What do I actually need to do legally before I can rent my property out?

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In short: Before you hand over keys you legally need: a valid EPC (rating E or above), an in-date Gas Safety Certificate (if there’s gas), a satisfactory EICR (electrical check, renewed every 5 years), working smoke alarms on every storey and CO alarms in any room with a fixed combustion appliance, deposit protection in an approved scheme within 30 days, Right to Rent checks on every adult occupier, and a copy of the government’s “How to Rent” guide given to the tenant. Check whether your council runs a selective or HMO licensing scheme covering your property, and from mid-2026 keep an eye on the new Private Rented Sector Database registration requirement. Miss any of these and you risk fines up to Β£40,000, a rent repayment order, or losing your ability to evict later.


The non-negotiables before day one

Energy Performance Certificate (EPC). You need a valid EPC, rated E or above, before you even market the property, and a copy must go to the tenant before they move in. An EPC lasts 10 years. Properties rated F or G currently cannot legally be let (with limited exemptions registered on the PRS Exemptions Register). Note that the minimum standard is due to rise to a C rating: the government confirmed in January 2026 a single deadline of 1 October 2030 for all private tenancies (new and existing alike) to meet it, dropping earlier plans for a separate, earlier date for new tenancies. If your property is D or below, start budgeting now, there’s a cost cap of Β£10,000 per property (lower for cheaper properties) on what you can be required to spend to reach the standard, though typical spend is estimated at Β£6,000–£7,000 (see our EPC ratings and costs guide for the full breakdown).

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Gas Safety Certificate. If the property has any gas appliances, pipework or flues, you need an annual safety check by a Gas Safe registered engineer, and you must give the tenant a copy within 28 days of the check (or before they move in for a new tenancy). This is one of the most heavily enforced landlord duties, failure can lead to prosecution.

Electrical Installation Condition Report (EICR). Since 1 April 2021, every private rental property in England has needed a satisfactory EICR, renewed at least every 5 years or sooner if the report specifies. Keep the report and give the tenant a copy within 28 days of the inspection.

Smoke and carbon monoxide alarms. You must fit at least one smoke alarm on every storey used as living accommodation, and a carbon monoxide alarm in any room containing a fixed combustion appliance (this was extended in October 2022 to cover any solid fuel, gas or oil appliance, not just solid fuel as before). Alarms must be tested and working at the start of every tenancy, and you’re legally required to repair or replace a faulty alarm as soon as you’re told about it.

Deposit protection. If you take a deposit, it must go into one of the three government-approved schemes (Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme) within 30 calendar days, along with the “Prescribed Information” to the tenant. Get this wrong and a court can order you to repay up to three times the deposit, and, crucially under the Renters’ Rights Act, unprotected deposits can block your ability to seek possession. From late 2026, deposit protection details are also expected to be captured through the new PRS Database registration.

Right to Rent checks. You (or your agent) must check that every adult tenant has the right to live in the UK, using original documents or the Home Office’s online checking service, before the tenancy starts. Keep copies on file for the duration of the tenancy plus one year after it ends.

The “How to Rent” guide. You must give tenants the current version of the government’s “How to Rent: the checklist for renting in England” guide at the start of the tenancy (and whenever it’s updated and you renew/vary the tenancy). It’s a free PDF from gov.uk, check you’re using the latest version, since it has been updated to reflect Renters’ Rights Act changes, and from May 2026 landlords must also issue tenants a copy of the separate “Renters’ Rights Act Information Sheet” by 31 May 2026 for existing tenancies.

Don’t forget licensing

Many councils run selective licensing schemes covering all private rentals in a designated area (not just HMOs), and separately there’s mandatory HMO licensing for larger shared houses (5+ occupiers, 2+ households) plus additional licensing for smaller HMOs in some boroughs. These schemes expanded significantly through 2025–2026, London boroughs in particular have been adding new areas. Don’t assume your street isn’t covered just because it wasn’t last year: check the exact address against your council’s official licensing map, since boundaries can run street by street. Letting without a required licence can mean a civil penalty of up to Β£40,000 per offence, plus you may be barred from serving certain possession notices and tenants can apply for a Rent Repayment Order to reclaim up to 12 months’ rent.

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What’s new because of the Renters’ Rights Act

From 1 May 2026, all new tenancies are periodic from day one (fixed terms for ASTs are gone), Section 21 no-fault eviction is abolished, and every landlord will eventually need to register on the new Private Rented Sector Database and join the PRS Landlord Ombudsman (expected to be phased in through 2026–2028), even if you use a letting agent, redress scheme membership will be your personal legal obligation, not just theirs.

A simple pre-letting checklist

  • EPC (E or above) obtained and given to tenant
  • Gas Safety Certificate (if applicable) and copy given to tenant
  • EICR completed within last 5 years, copy given to tenant
  • Smoke alarms fitted and tested; CO alarms where required
  • Deposit protected in an approved scheme within 30 days, Prescribed Information served
  • Right to Rent checks completed and documented for every adult occupier
  • “How to Rent” guide (current version) provided
  • Checked council website for selective licensing / HMO licensing requirements
  • Landlord insurance in place that specifically covers letting (see our guide to landlord insurance)

Get all of this right before the tenancy starts, retrofitting compliance after a tenant has moved in is harder, and gaps in this list are the single biggest reason landlords lose possession claims or face council enforcement.

Sources


This is general information, not legal, tax, or financial advice. Rules referenced are accurate to the best of available information as of July 2026 for England unless stated otherwise. Always check current government guidance (gov.uk) or consult a solicitor/accountant for your specific situation.

Last Updated on September 28, 2026

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