The pre-let compliance burden in England increased substantially from 1 May 2026 when the Renters' Rights Act 2025 came into force. All new tenancies are now Periodic Assured Tenancies (no fixed-term ASTs), the prescribed Information Sheet must be served before or at the start of tenancy, and tenant pet requests must be dealt with before occupancy. The pre-let checklist has therefore expanded beyond the traditional safety certificate requirements.
The consequences of non-compliance are serious. An invalid or missing gas safety certificate makes the tenancy non-compliant and can prevent a Section 8 notice from being served. An unprotected deposit prevents a Section 8 rent arrears notice and may attract a rent repayment order of 1–3x the deposit. A missed Right to Rent check carries a civil penalty of up to £20,000 per tenant.
Safety certificates required before letting
Three core safety certificates must be in place before a new tenancy starts:
- Gas Safety Certificate (GSC): a Gas Safe registered engineer must inspect every gas appliance and flue in the property and issue a GSC annually. A copy must be given to each new tenant before they occupy the property (or within 28 days of the check if an existing tenant). Operating without a valid GSC is a criminal offence under the Gas Safety (Installation and Use) Regulations 1998
- Electrical Installation Condition Report (EICR): an EICR by a qualified electrician must be obtained at least every 5 years. All new tenancies since 1 April 2021 required an EICR. The report must be given to each new tenant before they occupy. An unsatisfactory EICR requires remedial work within 28 days (or a shorter period if specified). Failure to obtain an EICR is a civil offence with a penalty up to £30,000
- Energy Performance Certificate (EPC): minimum EPC rating E is required before a property can be let. An EPC with a valid rating must be given to prospective tenants at the marketing stage. The government's proposal to raise the minimum to EPC C by 2030 remains pending. An EPC lasts 10 years. Letting without a valid EPC is enforceable by the local authority with a penalty of up to £5,000
- Legionella risk assessment: not a formal certificate, but the Health and Safety at Work Act 1974 and ACOP L8 require landlords to assess and control Legionella risk in domestic hot and cold water systems. Records should be kept and flushing/temperature checks documented
Smoke and carbon monoxide alarms
Alarm installation and testing requirements changed significantly from October 2022:
- Smoke alarms: at least one working smoke alarm must be installed on every storey of the property where there is a room used as living accommodation. The alarm must be tested on the day the tenancy begins and found to be in working order
- Carbon monoxide alarms: a CO alarm must be installed in every room used as living accommodation that contains a fixed combustion appliance (e.g. a gas boiler, log burner, or open fire). CO alarms are now also required in rooms with oil or solid fuel burning appliances
- Remediation: if a tenant reports a faulty alarm, the landlord must repair or replace it within a reasonable time — failure to do so risks a remediation notice from the local authority
- Local authority enforcement: councils can issue remediation notices and, on non-compliance, carry out the works themselves and recover the cost from the landlord. Civil penalties apply for persistent non-compliance
Right to Rent checks
Every landlord must check that new adult occupiers have the right to rent in England:
- Right to Rent checks under the Immigration Act 2014 must be carried out on every adult who will occupy the property as their only or main home — this includes occupiers who are not named on the tenancy agreement
- Manual checks: inspect original documents (passport, biometric residence permit, settled status share code) and take copies. Document the date of the check, the documents inspected, and the copies taken. Settled and pre-settled status holders must be verified via the Home Office online service
- Share code verification: for tenants with eVisa or digital immigration status, use the Home Office 'Check a tenant's right to rent' service with the tenant's share code and date of birth
- Time-limited right to rent: if a tenant has time-limited leave to remain, a follow-up check must be made at the earlier of 12 months after the initial check or when the tenant's leave expires
- Civil penalty: landlords who let to a person without right to rent face a penalty of up to £20,000 per tenant (first breach) or £40,000 (repeat breaches). The penalty is a defence against criminal prosecution only if the check was carried out correctly
Deposit protection and prescribed information
The deposit must be protected and prescribed information served within 30 days:
- Any tenancy deposit taken by a landlord for an assured tenancy in England must be protected in a government-approved tenancy deposit scheme within 30 days of receipt — the three schemes are TDS, DPS, and mydeposits
- Prescribed information must be served on the tenant (and any relevant person who paid the deposit) within 30 days. It must include the scheme certificate or custodial scheme confirmation, the scheme leaflet, and the tenancy agreement details
- Consequences of non-protection: the court can order the landlord to repay the deposit and pay a penalty of 1–3x the deposit value. An unprotected deposit prevents a valid Section 8 rent arrears notice and prevents a Section 21 notice (where still valid)
- From 1 May 2026 under the Renters' Rights Act 2025, the prescribed Information Sheet (the government-prescribed document explaining tenant rights) must also be served on every new tenant before or at the start of the tenancy. This is separate from the deposit prescribed information
- Deposit cap: the maximum deposit for an assured tenancy with annual rent under £50,000 is 5 weeks' rent. Holding deposits are capped at 1 week's rent and must be repaid within 7 days of the tenancy start
Additional pre-let requirements in England 2026
Further legal obligations that apply to new tenancies from 1 May 2026:
- Information Sheet: the government's prescribed Information Sheet (summarising tenant rights under the Renters' Rights Act 2025) must be served on every new tenant at or before the start of the tenancy. Failure to serve is a civil offence and may affect the ability to rely on certain Grounds for possession
- Written statement of terms: landlords must provide a written statement of tenancy terms before or at the start of every new tenancy — the Renters' Rights Act abolished the right to require this only on demand; it must be served proactively
- Tenancy agreement: all new tenancies are Periodic Assured Tenancies from 1 May 2026 — no fixed-term ASTs for new tenancies. The agreement should accurately reflect the periodic nature and the permitted grounds for possession
- HMO licence (if applicable): properties let to 5 or more persons from 2 or more households require a mandatory HMO licence before occupancy begins. Properties in selective or additional licensing areas require a licence regardless of size
- Material information: properties must have accurate and complete material information disclosed at the advertising stage (Regulation D of the National Trading Standards MTPA requirements) — this includes tenure, council tax band, utilities, and known restrictive covenants
Frequently asked questions
What certificates must a landlord have before renting out a property in England?+
Three certificates are legally required: (1) a current Gas Safety Certificate from a Gas Safe registered engineer (if the property has gas), given to the tenant before they move in; (2) an Electrical Installation Condition Report (EICR) no more than 5 years old (or since the last let), given to the tenant before move-in; (3) a valid Energy Performance Certificate showing at least an E rating, provided at the marketing stage. A legionella risk assessment is also required but does not need to produce a formal certificate.
How long do I have to protect a tenancy deposit?+
You must protect the deposit in a government-approved tenancy deposit scheme and serve the prescribed information on the tenant within 30 days of receiving the deposit. If the deposit is not protected within 30 days, a court can order repayment plus a penalty of 1–3x the deposit value. An unprotected deposit also prevents you from relying on Section 8 Ground 8 rent arrears proceedings.
Do I have to do a Right to Rent check for every adult in the property?+
Yes. You must check the right to rent of every adult who will occupy the property as their only or main home — not just the named tenant on the agreement. This includes adult family members or partners who will live there. For people with settled or pre-settled status, you must use the Home Office online checking service with their share code. Manual document checks remain valid for those with physical immigration documents.
What is the Information Sheet that must be served from 1 May 2026?+
The government's prescribed Information Sheet is a document explaining the key rights tenants have under the Renters' Rights Act 2025: the periodic tenancy structure, how rent increases work under Section 13, the grounds on which a landlord can seek possession, and how to raise complaints. It must be served on every new tenant before or at the start of the tenancy from 1 May 2026. Existing tenants must have been served by 31 May 2026. Failure to serve affects certain possession grounds.