Letting out a property can be a rewarding source of income, but it also comes with a set of legal responsibilities and practical considerations. Whether you’re a first-time landlord or a seasoned investor, staying up to date with UK regulations is crucial to protect yourself, your property, and your tenants.
1. Understand Your Legal Responsibilities
Before you let your property, ensure you understand the legal obligations that apply under UK law:
Gas Safety
- You must arrange an annual gas safety check by a Gas Safe registered engineer.
- Provide tenants with a copy of the Gas Safety Certificate (CP12) before they move in and within 28 days of each annual check.
Electrical Safety
- Since July 2020, all rented properties in England must have an Electrical Installation Condition Report (EICR) completed every five years.
- Urgent remedial work identified in the report must be carried out promptly.
Energy Performance Certificate (EPC)
- A valid EPC (rating A to E) is required for all rental properties.
- You must provide the certificate to prospective tenants before signing a tenancy agreement.
Fire Safety
- Fit a smoke alarm on every floor used as living accommodation.
- Install a carbon monoxide alarm in any room with a solid fuel-burning appliance.
- Ensure furniture meets fire safety standards (for furnished lets).
Right to Rent Checks
- You must check that all tenants aged 18+ have the legal right to rent in England.
- Retain copies of relevant documents securely in line with GDPR requirements.
2. Get the Right Permissions
Mortgage Lender Approval
If your property is mortgaged, seek permission from your lender to let the property. You may need to switch to a buy-to-let mortgage.
Leaseholder Consent
If the property is leasehold, check the lease to ensure letting is allowed, and obtain consent from the freeholder if required.
3. Prepare the Property
Repairs and Cleanliness
Ensure the property is in a good state of repair:
- Fix any structural or cosmetic issues.
- Deep clean the property and provide a full inventory.
Furnishing Decisions
Decide whether to let your property furnished, part-furnished, or unfurnished. Furnished properties must comply with Furniture and Furnishings (Fire Safety) Regulations 1988.
4. Choose the Right Tenancy Agreement
The most common type of tenancy in England and Wales is an Assured Shorthold Tenancy (AST). It must:
- Be in writing.
- Include details about rent, deposit, and responsibilities.
- Comply with the Tenant Fees Act 2019, which bans most upfront fees except for rent, deposits, and some default charges.
5. Register the Tenancy Deposit
You must place the tenant’s deposit into a government-approved tenancy deposit protection (TDP) scheme within 30 days:
- Deposit Protection Service (DPS)
- My Deposits
- Tenancy Deposit Scheme (TDS)
You must also provide tenants with:
- Prescribed Information
- Scheme details
- EPC, How to Rent Guide, Gas Safety Certificate, and EICR
6. Consider Landlord Insurance
Standard home insurance won’t cover rental activities. Consider a specialist landlord insurance policy to protect against:
- Building and contents damage
- Liability claims
- Rent arrears and defaults
- Legal expenses
- Residential eviction
7. Register with a Local Council (Where Applicable)
Some areas in the UK require landlords to hold a Selective Licence or HMO Licence (for Houses in Multiple Occupation). Fines for unlicensed lettings can be substantial. Check with your local authority.
8. Use a Letting Agent
Using a letting agent can be very beneficial and save you a lot of time and worry. A letting agent can help with:
- Marketing the property
- Conducting viewings
- Referencing tenants
- Drafting tenancy agreements
- Managing the property day-to-day
Ensure any agent you use is a member of a redress scheme like The Property Ombudsman or PRS (Property Redress Scheme).
9. Maintain Ongoing Compliance
- Respond to maintenance requests promptly.
- Carry out regular inspections (with reasonable notice).
- Renew safety certificates on time.
- Respect tenants’ right to quiet enjoyment of the property.
10. Ending a Tenancy
To end an AST, follow the correct procedures:
- Serve a Section 21 notice (for no-fault eviction) or Section 8 notice (if the tenant has breached the agreement).
- Give proper notice periods.
- Ensure possession is only obtained through the courts if necessary.
Letting a property in the UK can be straightforward if you follow the legal framework and treat tenants fairly. Staying informed, being responsive, and maintaining high standards will help you build a positive landlord reputation and avoid costly disputes.
If you are worried about all the legalities or would like to talk to us about our Fully Managed Service, or a Tenant Find Only Service, please contact us on 01323 894400 or use our contact form.
