The definitive landlord legal responsibilities checklist

Not complying with your legal responsibilities and obligations as a landlord can result in fines, potential prison time, or, even worse, endangering your tenants. But with complex and evolving legislation to navigate, it can be hard to know how to stay compliant. 

Our private rented sector experts have created this handy landlord responsibilities checklist to help you stay compliant as a landlord in England. Check here for resources relating to properties in Wales. 

First-time landlord? Worried about staying compliant? We’ve got you covered. Check out our landlord starter pack here. 

Pre-tenancy and legal responsibilities

As a landlord, legal responsibilities start before the tenancy begins, so it’s important to ensure you are compliant from day one. This will not only help you avoid penalties , it will also demonstrate to your tenant that you are a responsible landlord, paving the way for a happy landlord-tenant relationship.  

Gas safety

On or before move-in day, you’ll need to ensure all gas appliances are safe and provide tenants with copies of the current Gas Safety Certificate.

Electrical safety

Before tenants move in, you must supply them with a copy of your Electrical Installation Condition Report (EICR). This is a certificate provided by a ‘qualified’ and ‘competent’ person required every five years that covers your property's wiring, fuse box, lights, plug sockets, and permanently connected electrical appliances. For further information on what counts as a qualified and competent person, as well as more details on landlord’s obligations, please see our page on electrical saftey inspections.

EPCs and Minimum Energy Efficiency Standards

You’ll need to ensure your property complies with Minimum Energy Efficiency Standards (MEES) which currently require you to have an E rating on your EPC. If you don’t already have a valid Energy Performance Certificate (EPC), you’ll need to obtain one from a registered assessor and provide tenants with a free copy before they sign the tenancy agreement. You’ll also need to ensure that any advertisements for your property contain its energy rating. 

Smoke and carbon monoxide alarms

Every storey of your property must be fitted with a smoke alarm, and each room with an appliance that uses fuel to generate heat needs a working carbon monoxide alarm. Gas cookers are excluded from this rule, so you may not need a CO alarm in the kitchen if there are no other fuel burning appliances. Ensure your alarms are working on the day the tenancy begins. 

Tenancy deposit protection

If you decide to take a deposit, you’ll need to secure it with an official government-backed scheme and supply your tenants with all of the scheme's prescribed information within 30 days of receipt of the deposit. If not done correctly, you may face financial penalties of between 1-3x the deposit amount, and you will be unable repossess the property until you protect or return the deposit. Please see our full guidance on deposit protection.

Right to rent

You must check whether any occupant over the age of 18 are legally allowed to rent a property in the UK through a right to rent check to confirm their immigration status. If you fail to do so, you could face fines of up to £3,000 for each tenant without the right to rent, or even jail time. 

Licensing

You must comply with any mandatory, additional or selective licensing schemes that affect your property by applying for the licence, paying any associated fees for the application and costs of administering the scheme, and adhering to the conditions set out in the licence if it is granted.  

Insurance

You’ll need to ensure your buildings insurance is adequate, and while specialist landlord insurance is not a legal requirement, it is highly recommended to ensure you aren’t financially exposed by risks not covered in standard home insurance policies. 

Contracts and documentation

You must provide a written statement of terms to each tenant before entering into a tenancy. This will usually be contained in the draft assured periodic tenancy agreement you give your tenants to read and sign.  

Ongoing maintenance, safety, and repairs

As a landlord, legal responsibilities do not end after handing keys to your tenant. You’ll need to ensure your property remains safe, habitable, and in a good state of repair at the beginning and throughout their tenancy. 

Structural repairs

You need to properly maintain your property, including its structure, pipes, wiring, heating systems, sinks, baths, and toilets. You must ensure any damp and condensation problems caused by the building’s structure, poor heating, ventilation, and insulation are rectified. 

Appliance maintenance and repairs

While Portable Appliance Testing (PAT) is not a legal requirement, as a responsible landlord, you’ll want to conduct these every two years on all non-permanent electrical appliances to ensure the safety of your tenants. If you have a HMO licence, it may be a condition of your licence to carry this type of testing out. 

Safety hazards

You need to commission an annual gas safety check by a Gas Safe registered engineer, promptly arrange repairs to rectify any defects identified, and provide a copy of the new safety certificate to existing tenants within 28 days. You don’t need a fresh set of electrical checks every time a tenant moves out, but you will need a new EICR every five years. 

Legionella risk assessment

Stagnant water can cause potentially fatal Legionnaires’ disease, and as a landlord, your legal obligations include assessing and controlling the risk of exposure to Legionella bacteria. While there's no legal requirement for a formal certificate, you must ensure your property’s water is safe to drink through appropriate risk assessments, even for properties where you deem the risk to be low. 

Access requests

There will inevitably be times when you’ll need to access your property. If you need access to conduct a safety check, fix an issue, or conduct an inspection, for example, you'll need to give your tenants at least 24 hours' notice. Agree on a mutually convenient time, and always explain why you need to enter the property. The need for emergency access – for instance, a fire or gas leak – falls outside these regulations. 

Record and documentation keeping

Keeping a clear, accessible, and complete paper trail of all inspections, repairs, and key interactions with tenants can help to avoid unnecessary penalties or disputes later down the line. Keeping an electronic record of sent documents is preferable, or if providing the documents in person, ask for a dated signature to prove receipt. Formal legal notices should be served by hand or through the postal service where possible. 

How we can support you

There’s more to being a landlord than ticking off everything on your landlord responsibilities checklist, whether that’s knowing what to do on move-in day, ensuring your tenants remain safe throughout their tenancy, or learning how to navigate Making Tax Digital. Our members have access to a suite of resources and guides, course discounts, and specialist telephone advice from our private rented sector experts. 

Not already a member?

Many of our resources for staying compliant as a landlord are for members only. To access these and our extensive member discounts, including our FREE expert landlord advice line and FREE property management software, join the NRLA today and be part of our vibrant landlord community. 

Landlord responsibilities FAQs

What are the legal obligations as a landlord?

Your legal obligations as a landlord cover everything from ensuring your rental properties are safe and suitable for human habitation to supplying your tenants with key information about their tenancy. 

What maintenance should a landlord do?

As a landlord, you’re legally responsible for looking after your properties. This means keeping them safe, habitable, and in good repair, with key maintenance duties including structural repairs, gas and electrical safety, and the upkeep of water and heating systems. 

Do different property types have different rental requirements?

Yes, your legal requirements as a landlord will depend on the type of property you are letting. The largest factors affecting your landlord obligations to tenants is whether your property qualifies as an HMO as it may require a licence. 

Who is responsible for painting – landlord or tenant?

Landlords are generally responsible for painting walls, including refreshing paintwork between tenancies, and addressing normal wear and tear, such as fading. Tenants must always ask for your written permission before painting the property.

Who is responsible for council tax – landlord or tenant?

If you let to one person, a family, or joint tenants, typically your tenants will pay their own council tax. If your rental property is an HMO or vacant, you will need to pay. You should make it clear in your tenancy agreement whether the rent includes council tax.  

Are landlords responsible for tenants’ rubbish?

While your tenants are responsible for using their bins correctly and moving them to collection points on designated days, you are required to provide adequate facilities and information about collection days and local recycling rules. Councils expect you to ensure tenants adhere to rules, and will ask you to intervene if they do not.