Dealing with Local Authority Enforcement Kit.

You also need to be sure that they are a genuine letting agency and not a criminal organisation.  For example, see this article in the Guardian.

So read carefully this article, which has guidance on what you should do and the things you should check. You may also find this Landlords Checklist – which has a list of questions you should ask, very helpful.  In addition, we have quite a lot of FAQ on letting agents, which are all listed here.

Remember – some agents are fantastic and worth their weight in gold.  Others can be an absolute nightmare.  You need to avoid nightmare agents and try to find a good one!

Bank

When you manage property you need to keep a grip on the finances.  If you are going to rent out property to tenants it is often a good idea to use a separate bank account for this rather than muddle everything up with your current account.

This makes things a lot easier for your accountants when preparing your tax return but perhaps, more importantly, can help you see how your landlord business is doing and whether your properties are actually making you money (and if you own more than one property – which are the most profitable and why).

With a separate account, you can get your tenants to pay all rent into it and use it for payment of all property-related expenses.

One account you may want to consider is Hammock.  They have an ‘open banking’ service which you can use to view all your property-related expenses.  Or you can use their special landlord current account which can help you organise expenses by property so you can really see what is going on.

You can find out more in the video linked from here.

A similar service is Alphaletz, which we look at in a later section.

Horrified woman

There are many regular tasks you need to do as a landlord so you need to have some sort of reminder system so you don’t forget about them. For example, you need to:

  • Carry out the annual gas safety check
  • Carry out the regular electrical checks
  • Renew your HMO or selective licence with the Local Authority or
  • Check to see if you now need to get a license (many Local Authorities are setting up new schemes)
  • Do regular inspections of the property
  • etc

It is particularly important when it comes to things like applying for or renewing selective or HMO licenses, as the penalties for failing to do this can be very expensive indeed.

Local Authorities have also acquired new enforcement powers and higher penalties under the Renters Rights Act 2025.

Regular reminders can be set up on online calendars, and/or you can use an app.  But make sure you have something reliable.

There is a lot of record-keeping when managing property.  Some landlords will use spreadsheets, but you can make life easier by using an app.

There are several services on offer.  For example:

  • The Hammock online service discussed in a previous section is a good choice as is
  • Alphaletz, another app based service which is explained in the video below:

Your app will normally also have a reminder system which will ensure that you don’t forget anything.

RentThis is an important consideration.

Landlords now have to cite a ‘proposed rent’ in all adverts (apart from on to let boards), and this rent must be the same on all adverts.

This is part of the government’s determination to stamp out ‘rental bidding’ which had the effect of pushing the rent up to unaffordable levels.  It is hoped that this will be prevented by the new rules.

There are penalties for failing to comply with these rules which are explained here.

However, landlords need to be careful not to make the proposed rent too high.  Even if you find a tenant willing to pay a very high rent, be aware that, the rent can be challenged at the First Tier Tribunal, in the same way that rent increases under section 13 can be challenged.  

So you need to find a rent which is sufficient to cover all your costs and give you a decent profit, but is not so high that it is vulnerable to being reduced by the First Tier Tribunal (if the tenant challenges it) on the basis that it is not a market rent.

This may be a difficult task for many landlords, and so you may want to seek advice from a letting agency or valuer.

Government and the authorities are clamping down more and more on HMO properties, so if your property is an HMO, you need to be sure that you are compliant.  So – what is an HMO?

Basically, an HMO is where there are three or more tenants forming two or more households.

Find out more about this in the FAQ here.

If your property is an HMO, then there are two consequences:

  • You need to comply with the HMO Management Regulations (there are separate regulations for England and Wales, but they are  very similar), and
  • You may need to get an HMO license.

So far as licensing is concerned:

  • You MUST get a license if your property has (or will have) five or more occupiers forming two or more households
  • You MAY need to get a license even if there are fewer than five occupiers (and/or in Wales, three storeys) if your Local Authority has a selective or additional licensing scheme in your area.
  • Although note that there are different rules for self contained flats.

And

  • Additional licensing is where a local authority wishes to licence landlords operating some type of HMO which is smaller than that required for mandatory licensing.  It is also used to bring flats (where there are different rules) into licensing.
  • Selective licensing is where all landlords in a specific area, even non-HMO landlords and flat owners, are required to obtain a license.

So, even if your property is not an HMO, you may still need to get a license.

Note that if you fail to apply for a license, then your tenants can apply for a Rent Repayment Order.  Which can be VERY expensive.

The first thing to do, therefore, is to check what the requirements are for your Local Authority.  You can do this via our Local Authority Directory.  But it’s probably best to contact your Local Authority directly.

Always do this before you let your property to tenants.  Otherwise, if you apply after the property has been let and your application is refused, you will be in serious difficulties.

Note that some Local Authorities refuse to accept licensing applications before tenants are in situ.  This is wrong, as having tenants without a license is breaking the law!  You may need to use solicitors to force them to accept your application.

The penalties for renting a licensable HMO without a license are fierce,  see here.

Note that Local Authorities will often require works to be carried out to a property as a condition of granting an HMO license so you should allow sufficient time for this. Below is short clip from David Smiths 2013 Conference talk with some tips about license applications:

Business Level Landlord Law members will find more guidance in

If your property is an HMO you should watch them all.  Be aware that they were recorded before the new rules under the Renters Rights Act 2025 came into force (which does not affect HMOs significantly).

If your property is an HMO (or even if it isn’t) you may want to do extra training.  You can find out when (or if) we are running a training event from our Training Page.

A few HMO examples

  • Husband and wife with two children – one household so not an HMO
  • Husband and wife with two children and the wife’s sister – one household so not an HMO
  • Husband and wife with two children and the husband’s best friend – licensable HMO as five occupiers in two households
  • Single parent with four children and live in nanny – not an HMO as one household
  • Two single parents with one child each, one of them pregnant – HMO (as two households) but not licensable until the baby is born which will bring the property into licensing
  • Four friends sharing a property – HMO but not licensable as under 5 occupiers
  • Four friends sharing with unauthorised lodger who they have not told you about – licensable HMO as five occupiers in two households

Note that in all of the above they MAY be subject to licensing if the Local Authority has introduced additional or selective licensing – so you need to check this.

Keep checking

Landlords should also check their Local Authority website regularly (at least every six months) to check whether a new scheme has been set up – as the fact that you did not know you had to get a license will be no defence to a prosecution or rent repayment order claim.

You will find links to all Local Authority websites from our Local Authority Directory.

Workman for repairs

There are now extensive regulations covering the condition of rented property.  Landlords must now

  • Ensure that there is nothing in ‘disrepair’ – as per the repairing obligations set out in section 11 of the Landlord and Tenant Act 1985 and discussed in this FAQ.
  • Ensure that properties are ‘fit for human habitation’ as per the rules added to the Landlord and Tenant Act 1985 by the Homes (Fitness for Human Habitation) Act 2018.  These are described in the video linked below (which is a training webinar delivered by solicitor Giles Peaker, who was part of the legal team which developed the act) and in the article here.

Giles Peaker

The fitness for human habitation rules are based in part on the Housing Health and Safety Rating System (HHSRS), which is discussed in two articles:

  • An introductory article here and
  • A much longer and more detailed article here.
  • Business Level members will also find information about the individual hazards in one of our Info Blocks.

Landlords should not be too worried about this.  If the property is in good condition and proper repair then you should have nothing to fear.  The legislation about unfitness for human habitation, in particular, is aimed more at the ‘rogue landlords’.

However, it is important that you take care that the property IS in a proper condition as the standards set in the HHSRS can now be enforced by tenants bringing a claim for rectification and compensation, rather than (as before) only being enforceable by Local Authorities.

It is important that landlords understand their obligations – so do read the articles and watch the videos.

The Renters Rights Act:

1. Decent homes

The Renters Rights Act provides for a new ‘decent homes’ standard for rented property.  This part of the Act is unlikely to come into force until the 2030’s as the government are expected to carry out a consultation and the regulations will need to be drafted.

However, when the new laws do come into force, they will allow standards to be enforced immediately – see the video clip below from David Smith at our Renters Rights Bill Conference 2025

You should make sure you have full records of all work done on the property, including receipts for payments made, certificates, compliance records and the like.  DO NOT throw away any of these records – you may need them if a complaint is made by your tenants.

2. Awaabs law

This will introduce strict time limits for landlords to deal with dangerous hazards in the home, with penalties for non compliance.

Again, this will not come into force for a while as the regulations need to be drafted.

In view of these new regulations, which will be in force in a year or so, if work is needed, landlords are advised to get this done ASAP.  When the regulations come into force, there will no doubt be a shortage of tradespeople as landlords rush to ensure compliance.

The Repairs Procedure

Life will be easier for you if you incorporate our Repairs Procedure into your tenancy (along with the other procedures).  You can see our repairs procedure here.

Drying clothes indoorsDamp, condensation and mould are three of the most common and problematic problems with the condition of rented properties.

Landlords generally just assume that it is down to ‘lifestyle issues’ and that tenants should just put the heating on and open the windows.

However, if you are a tenant experiencing financial problems due to the cost of living, putting the heating on is not something you may be able to afford.  And who wants to open windows if it is freezing cold or raining?

Ever since the death of toddler Awwab Ishak, the government has been concerned about damp and mould issues in rented properties and anxious to prevent further such deaths.  Needless to say the emphasis is on landlords to do more rather than on tenants to change their lifestyle!

There is also the fact that the fitness for human habitation legislation now makes it more difficult for landlords to avoid liability for damp and mould issues.

So landlords need to take precautions.  For example

  • If there is no outside space for drying clothes, make sure that tenants have somewhere indoors – for example fit a decent tumble dryer which is properly vented outside.  After all they have to dry their clothes somewhere.
  • Make sure that there is proper ventilation in the kitchen and bathrooms and that all double glazed windows have trickle vents (although many are sceptical about the value of trickle vents they are better than nothing).

In May and July 2024 we had two training webinars from EHO Paul Fitzgerald which went into a lot of detail on the causes of damp and mould and how to deal with them.

These have now been used to create an online Kit which Business Level members will find here.

We also developed a checklist, which you can  find here.

Non members can join here.  If you have a basic-level membership and want to upgrade your membership so you can use the Kit, you can use our switching service.

You should also take a look at the condensation damp and mould section in the Landlords Audit Kit.

The Renters Rights Act

As discussed in the previous section, the Act will bring in Awaabs law, which will give strict time limits for dealing with serious hazards, in particular, hazards relating to damp and mould.  Along with penalties for non compliance.  This is expected in the early 2030’s.

Landlords are advised to get any necessary work done ASAP.  Although the part of the act dealing with Awaabs law will not come into force immediately, it is coming.

If your property is particularly susceptible to dampness, you may want to consider selling it and getting a replacement property which is more likely to comply with the standards.

FireAll properties should be fire safe, and in all cases, you should take some time to consider how your tenants would be able to deal with and escape from a fire at your property.

New rules came into force with the Fire Safety Act 2021 which came into force on 16 May 2022.  Under this, all landlords will need to get a professional fire risk assessment done.

However, this need not be done immediately so long as you have completed the fire risk assessment tool.

This is explained in the FAQ here.

It is really important that proper precautions are taken over fire safety.  This has become particularly important after the Grenfell fire.

Failure to comply properly with the new rules can result in a custodial sentence so it is important that your fire safety duties are taken seriously.

Fire doors are essential for all properties, but in particular for HMOs.  If your property is an HMO, you should read the FAQ here.

InsuranceYou don’t HAVE to have insurance cover for your property, but you would be mad not to.  Your property is a very valuable investment – you need to have it protected.

However, you don’t want just any old insurance.  You need to have insurance which is designed for landlords renting property to tenants.

In particular, if you are renting out your own home (say while working abroad) and just carry on with your old insurance – they will almost certainly refuse to pay up on any claims if you did not tell them that you were renting it out and get their permission first.

Even if you do have insurance designed for landlords, you need to be careful about things such as exclusions and charges.  For example:

  • It may exclude cover for tenants who are asylum seekers or students
  • You need to know what fees will be charged and when – they can be quite expensive
  • You need to know whether malicious damage by tenants (for example) is included
  • You need to make sure you are not underinsured or any payouts may be less than your losses

We have the following resources for you on insurance matters:

Insurance is an important topic, and you can lose a lot of money if you do not have the right cover. So take great care in choosing your insurance product.  This is not something to be rushed.

Cover for flood damage

With climate change this is becoming increasingly important.

If you have not done so already, you should read the flood risk section in our Audit Kit.  Some insurers are withdrawing cover for flood damage so this could affect you if your property is in an area which is subject to flooding.

In some areas, whole towns are likely to become uninsurable as discussed in this article.  It may be worth selling properties vulnerable to flooding and reinvesting elsewhere.

Once you have chosen your insurance cover

You need to familiarise yourself with its terms so you can be sure that you are compliant – and that you stay compliant.  For example, are there any circumstances where you need to take special action or which could invalidate the insurance cover?

One possible issue could be if your tenants leave the property empty – will they require you to visit the property to check its condition and if so how often?  Make sure, once you know what the requirements are, that they are covered by the terms of your tenancy agreement.

Energy efficiencyAs the planet warms up, bringing climate change and extreme weather conditions – landlords have their part to play in the fight to halt the pending devastation.

  • First – all landlords must obtain an Energy Performance Certificate (EPC) as a copy must be provided to prospective tenants along with the property details.
  • Second – your certificate should give your property an EPC rating of not less than E.  There are exceptions but it is best to comply if you can.

We have a long article which looks at this here which please read and you should also watch the training videos with Dave Princep on the more practical issues and Robert Brown on the legal issues..

Note that if you obtained your EPC some time ago and it shows your property as having an EPC of F or G, it is worth getting it done again, as the basis upon which the grades are assessed has been changed.

We have some FAQ on energy efficiency which are linked below:

The Renters Rights Act

This will set up a landlord database, which is expected to go live some time after late 2026.

Regulations will provide for you to load electronic versions of certificates to the database, so it is important that you do not throw away any of your certificates, so you can be compliant once the database is live.

There will be serious penalties of up to £7,000 for non-compliance.

Gas applianceGas safety is extremely important.  If your property has gas then you MUST comply with the gas safety regulations.  This means:

  • Arranging for your property to be inspected by an installer registered with the Gas Safe Register (who will provide you with a certificate) before the property is let and annually thereafter, and
  • Giving copies of the certificates to the tenants, which should be done before they move in, and within 28 days for subsequent inspections.
  • Note that some HMO properties, e.g., bedsits, may not require a gas safety certificate, but if the property has gas, you should ideally obtain one for the building anyway.  Gas can be very dangerous.

If your inspection throws up any problems, then any repair or other work MUST be done before the property is let to tenants. There is a lot of helpful information online at

You will find our FAQ on gas safety listed below.

The Renters’ Rights Act

This will set up a landlord database, which is expected to go live some time after late 2026.

Regulations will provide for you to load electronic versions of certificates to the database, so it is important that you do not throw away any of your certificates, so you can be compliant once the database is live.

There will be serious penalties of up to £7,000 for non compliance.

Electric toolsWith effect from 1 July 2020 new Electricity Regulations come into force in England. 

These require landlords to have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at least every 5 years as set out in the 18th edition of the ‘Wiring Regulations’. Which are published as British Standard 7671.

Landlords must provide a copy of the electrical safety report to their tenants and, if requested, to their local authority.

English landlords will find further information in our FAQ here and in the Government Guidance here.

You should also watch the webinar with Dave Princep from 23 April 2020 on the new English regulations.

Other legislation regarding landlords’ obligations as regards electrical safety includes:

  • Landlords’ statutory repairing obligations require appliances and the electrical wiring to be kept in proper repair
  • Landlords’ obligation to keep their properties fit for human habitation including ensuring that there are no electrical hazards

Please also read the Real Life Story here. In view of the potential problems highlighted by this story, we would recommend professional electrical checks before a property is first let (unless you are sure it is safe) and ideally between lets, particularly if the last tenant was a DIY enthusiast!

The Renters’ Rights Act

This will set up a landlord database, which is expected to go live some time after late 2026.

Regulations will provide for you to load electronic versions of certificates to the database, so it is important that you do not throw away any of your certificates, so you can be compliant once the database is live.

There will be serious penalties of up to £7,000 for non compliance.

PAT testingPAT stands for Portable Appliance Testing.

A portable appliance is basically anything with a plug on it, for example, personal computers, and their equipment (monitor, speakers etc), kettles, irons, leads, cables, toasters, printers, etc.

PAT testing is not mandatory, but it is advisable.  Particuarly:

  • if there is any damage to the cable covering
  • if the plug is damaged
  • if any of the joints are taped or look damaged
  • if the coloured insulation of the internal cable cores show where they enter plug
  • if the appliance seems to have been used in conditions for which it is not suitable (e.g. if it is wet)
  • If there is any damage to the external casing of the equipment or are there loose screws or parts
  • if there is any evidence of overheating (e.g.. burn marks or discolouration)
  • if the off/on switch is damaged

Although in most cases where appliances have any of these issues it will probably be best to replace them with new items.  Items purchased new should be safe, but any second-hand items should be tested and you should test all appliances between tenancies.

If you rent a property with a defective appliance, you could be liable, for example, if it causes an accident and someone is injured.  If you can prove that the item was PAT tested before the tenants went in then this would go to show that any damage was down to the tenants rather than you.

In order to make it cost effective, you should get all your appliances done at the same time. It is not hugely expensive. You can find companies which do this online, there is a helpful directory here. Some companies specifically advertise a service for landlords.

Finally, make sure that you keep a record of the appliances tested and the date this was done, so if there is any problem later you can prove that you have had it done.

You can find out more from the HSE website FAQs here.

Smoke alarmWith effect from 1 October 2022:

  • You need to instal a working smoke alarm on every storey of your property being used for ‘living accommodation’ and
  • Carbon monoxide alarms need to be fitted in rooms in private rented properties with solid fuel and fixed appliances such as gas boilers or fires (although not, for some strange reason, gas cookers) and also when new appliances such as gas boilers or fires are installed in any home.
  • The CO alarms can be battery-operated and do not need to be wired in.
  • All alarms must be tested by the landlord or someone on his behalf, ideally on the first day of the tenancy, to ensure that they are in proper working order.
  • Landlords will have to repair or replace smoke and carbon monoxide alarms once they are told they are faulty.

The rules are summarised in this FAQ.

legionnaires diseaseLegionella (which causes Legionnaires disease) is, along with Radon gas and Asbestos, known as a ‘silent killer’.  Its found in most water systems but can be dangerous if water is stored at between 20 and 45 degrees which encourages the bacteria to breed.

Landlords are now obliged to carry out risk assessments for legionella and keep records to show that this has been done.

We have a certain amount of information on the FAQ here but the best thing to do is to watch Dave Princep’s training webinar, which also covers radon gas and asbestos.

There is also a fairly long article here.

Waste KitThe first thing you need to do is to find out precisely what your Local Authority requirements are and what is needed from you to enable your tenants to comply with this. 

Our Local Authority directory will help.

You need to make sure that you have sufficient bins for the tenants’ use and a safe place to keep them during the week, so rubbish does not spill out over the road.

Business Level members will find more guidance in our Dealing with Waste Kit.  Basic Level members will find the Checklist here, which deals with this stage.

Remember, if you need to dispose of waste when preparing the property to let, it will be treated as commercial waste, and you will need to obtain a waste carriers license if you move it yourself.  Or, if it is moved by someone else, ensure that they are properly licensed.

Failure to comply with the rules can result in prosecution and fines.

furnitureYou need to be careful with furniture and you need to be careful about getting anything second hand.  Under the Furniture and Furnishings (Fire) (Safety) Regulations 1988, as amended all furniture in rented properties must comply with safety standards.

Basically, these are that soft furnishings must be fire safe and have the proper labels.  You can find out more in the FAQ here.

Some companies specialise in providing inexpensive furniture packs for landlords and these are often a good option as they should be compliant with the legislation.

Pet cat

Under the Renters Rights Act changes to the law, the general rule is that landlords must agree to a pet unless there is a reasonable reason for refusal.

So you need to consider your property and whether you have a reasonable reason.  For example:

  • Does your lease forbid pets?
  • Is the property genuinely unsuitable – either for pets in general or for particular pets (eg large dogs)?
  • Are other tenants allergic?

If you consider you have a good reason, then make sure you have proper proof of this so you can back up your refusal, if necessary.

If there is no reasonable reason, then consider ‘pet proofing’ the property.  For example, have hard floors rather than carpets, ensure that small items can be put away in cupboards or high shelves, make sure rubbish can be secured, and so on.

Life will be easier for you if you incorporate our Tenant Application to Keep a Pet procedure into your tenancy. Find out more here.

You may also want to take a look at our pet permission form (you can find it here – generate a test copy) to familiarise yourself with it.

Finally, we have rewritten our long article on pets, which deals with all the rules under the Renters Rights Act.  Find it here.

FeesYou need to consider this as it may require additional work, for example:

  • If you want tenants to use prepayment meters you will need to arrange for these to be installed
  • If you want tenants to register with the utility companies themselves (so they are billed directly) you need to check that the property has separate meters.  As if the property shares a meter with the flat next door this will not be possible.

Note that if tenants are paying water bills directly you should consider registering with Landlord TAP.

Bills included tenancies

These are popular with some landlords for student lets and for some HMOs.

However, after the Renters Rights Act has come into force, they could be problematic as landlords will no longer be able to increase the rent, save via the section 13 statutory notice procedure.  So if the ‘bills allowance’ in the rent is exceeded, it may be difficult both to increase the rent and to cover the excess which you will have had to pay.

For these reasons, we do not recommend ‘bills included’ arrangements. Although, due to member requests, our APT tenancy agreements provide for this.

If the tenants are only going to remain in the property for a limited period of time – and this effectively just means students who are unlikely to remain after the end of their studies, then it may be relatively safe to do this.  This will make your property more attractive to applicants.

The Landlord Law APTs now provide for:

  • Some (named) bills to be included in the rent, covered by a bills allowance (and protected by fair use clauses)
  • Some (named) bills to be paid for by the landlord and invoiced to tenants
  • All other bills to be paid for by tenants

See the FAQ here.

ProceduresProcedures are detailed step-by-step instructions for both landlords and tenants to follow in specific situations.

We have some procedures you can use explained in the Procedures section.

If they are incorporated into your tenancy agreement, then your tenant will be at fault if they are not followed. This will give you an advantage in any court proceedings, mediation or redress adjudication which may follow.

But have a think about how YOU want to manage your tenancy. You can then adapt our procedures to suit the way you work. Now is a good time to get this prepared before you find your tenants.

Note that the Landlord Law procedures can be included with the Landlord Law APT or provided in a separate printed document.

Apple MailIt is important that your tenants are given clear guidance on how to contact you.  It is also VERY important that you monitor this regularly.

For example, under the Renters Rights Act, tenants have the right to request permission to keep a pet.  If you fail to respond to this within 28 days, then you have lost the chance to object.

The Landlord Law tenancy agreement provides for you to give the landlord or agent contact details.  Contact forms can be incorporated into your Procedures (if you decide to use these).

But if you give an email address or form, you should check these daily.  If you give a WhatsApp number, again, this should be checked daily.

So consider this now and put in place any necessary arrangements.

Tenancy AgreementYou won’t actually need a tenancy agreement until after you have found your tenants and are ready to sign them up.

However it is a good idea to source your tenancy agreement well in advance.  You can then check that it has all the clauses you need.

Most Landlord Law members will use one of our Landlord Law tenancy agreements.

Our agreements are compliant with the Renters Rights Act.  You should be very careful about using any agreement which is not specifically RRA compliant as otherwise you could be making yourself liable for a fine.

Things to consider now

You should consider incorporating Procedures, as discussed in the previous item.  You will  find the procedures section here.

Your tenancy agreement will also need to include a notice as a condition of using certain grounds for possession.  Once the Renters Rights Act is in force, probably the only notices required will be (if you are a student landlord) ground 4A and maybe (if you are renting a property to an employee) ground 5C.

The  Landlord Law tenancy agreements provide for the procedures and ground 4A and ground 5C notices.

But check the need for notices, as if you fail to include a notice for a ground you may later want to use, this means that you will be prohibited from ever using that ground.

Find out more about the possession grounds and when a notice is needed from our Mandatory and Discretionary Grounds page.

Note that the Renters Rights Act removed the obligation to have a notice for grounds 1 and 2.

And finally