Landlord Legal Requirements England 2026: Complete Compliance Checklist

Pre-tenancy requirements (from 1 May 2026)

Before a new tenancy can begin, a landlord in England must comply with the following legal requirements. Failure to provide prescribed documents or information means the tenancy terms are not legally enforceable in some respects and may prevent the landlord from recovering possession.

• Written statement of tenancy terms: Mandatory for all Periodic Assured Tenancies from 1 May 2026. The written statement must include the prescribed information set out in the Assured Tenancies (Private Rented Sector) (Written Statement of Terms) Regulations 2026. Landlords who fail to provide the written statement within 28 days of the tenancy start date face a financial penalty
• Renters' Rights Act Information Sheet: For tenancies created before 1 May 2026 (transitional ASTs that converted to Periodic Assured Tenancies on 1 May 2026), landlords were required to serve the Information Sheet on existing tenants by 31 May 2026 to preserve their exemption from the 12-week no-eviction window under the RRA transition provisions
• How to Rent guide: Landlords must provide tenants with the current edition of the Government's 'How to Rent: The Checklist for Renting in England' at the start of every tenancy (and at each new edition). Serving an out-of-date edition counts as non-compliance
• Gas Safety Certificate (CP12): The annual gas safety check must be carried out by a Gas Safe registered engineer. A copy of the certificate must be given to the tenant before they occupy and within 28 days of each subsequent annual check
• EPC (Energy Performance Certificate): A valid EPC rated at least E (or F/G with a registered exemption) must be provided to the tenant and lodged on the national register before the tenancy begins. The Minimum Energy Efficiency Standards (MEES) require a minimum E rating; the Government has consulted on raising this to C by 2028
• EICR (Electrical Installation Condition Report): A satisfactory EICR from a qualified electrician must be given to the tenant before the tenancy starts (for new tenancies) and at least every 5 years thereafter. The report must be no more than 5 years old
• Deposit protection within 30 days: Any tenancy deposit must be protected in a Government-approved scheme (DPS, MyDeposits, or TDS) within 30 days of receipt. Prescribed information about the scheme must be served on the tenant within the same 30-day window. Failure to protect the deposit means the landlord cannot serve a valid Section 8 Ground 1 or Ground 2 notice and is liable to a penalty of 1–3x the deposit amount

Property standards and safety requirements

The following property standards apply throughout any tenancy and must be maintained by the landlord. A failure to meet property standards is both a breach of the tenancy agreement and (in the case of HHSRS hazards) a matter for local authority enforcement.

• HHSRS compliance (High/Medium/Low from 23 June 2026): All residential properties in England are subject to assessment under the Housing Health and Safety Rating System. From 23 June 2026, assessments under SI 2026/571 use 21 hazard categories rated High (H), Medium (M), or Low (L). A High hazard finding triggers a local authority duty to take enforcement action (Improvement Notice, Prohibition Order, or Emergency Remedial Action). Civil penalties for non-compliance with an Improvement Notice are up to £40,000
• Awaab's Law (damp and mould — from 6 April 2026): Sections 10A–10F of the Landlord and Tenant Act 1985 (inserted by the Renters' Rights Act 2025) impose mandatory response timeframes: acknowledge a written damp/mould report within 14 days; provide a repair plan within 7 days of acknowledgement; begin works within 7 days of the plan (or immediately for emergencies). Failure is a civil breach of contract — tenants can seek damages and court orders
• Annual gas safety check: Required under the Gas Safety (Installation and Use) Regulations 1998. The CP12 certificate must be renewed every 12 months and given to the tenant within 28 days. Non-compliance is a criminal offence with an unlimited fine
• Electrical safety (EICR): Required under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. The EICR must be carried out by a qualified person and any C1 or C2 defects remedied within 28 days (or the timeframe specified by the inspector if shorter). Non-compliance carries a financial penalty of up to £30,000
• Smoke and carbon monoxide alarms: A working smoke alarm must be installed on every floor used as living accommodation. A carbon monoxide alarm is required in any room containing a solid fuel appliance (and since 1 October 2022, also in any room with a gas or oil appliance). Alarms must be tested at the start of each tenancy
• Legionella risk assessment: Landlords must carry out a risk assessment for Legionella in the property's water system (Regulation 7 of the Control of Substances Hazardous to Health Regulations 2002 / HSE guidance). A full legionella test is not usually required for domestic properties with conventional hot and cold water systems, but the risk assessment must be documented
• Fit for human habitation (Section 9A, Landlord and Tenant Act 1985): The Homes (Fitness for Human Habitation) Act 2018 requires that all rented properties are fit for human habitation at the start of and throughout the tenancy. Conditions that make a property unfit include serious damp, lack of adequate heating, infestation, and structural defect

During the tenancy — rent increases, repairs, and access

Landlords must observe specific legal requirements during the tenancy relating to rent increases, repair obligations, and access to the property.

• Section 13 notice for rent increases (from 1 May 2026): Under the Renters' Rights Act 2025, rent under a Periodic Assured Tenancy can only be increased once in any 12-month period using a Section 13 notice (Form 4A). The minimum notice period is 2 months. Tenants can challenge the proposed increase at the First-tier Tribunal (Residential Property Chamber). Rent review clauses in the tenancy agreement are not enforceable as a mechanism for increasing rent above the market rate
• Repair and maintenance obligations (Section 11, Landlord and Tenant Act 1985): For tenancies under 7 years, the landlord must keep in repair the structure and exterior of the dwelling, installations for water, gas, electricity, heating, and sanitation. This is implied by law regardless of what the tenancy agreement says
• 24-hours' notice for access: A landlord must give at least 24 hours' written notice before entering the property (except in genuine emergencies). Entry must be at a reasonable time. Entering without consent or notice is a criminal offence under the Protection from Eviction Act 1977
• Selective and additional licensing: If the local authority has designated a selective or additional licensing area, the landlord must hold the appropriate licence before letting the property. Operating without a licence is a criminal offence and means a Section 8 Ground 1 notice cannot be served. Penalties include unlimited fines and Rent Repayment Orders

HMO legal requirements

Houses in Multiple Occupation (HMOs) are subject to additional legal requirements over and above those that apply to all private rented properties.

• Mandatory HMO licence: Required for any HMO with 5 or more people from 2 or more households sharing facilities. Application must be made to the local housing authority before the first occupier moves in. The licence sets conditions including minimum room sizes (6.51 m² for single adult; 10.22 m² for two adults), maximum occupancy, and required fire safety measures
• Additional and selective HMO licensing: Many councils have introduced schemes covering smaller HMOs (3–4 people) or all HMOs in specific areas. Check with the local authority for the property's postcode
• HMO management regulations: The Management of Houses in Multiple Occupation (England) Regulations 2006 impose duties on the manager of an HMO including maintaining common parts, providing adequate fire safety equipment and escape routes, and ensuring facilities are in good repair
• Planning permission (sui generis): Converting a property into a large HMO (7 or more people) requires planning permission in most local authority areas. Some councils have also extended Article 4 Directions requiring permission for smaller HMOs

Possession and eviction — Section 8 (Section 21 abolished from 1 May 2026)

Section 21 no-fault eviction notices were abolished in England on 1 May 2026. The only route to possession for residential landlords is now a Section 8 notice served on one of the statutory grounds.

• Section 21 abolished: Since 1 May 2026, landlords can no longer serve a Section 21 (no-fault) notice. Any Section 21 notice served on or after 1 May 2026 is invalid. Court proceedings commenced using a Section 21 notice served before 1 May 2026 can still proceed if the court claim was issued before 31 July 2026
• Section 8 notice (prescribed Form 3A): All possession proceedings must now be started with a Section 8 notice served on the tenant citing one or more of the statutory grounds. Form 3A is the prescribed form — using a non-prescribed form or citing the wrong grounds may result in the notice being invalid
• Mandatory grounds (grounds 1–8A): Include: Ground 1 (landlord wants to move in — 4-month notice); Ground 1A (sale — 4-month notice, 12-month relet restriction); Ground 7A (anti-social behaviour — 14 days or immediate); Ground 8 (serious rent arrears — at least 2 months' arrears, 14-day notice); Ground 8A (persistent arrears — 6 or more instances in 3 years, 4-month notice). Courts must order possession on mandatory grounds if proved
• Discretionary grounds (grounds 9–16): Include nuisance, breach of tenancy, deterioration of property, and suitable alternative accommodation. Courts may order possession if it is reasonable to do so

Frequently asked questions