UK Lettings Compliance - the Landlord Checklist (2026)
By Laura at Domovita UK lettings law is dense and keeps moving, and the Renters' Rights Act reset much of it on 1 May 2026. This checklist is the landlord's at-a-glance view: what you must have, when, and the consequence of missing it. For the in-order walkthrough, see the Renters' Rights Act landlord guide. Last reviewed: 9 June 2026. Before the property is marketed RequirementWhat it meansSource EPC of E or better You cannot market the property without a valid EPC, and it must currently be at least an E (unless a valid exemption is registered). The minimum rises to EPC C by 1 October 2030. gov.uk MEES guidance EPC shown in the advert The EPC rating must appear in any advertisement - online listing, brochure or window card. Energy Performance of Buildings (England and Wales) Regulations 2012 Licensing A house in multiple occupation (broadly 5+ occupiers forming 2+ households) needs a mandatory HMO licence everywhere. Many councils also run selective or additional licensing of ordinary lets - this is set locally, so check your council. gov.uk HMO + your council Before the tenant moves in RequirementWhat it meansSource Gas Safety Certificate (CP12) Annual check of all gas appliances and flues by a Gas Safe registered engineer; the current record given to the tenant before they move in. Gas Safety (Installation and Use) Regulations 1998 EICR An Electrical Installation Condition Report at least every 5 years; remedial work on any C1/C2/FI fault within 28 days. Electrical Safety Standards in the PRS (England) Regulations 2020 Smoke and CO alarms A smoke alarm on every storey used as living accommodation, and a carbon monoxide alarm in every room with a fixed combustion appliance (a gas boiler or wood burner - gas cookers are excluded). Working at the start of each tenancy. Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (amended 2022) Right to Rent check Every adult occupier in England, before the tenancy starts; repeat where someone's right is time-limited. gov.uk Right to Rent Information Sheet 2026 Serve the government's Renters' Rights Act Information Sheet 2026 - this replaced the withdrawn "How to Rent" guide. Existing tenants had to be served by 31 May 2026; new tenants at the start of the tenancy. Serve the actual PDF, not a link. Information Sheet 2026 guide Inventory Not legally required but strongly recommended - a detailed inventory plus dated photos is the best defence against a disputed deposit deduction. Best practice Within 30 days of receiving the deposit RequirementWhat it meansSource Deposit protected In DPS, mydeposits or TDS, within 30 days. The deposit is capped at 5 weeks' rent (6 weeks where annual rent is £50,000+). Failing to protect can mean a court order to repay 1-3x the deposit, and incomplete deposit paperwork can undermine a later possession claim. gov.uk deposit protection Prescribed Information served A written notice naming the scheme and how to reclaim the deposit, served within the same 30 days. Missing it carries the same penalty as failing to protect. The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 Ongoing during the tenancy Keep the structure, exterior and the installations for water, gas, electricity, sanitation, heating and hot water in repair (Landlord and Tenant Act 1985, s11). Renew the Gas Safety check before each anniversary, and the EICR before its 5-year expiry. Re-check Right to Rent where the original was time-limited. Respond to repairs in a reasonable time - no heating or hot water in winter is a same-day matter; a dripping tap can wait a few days. Give at least 24 hours' notice before visiting, except in a genuine emergency. If you need possession Section 21 "no-fault" eviction was abolished on 1 May 2026. The only route to possession now is a Section 8 notice on a valid statutory ground, served on the prescribed form (Form 3A). The grounds, notice periods and evidence each requires were reset by the Renters' Rights Act and some carry restrictions, so confirm the current detail before serving anything - an invalid notice can cost you months. See gov.uk on possession notices, and take legal advice if you are unsure. The deposit scheme's free dispute service handles end-of-tenancy deposit disagreements; possession orders go through the County Court and are slow. Recent and upcoming changes Renters' Rights Act - in force from 1 May 2026: Section 21 abolished, tenancies now periodic, rental bidding wars banned, rent in advance capped at one month. See the landlord guide. Digital Markets, Competition and Consumers Act 2024 - bans "drip pricing" in adverts; all mandatory costs must be in the headline rent. EPC C by 2030 - the government confirmed on 21 January 2026 that the MEES minimum will rise from E to C by 1 October 2030, with a cost cap per property. Plan improvements early. If anything here is unclear or your council's rules differ, your local authority's housing team is the authoritative source for local licensing, and the linked gov.uk pages for everything else. When you are ready, you can list your rental yourself or bring in a local agent. Get in touch if you spot anything out of date. This is general information, not legal advice. Letting rules change and every situation differs - always check the current gov.uk position, and take professional advice, before relying on it. { "@context": "https://schema.org", "@type": "Article", "headline": "UK Lettings Compliance - the Landlord Checklist (2026)", "description": "Every legal requirement for letting a property in England, as a scannable checklist - what you must have, when, and the consequence of missing it. 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How to let your property: a landlord's step-by-step guide for 2026
By Laura at Domovita Becoming a landlord is more than handing over a set of keys - it is a series of legal duties you take on, each with its own paperwork and timing. This guide walks you through letting a property in the right order, from checking that letting is right for you through to your ongoing duties once a tenant has moved in. At each step we link a dedicated guide that carries the detail, so you can work through it at your own pace. With Domovita you can list the property yourself or bring in a local agent to handle the lettings work for you - both routes are first-class, and either way the compliance duties below still apply. This is general guidance, not legal or tax advice; always check the current position on gov.uk and take professional advice on your own circumstances. Last reviewed: 30 May 2026. Before you start: the 12 steps at a glance Letting a home well comes down to doing a sequence of things in the right order. The list below is that sequence. Some steps are one-off (getting an EPC), some repeat (the gas check), and some carry on for as long as you let (your tax duties). Work through them in turn and follow the linked guide for the specifics, because the figures, notice periods and deadlines change and the dedicated guide is kept current. Step 1 - Check letting is right for you, and tell your lender and insurer Before anything else, make sure letting actually fits your plans and your finances. If the property has a mortgage, you almost certainly need your lender's consent to let it - letting without permission can breach your mortgage terms. Your buildings insurer also needs to know, because a standard residential policy may not cover a let property. Speak to both before you advertise. For a general overview of a landlord's responsibilities, see gov.uk renting out a property. Step 2 - Understand the post-1-May-2026 legal landscape The framework for private renting in England has changed under the Renters' Rights Act 2025. Tenancies now run as assured periodic tenancies, and possession is sought through the Section 8 route rather than the old "no-fault" process. Getting your head around this shapes every later step - the type of agreement you use, the notices you can serve, and how a tenancy ends. Read our Renters' Rights Act guide for landlords first, and check the current overview on gov.uk private renting. Step 3 - Get a valid EPC and meet the minimum energy standard You must have a valid Energy Performance Certificate before you market the property, and the home must meet the Minimum Energy Efficiency Standard (MEES) to be let lawfully. The exact minimum rating and any exemptions are best confirmed against the current rules, as they have been under review - see our EPC and MEES rules guide, and find or check an existing certificate at gov.uk find an energy certificate. Step 4 - Arrange the annual gas safety check (CP12) if there is gas If the property has any gas appliances, pipework or flues, a Gas Safe registered engineer must check them and issue a gas safety record (often called a CP12). This is repeated every year, and you must give the tenant a copy. See our gas safety certificate guide for who can carry it out, the timing, and the record-keeping; for the official position, check gov.uk renting out a property. Step 5 - Get an electrical safety report (EICR) and fit alarms You must have the fixed electrical installation inspected and tested, with an Electrical Installation Condition Report (EICR) as the result, and supply a copy to your tenant. You also need to fit working smoke alarms and, where required, carbon-monoxide alarms. The renewal interval and alarm rules are set out in our EICR and electrical safety guide. Confirm the current detail on gov.uk. Step 6 - Check whether you need a licence Some lettings need a licence from the local council - this can apply to houses in multiple occupation and, in some areas, to ordinary rented homes under selective or additional licensing schemes. Whether a scheme applies, and what it costs, is set by the local council, so check yours rather than assuming. Our landlord licensing guide explains the types of licence and how to find out what applies. For the official overview of HMO and council licensing, see gov.uk houses in multiple occupation licence. Step 7 - Price and prepare the property With the legal groundwork done, set a realistic rent and get the property ready - clean, safe, in good repair, and with any required documents to hand. Look at what comparable homes nearby are actually achieving rather than guessing. If you would rather not do this yourself, a local agent can advise on rent and presentation; on Domovita you can choose either route. Step 8 - Advertise and find tenants Now you can market the property. List it on Domovita yourself with clear photos and an honest, accurate description, or instruct a local agent to advertise and conduct viewings on your behalf. Be straight about the property's condition and costs - misleading or omitting material information can land you in trouble under consumer protection law, including the Digital Markets, Competition and Consumers Act 2024. For the official position on what you must disclose, see gov.uk. Step 9 - Reference tenants and carry out Right to Rent checks Once you have an interested applicant, reference them - identity, affordability and previous-landlord checks help you let with confidence. Separately, in England you must carry out a Right to Rent check on every adult who will live there before the tenancy begins. Our tenant referencing guide and Right to Rent checks guide cover both; for the official guidance and acceptable documents, see gov.uk check a tenant's Right to Rent. Step 10 - Take a deposit, protect it, and serve the prescribed information If you take a deposit, it must not exceed the legal cap, it must be protected in a government-approved scheme within the required time, and you must give the tenant the prescribed information about where it is held. Getting this wrong can affect your ability to recover possession later, so follow it carefully. For the cap amount, the protection deadline and the prescribed-information rules, see our deposit protection guide and check the current figures on gov.uk tenancy deposit protection. Step 11 - Use an up-to-date tenancy agreement Use a current written agreement that reflects the post-2026 framework - an assured periodic tenancy, without the old "no-fault" route. An out-of-date template can contain clauses that are no longer valid or enforceable. Our tenancy agreement and periodic tenancies guide explains what a compliant agreement should and should not contain. Step 12 - Serve the Information Sheet and keep up with ongoing duties At the start of the tenancy you must give the tenant the Renters' Rights Act Information Sheet 2026, and then keep meeting your duties for as long as you let - safety renewals, repairs, deposit handling at the end, and tax. On tax, the restriction on finance-cost relief (often called Section 24) and Making Tax Digital for Income Tax both affect how landlords report and pay; check whether and when they apply to you. See our Information Sheet 2026 guide and landlord tax and MTD guide, and confirm the current tax position with HMRC. A quick word on getting help None of this needs to be daunting. Plenty of landlords manage everything themselves, and plenty prefer to hand the day-to-day to a local agent who knows the area and the paperwork. Domovita supports both: list it yourself and work through the steps above, or bring in an agent to do the heavy lifting. Whichever you choose, keep copies of every certificate, check and notice - good records are your best protection if anything is ever questioned. Because the figures and rules in this area change, treat the linked guides and the relevant gov.uk pages as the live source of truth, and take professional advice where your situation is complicated. Frequently asked questions Do I need permission from my mortgage lender to let my property? Almost certainly, yes. Letting a mortgaged property without your lender's consent can breach your mortgage terms. Tell your lender and your buildings insurer before you advertise, because a standard residential policy may not cover a let property. See the overview at gov.uk renting out a property. What changed for landlords from 1 May 2026? Under the Renters' Rights Act 2025, tenancies in England run as assured periodic tenancies and possession is sought through the Section 8 route rather than the old no-fault process. This affects the agreement you use and how a tenancy ends. Read our Renters' Rights Act guide for landlords and check gov.uk private renting for the current position. What safety certificates do I need before letting? Typically a valid EPC that meets the minimum energy standard, an annual gas safety record (CP12) if there is gas, and an electrical safety report (EICR), plus working smoke and carbon-monoxide alarms where required. The exact intervals and rules are in our EPC, gas safety and EICR guides; confirm the current detail on gov.uk. Do I need a licence to let my property? It depends on your property and your area. Houses in multiple occupation often need a licence, and some councils run selective or additional schemes for ordinary rented homes. Whether a scheme applies is set by the local council, so check yours. Our landlord licensing guide explains how to find out. How much deposit can I take and how quickly must I protect it? Deposits are capped and must be protected in a government-approved scheme within a set time, with prescribed information given to the tenant. We have deliberately not restated the cap or the deadline here because they can change - see our deposit protection guide for the current figures, and check gov.uk tenancy deposit protection. What are my ongoing duties once a tenant moves in? You must serve the Renters' Rights Act Information Sheet 2026 at the start, then keep up safety renewals, repairs, correct deposit handling, and your tax obligations. On tax, the Section 24 finance-cost restriction and Making Tax Digital for Income Tax may apply - check your position with HMRC and see our landlord tax and MTD guide. General information, not legal advice. This guide explains the rules in plain English and is kept under review, but the law changes and every situation is different. Always check the current position on the official gov.uk pages linked above, and take professional advice - a solicitor, conveyancer, accountant, or your local council as appropriate - before relying on it for a specific decision. { "@context": "https://schema.org", "@type": "Article", "headline": "How to let your property: a landlord's step-by-step guide for 2026", "description": "A landlord's step-by-step guide to letting a property in England in 2026, in the right order - from lender consent and safety certificates to the Renters' Rights Act, deposits, the Information Sheet 2026 and tax. 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The accidental landlord: what to do when you didn't plan to let
By Laura at Domovita Plenty of people become landlords without ever planning to. You might have inherited a property, struggled to sell in a quiet market, or moved in with a partner and ended up with a spare home on your hands. Whatever the route, the law makes no distinction: an accidental landlord carries exactly the same legal obligations as someone who set out to build a property portfolio. The good news is that those obligations are well-defined and manageable once you know what they are. This guide walks you through the legal must-dos, the two things people most often forget, and how to decide what to do next. Last reviewed: 30 May 2026. First, the mindset shift: you are now a landlord It can feel odd to call yourself a landlord when you never intended to be one. But the moment you let a property to a tenant in exchange for rent, you take on the full set of duties that any landlord has. There is no "accidental landlord" exemption that lightens the load. The sensible approach is to treat it like any other responsibility you take seriously: understand the rules, get the paperwork right at the start, and keep records. The general gov.uk overview at renting out a property is a good orientation point, and your tenant's perspective is set out at private renting. The legal obligations you must meet Rather than restate every figure here - which would risk going out of date - each duty has its own dedicated guide with the current detail. Work through these before you hand over any keys. The tenancy framework The legal landscape for new tenancies changed significantly from 1 May 2026 under the Renters' Rights Act 2025, which moved private renting onto assured periodic tenancies and changed how landlords can seek possession through Section 8 grounds. This affects the type of tenancy you can offer and how it can end, so it is worth understanding before you draw up an agreement. See our guide on the Renters' Rights Act for landlords, and check the current position on gov.uk as guidance is updated. Safety and certification Safety is the area where getting it wrong carries the most serious consequences. Before a tenant moves in you generally need to have arranged: A gas safety check and certificate (often called a CP12) where there are gas appliances - see gas safety certificates. An electrical safety inspection and report (EICR) - see EICR electrical safety. Working smoke alarms and carbon monoxide alarms as required. A valid Energy Performance Certificate (EPC), and compliance with the Minimum Energy Efficiency Standards (MEES) - see EPC, rental and MEES rules. You can look up an existing certificate via find an energy certificate. The exact thresholds, renewal periods and standards change over time, so confirm the current requirement in each dedicated guide rather than relying on what a friend told you a few years ago. Deposit protection If you take a deposit, you must protect it in one of the government-approved schemes and give your tenant the prescribed information within the statutory deadline (commonly described as the 30-day rule). There are three approved schemes. Getting this wrong can be costly and can affect your ability to regain possession later, so read deposit protection carefully, and check the current rules on protecting a deposit at gov.uk. Note that what you can charge a tenant is also restricted - check the current position on tenant fees on gov.uk. Right to Rent and referencing In England you must check that your tenant has the right to rent before the tenancy begins - the official process is at check a tenant's right to rent documents, and our guide is at Right to Rent checks. Separately, tenant referencing (checking affordability and history) is not a legal requirement but is sensible risk management, and you must carry it out fairly and without discrimination - see the gov.uk guidance on discrimination and your rights. Landlord licensing Some properties need a licence to let. Whether a licence applies to your property is set by the local council, so you must check yours - it varies from area to area and we cannot tell you the status of any particular street. Selective and additional licensing schemes are introduced locally, and houses in multiple occupation have their own rules - start with the gov.uk overview of HMO licensing. Then read our guide on landlord licensing and contact your council directly. Tax Rental income is taxable, and the rules have moved on in recent years - including the way mortgage interest is treated (often referred to as Section 24) and the phased rollout of Making Tax Digital (MTD) for Income Tax. If you later sell, Capital Gains Tax may apply. Because rates, allowances and start dates change, do not rely on a remembered figure: read landlord tax and MTD, and check the current figures with HMRC, including Capital Gains Tax and the rules on selling a property you have lived in at tax when you sell your home. Two things accidental landlords almost always forget These two catch people out precisely because they were not planning to let, so they never thought to look into them. Tell your mortgage lender. If the property has a residential mortgage, letting it out without permission usually breaches your mortgage terms. You will normally need either "consent to let" from your existing lender or a switch to a buy-to-let mortgage. Speak to your lender before a tenant moves in. Tell your insurer. A standard home insurance policy generally will not cover a let property, and a claim could be refused if the insurer was not told. You typically need landlord insurance instead. Sort this out before the tenancy starts, not after. The bigger decision: let it, use an agent, or sell? Once you understand the obligations, step back and decide what actually suits you. There is no single right answer - it depends on your finances, how much involvement you want, and your longer-term plans. OptionWhat it meansGood fit if... Let it yourselfYou handle compliance, the tenancy, rent and maintenance directly.You want to keep more of the rent, are comfortable learning the rules, and can be reasonably hands-on. Use a letting agentA local agent manages some or all of it - from tenant-find only through to full management.You are time-poor, live far from the property, or simply prefer a professional to handle the day-to-day. SellYou release the capital and step away from being a landlord altogether.You do not want the responsibility, or the numbers do not stack up once tax, insurance and upkeep are counted. All three are legitimate. With Domovita you can list a property to let yourself, or bring in a local agent to do it for you - both are fully supported, and neither is the "lesser" choice. If you decide to let, our step-by-step guide on how to let your property pulls the practical sequence together. If you are leaning towards selling, the gov.uk overview at buying and selling your home is a useful starting point. A sensible order to tackle it If it all feels like a lot at once, take it in this order: confirm your mortgage and insurance position first (because letting without them can unravel everything else), then arrange the safety certificates, then sort the tenancy paperwork, deposit protection and Right to Rent checks, and finally get your tax affairs registered. Keep copies of everything. Done in that sequence, becoming a landlord by accident need not become a problem by accident too. This guide is general information, not legal, financial or tax advice. Rules change and vary by circumstance, so always confirm the current detail through the linked gov.uk, HMRC and legislation pages, and consider professional advice for anything significant. Frequently asked questions Do I have fewer responsibilities because I became a landlord by accident? No. An accidental landlord has exactly the same legal obligations as any other landlord - safety certificates, deposit protection, Right to Rent checks, the correct tenancy type, and tax on rental income. There is no lighter-touch regime for people who did not plan to let. The gov.uk overview at https://www.gov.uk/renting-out-a-property is a good starting point. Can I let my home if it still has my residential mortgage on it? Usually not without telling your lender. Letting a property on a residential mortgage normally breaches the mortgage terms, so you would typically need consent to let from your existing lender or a switch to a buy-to-let mortgage. Always speak to your lender before a tenant moves in. Will my normal home insurance cover the property once I let it? Generally no. Standard home insurance usually does not cover a let property, and a claim could be refused if you did not tell the insurer. You normally need landlord insurance instead, arranged before the tenancy starts. Do I need a licence to let my property? It depends on where the property is. Landlord and HMO licensing is set by the local council and varies from area to area, so you must check with your own council - we cannot tell you the status of a particular property or street. See our landlord licensing guide and contact your council directly. Will I have to pay tax on the rent and if I sell later? Rental income is taxable and the rules have changed in recent years, including how mortgage interest is treated and the rollout of Making Tax Digital for Income Tax. Capital Gains Tax may apply if you sell. Rates and allowances change, so check the current figures with HMRC at https://www.gov.uk/government/organisations/hm-revenue-customs rather than relying on older figures. Should I let the property myself or use an agent? Both are valid and it comes down to how hands-on you want to be. Letting it yourself keeps more of the rent and gives you direct control; a local agent saves you time and handles the day-to-day, which helps if you are busy or live far away. With Domovita you can list it yourself or bring in a local agent - both are fully supported. General information, not legal advice. This guide explains the rules in plain English and is kept under review, but the law changes and every situation is different. Always check the current position on the official gov.uk pages linked above, and take professional advice - a solicitor, conveyancer, accountant, or your local council as appropriate - before relying on it for a specific decision. { "@context": "https://schema.org", "@type": "Article", "headline": "The accidental landlord: what to do when you didn't plan to let", "description": "Became a landlord by accident? You carry the same legal duties as any landlord. 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There is no lighter-touch regime for people who did not plan to let. The gov.uk overview at https://www.gov.uk/renting-out-a-property is a good starting point." } }, { "@type": "Question", "name": "Can I let my home if it still has my residential mortgage on it?", "acceptedAnswer": { "@type": "Answer", "text": "Usually not without telling your lender. Letting a property on a residential mortgage normally breaches the mortgage terms, so you would typically need consent to let from your existing lender or a switch to a buy-to-let mortgage. Always speak to your lender before a tenant moves in." } }, { "@type": "Question", "name": "Will my normal home insurance cover the property once I let it?", "acceptedAnswer": { "@type": "Answer", "text": "Generally no. Standard home insurance usually does not cover a let property, and a claim could be refused if you did not tell the insurer. You normally need landlord insurance instead, arranged before the tenancy starts." } }, { "@type": "Question", "name": "Do I need a licence to let my property?", "acceptedAnswer": { "@type": "Answer", "text": "It depends on where the property is. Landlord and HMO licensing is set by the local council and varies from area to area, so you must check with your own council - we cannot tell you the status of a particular property or street. See our landlord licensing guide and contact your council directly." } }, { "@type": "Question", "name": "Will I have to pay tax on the rent and if I sell later?", "acceptedAnswer": { "@type": "Answer", "text": "Rental income is taxable and the rules have changed in recent years, including how mortgage interest is treated and the rollout of Making Tax Digital for Income Tax. Capital Gains Tax may apply if you sell. Rates and allowances change, so check the current figures with HMRC at https://www.gov.uk/government/organisations/hm-revenue-customs rather than relying on older figures." } }, { "@type": "Question", "name": "Should I let the property myself or use an agent?", "acceptedAnswer": { "@type": "Answer", "text": "Both are valid and it comes down to how hands-on you want to be. Letting it yourself keeps more of the rent and gives you direct control; a local agent saves you time and handles the day-to-day, which helps if you are busy or live far away. With Domovita you can list it yourself or bring in a local agent - both are fully supported." } } ] }
Tenancy agreements and assured periodic tenancies after the Renters' Rights Act
By Laura at Domovita The Renters' Rights Act 2025 reshaped how private tenancies in England begin, run and end. If you are letting a property or renting one, the old assured shorthold tenancy (AST) you may remember has gone, and a written agreement built around it is now out of date. This guide explains what your tenancy agreement should still cover and how the new assured periodic tenancy (APT) works in plain English. Last reviewed: 30 May 2026. What changed on 1 May 2026 From 1 May 2026 the Renters' Rights Act 2025 is in force. The headline change is that all assured shorthold tenancies have converted to assured periodic tenancies. Fixed-term ASTs - the familiar "12-month tenancy" - are no longer the norm for new lets. If you signed an AST before that date, it has automatically become an assured periodic tenancy; you do not need to re-sign anything for the conversion itself to take effect. This is a significant reform, so it is worth checking the current government guidance for the detail that applies to your situation. The general starting points are renting out a property for landlords and private renting for tenants. For a fuller landlord walkthrough, see our Renters' Rights Act guide for landlords. How an assured periodic tenancy works An assured periodic tenancy is open-ended rather than locked to a fixed term. The key mechanics under the new regime are: It runs on monthly periods. Rather than ending on a set date, the tenancy rolls from one monthly period to the next. The tenant can leave with two months' notice. A tenant who wants to move on gives two months' notice to end the tenancy. There is no fixed-term lock-in. Because fixed terms are no longer the default, the long minimum commitment that ASTs often imposed has gone. For landlords, the practical effect is that the tenancy continues until it is ended properly by one side or the other, rather than expiring on a calendar date. If any detail of notice periods or process is unclear for your circumstances, check the current guidance on gov.uk rather than relying on an older tenancy template. The end of Section 21 "no-fault" eviction Section 21 - the "no-fault" route that let a landlord end an AST without giving a reason - has been abolished. Possession is now sought only through the Section 8 grounds process, using the new Form 3A. There are 37 grounds in total: 20 mandatory and 17 discretionary. Which ground applies, and the evidence and notice it requires, depends entirely on the circumstances, so this is not something to improvise. We cover the routes and what each ground means in our Section 8 grounds explained guide. For the current possession procedure, the grounds and the correct forms, always work from the live guidance on gov.uk rather than an older template, as the detail can change. Renting and bidding: what is now banned or capped Two changes affect how a tenancy is set up at the start: Bidding wars are banned. Inviting or encouraging prospective tenants to offer more than the advertised rent is no longer allowed. Rent in advance is capped at one month. A landlord or agent cannot require more than one month's rent up front. These sit alongside the existing rules on what you can and cannot charge a tenant under the Tenant Fees Act 2019. If you are unsure whether a particular up-front payment is allowed, treat the cap as the firm limit and check the current detail on gov.uk before asking for it. What your written tenancy agreement should cover A tenancy can exist without a written agreement, but a clear written one protects both sides and avoids arguments later. Even under the new regime, a good agreement still sets out the basics: The parties - the full names of the landlord (or the agent acting for them) and every tenant. The property - the address and exactly what is included (for example, parking, a garden, or shared areas). The rent - how much, when it is due, and how it is paid. The deposit - how much it is and how it is protected. Deposit protection is a legal requirement with strict deadlines, covered in our deposit protection guide. Repairing responsibilities - who is responsible for what, within the limits the law sets. House rules - practical matters such as pets, smoking, subletting and keeping the property in good order. The crucial point is that the agreement cannot contract out of the statutory regime. A clause that tries to remove a tenant's statutory rights, reinstate a Section 21 route, or impose a fixed term that overrides the new rules will not be enforceable just because both parties signed it. The law sits on top of whatever the agreement says. Why old AST templates are a problem If you are reusing a tenancy template from before May 2026, check it carefully. Old AST templates that reference Section 21, fixed terms, or the pre-reform notice routine are now out of date and should not be used. At best the offending clauses are simply unenforceable; at worst, relying on them could cause a costly mistake when you come to recover possession or end the tenancy. It is safer to start from a current, compliant agreement than to patch an old one. Discrimination and the wider rules Whichever route you take to set up a tenancy, the usual protections still apply. You must not discriminate against prospective tenants on protected grounds under the Equality Act 2010, and how you advertise and describe a property is also subject to fair-marketing duties under the Digital Markets, Competition and Consumers Act 2024. If you handle tenant data, you have obligations under UK data protection law - the Information Commissioner's Office is the place to check. Separately, many areas operate selective or additional landlord licensing. Whether a licence is needed is set by the local council, so check yours rather than assuming - requirements vary from one area to the next, and there is no single national answer. Listing or letting with Domovita Whether you manage a let yourself or bring in a local agent, both work well on Domovita. If you would rather hand over the paperwork, notices and compliance side of a tenancy, a good local letting agent does this day in, day out and will use current agreements as a matter of course. If you prefer to handle it yourself, build from an up-to-date, compliant tenancy agreement and keep the live gov.uk guidance to hand. Either way, the new assured periodic tenancy regime applies - the choice is simply who does the work. This guide is general information, not legal advice. Tenancy law carries real consequences when it goes wrong, so for anything specific to your property or circumstances, check the current guidance on gov.uk or take professional advice before you act. Frequently asked questions Do I need to re-sign anything now my AST has become an assured periodic tenancy? No. From 1 May 2026 all assured shorthold tenancies converted automatically to assured periodic tenancies, so the conversion itself does not require a new signature. That said, an agreement that still references Section 21 or a fixed term is out of date, so it is worth replacing the document with a current, compliant one. Check the latest guidance at gov.uk. How does a tenant end an assured periodic tenancy? An assured periodic tenancy runs on monthly periods, and a tenant who wants to leave gives two months' notice. Because the tenancy is open-ended rather than fixed, there is no set expiry date - it continues until properly ended. For the current process detail, see the private renting guidance on gov.uk. Can a landlord still use a Section 21 no-fault eviction? No. Section 21 has been abolished. A landlord seeking possession now uses the Section 8 grounds process with the new Form 3A. There are 37 grounds in total - 20 mandatory and 17 discretionary - and the right one depends on the circumstances. Our Section 8 grounds explained guide covers the routes, and you should work from the live procedure on gov.uk. How much rent in advance can a landlord ask for now? Rent in advance is capped at one month under the Renters' Rights Act regime, and bidding wars - encouraging offers above the advertised rent - are banned. If you are unsure whether a particular up-front payment is allowed, treat one month as the firm limit and check the current rules on gov.uk before asking for more. Does my written tenancy agreement still matter if the law sits on top of it? Yes. A clear written agreement still sets out the parties, the property, the rent and how it is paid, the deposit, repairing responsibilities and house rules, and it protects both sides if there is a dispute. What it cannot do is contract out of the statutory regime - a clause that tries to remove a tenant's statutory rights or reinstate an abolished route will not be enforceable just because it was signed. Do I need a licence to let my property? It depends on where the property is. Selective and additional landlord licensing is set by the local council, so you need to check the rules for your specific area rather than assume - requirements vary from one council to the next and there is no single national answer. General information, not legal advice. This guide explains the rules in plain English and is kept under review, but the law changes and every situation is different. 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There are 37 grounds in total - 20 mandatory and 17 discretionary - and the right one depends on the circumstances. Our Section 8 grounds explained guide covers the routes, and you should work from the live procedure on gov.uk." } }, { "@type": "Question", "name": "How much rent in advance can a landlord ask for now?", "acceptedAnswer": { "@type": "Answer", "text": "Rent in advance is capped at one month under the Renters' Rights Act regime, and bidding wars - encouraging offers above the advertised rent - are banned. If you are unsure whether a particular up-front payment is allowed, treat one month as the firm limit and check the current rules on gov.uk before asking for more." } }, { "@type": "Question", "name": "Does my written tenancy agreement still matter if the law sits on top of it?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. A clear written agreement still sets out the parties, the property, the rent and how it is paid, the deposit, repairing responsibilities and house rules, and it protects both sides if there is a dispute. What it cannot do is contract out of the statutory regime - a clause that tries to remove a tenant's statutory rights or reinstate an abolished route will not be enforceable just because it was signed." } }, { "@type": "Question", "name": "Do I need a licence to let my property?", "acceptedAnswer": { "@type": "Answer", "text": "It depends on where the property is. Selective and additional landlord licensing is set by the local council, so you need to check the rules for your specific area rather than assume - requirements vary from one council to the next and there is no single national answer." } } ] }
Tenant referencing: how to check a prospective tenant
By Laura at Domovita Letting your property to the right tenant starts with good referencing - a structured set of checks that help you understand who you are about to enter a tenancy with. Done well, referencing protects both sides: you gain confidence the rent is affordable and the tenant is who they say they are, and the tenant gets a clear, consistent process. Done badly, it can be unfair, unlawful, or simply miss the things that matter. This guide walks through what referencing covers, how the separate Right to Rent check fits in, what you can and cannot charge, and how to keep the whole process lawful - whether you are letting the property yourself or working with a local agent. Last reviewed: 30 May 2026. What tenant referencing actually covers Referencing is not a single test - it is a bundle of checks that together build a picture of a prospective tenant. A typical reference covers: Identity - confirming the person is who they say they are. Right to rent - confirming they are legally allowed to rent a home in England (see below - this is a distinct legal duty, not just part of a credit report). Affordability and income - checking the rent is realistically affordable on their income. Employment - confirming their employment status, often with an employer or via payslips. A previous-landlord reference - asking a former landlord or agent about rent payment and conduct. A credit check - looking for adverse credit such as defaults, County Court Judgments or bankruptcies. Many landlords and agents use a referencing company to gather these in one report. You can also do parts yourself - for example, asking for payslips and contacting a previous landlord directly. Whichever route you take, be consistent: apply the same checks to every applicant for the same property, so no one can reasonably argue they were treated differently. For a general overview of your responsibilities when letting, see the gov.uk guide to renting out a property. How Right to Rent fits in Right to Rent is a separate legal duty, not just a line on a credit report. In England, a landlord must check that a prospective adult tenant has the right to rent before the tenancy begins. This applies to every adult who will live in the property as their only or main home, not only the named tenant. You check by seeing acceptable documents (or using an approved online check for those who have a share code), confirming they are genuine and belong to the person in front of you, and keeping a dated copy. Because the rules on acceptable documents and how to verify them are detailed and change over time, follow the current official guidance rather than relying on memory. Start with the gov.uk page on how to check a tenant's right to rent documents, and see our companion guide on Right to Rent checks for a step-by-step walkthrough. If you are unsure whether someone's documents or immigration status qualify, check the current gov.uk guidance before granting the tenancy - do not guess. What you can and cannot charge a tenant This is where many landlords slip up. In England, the Tenant Fees Act 2019 bans most fees charged to tenants. Crucially, you cannot charge a tenant for referencing. The cost of credit checks, reference reports and admin falls on the landlord or agent, never the tenant. Charging for referencing - whether directly or dressed up as an "application" or "admin" fee - is a prohibited payment. Only certain "permitted payments" are allowed. In broad terms these are: Rent. A tenancy deposit, which is capped (see below). A holding deposit, which is also capped in law. Limited default fees - for example for a lost key or late rent - within the limits the Act allows. The deposit cap depends on the annual rent: a tenancy deposit is capped at 5 weeks' rent where the annual rent is under £50,000, or 6 weeks' rent where the annual rent is £50,000 or more. The deposit must also be protected in a government-approved scheme - see our guide on deposit protection for how that works. For the exact, current limits on holding deposits and default fees, and the full list of permitted and prohibited payments, check the current gov.uk guidance for landlords on renting out a property, as the figures and rules can change. A practical point: if you ask for a holding deposit while you reference, be clear in writing what it is, when it counts towards the first rent or deposit, and the circumstances in which it may be kept. Vague terms here cause disputes. How to reference fairly and lawfully Referencing must be fair as well as thorough. Two bodies of law shape this. Do not discriminate You must not discriminate against applicants on protected grounds under the Equality Act 2010 - for example race, disability, sex, religion or belief. Beyond that, the Renters' Rights Act 2025 strengthens tenant protections: discrimination against prospective tenants who have children or who are on benefits is banned, and a tenant's request to keep a pet cannot be unreasonably refused. In practice this means you should not advertise or screen on a "no children" or "no DSS/benefits" basis, and you should consider pet requests on their merits rather than applying a blanket ban. Because the detailed rules under the Renters' Rights Act 2025 are still bedding in, check the current gov.uk guidance on private renting for how the protections apply to your situation rather than relying on older assumptions. The safest approach is an objective, written set of criteria - for example a minimum affordability ratio and a satisfactory previous-landlord reference - applied identically to everyone, with your reasons recorded. If you decline an applicant, base it on the criteria, not on personal characteristics. Handle personal data properly A credit and reference check processes a lot of personal data - financial history, employment, sometimes sensitive information. You must handle it lawfully under UK GDPR: collect only what you genuinely need, tell applicants what you are collecting and why, keep it secure, and do not hold it longer than necessary. Unsuccessful applicants' data should generally be deleted once it is no longer needed. The Information Commissioner's Office sets out what good data handling looks like - see the ICO for guidance on your obligations as a data controller. Putting it together A sound referencing process looks like this: agree your written criteria up front; carry out the Right to Rent check before the tenancy begins; gather identity, affordability, employment, previous-landlord and credit information consistently for every applicant; charge only permitted payments and never bill the tenant for the referencing itself; and store the data securely and lawfully. If you would rather not run this yourself, a local letting agent can manage referencing for you - on Domovita you can list and let the property independently or bring in an agent, whichever suits you. Either way, the legal duties above still apply, so it is worth understanding them even if someone else does the legwork. Property law in England moves quickly, and several of the rules touched on here - permitted-payment limits, deposit caps and the Renters' Rights Act 2025 protections - can change. Treat the official sources linked above as the live reference, and check the current gov.uk and ICO guidance before you rely on any specific figure or rule. Frequently asked questions Can I charge a tenant a referencing or admin fee? No. In England the Tenant Fees Act 2019 bans charging tenants for referencing. The cost of credit checks, reference reports and related admin falls on the landlord or agent. Only permitted payments are allowed - broadly rent, a capped tenancy deposit, a capped holding deposit, and limited default fees. For the full and current list, check the gov.uk guidance on renting out a property. Is the Right to Rent check the same as a credit check? No. Right to Rent is a separate legal duty. In England you must check that every adult who will live in the property as their main home has the right to rent before the tenancy begins, by seeing and verifying acceptable documents or using an approved online check. A credit check looks at financial history and is part of referencing, but it does not satisfy the Right to Rent duty. See gov.uk for how to check right to rent documents. How much can I take as a deposit? The tenancy deposit is capped: 5 weeks' rent where the annual rent is under £50,000, or 6 weeks' rent where the annual rent is £50,000 or more. The deposit must also be protected in a government-approved scheme. Holding deposits and default fees have their own limits under the Tenant Fees Act 2019 - check the current gov.uk guidance for those exact figures, as they can change. Can I refuse tenants with children or on benefits? No. Under the Renters' Rights Act 2025, discrimination against prospective tenants who have children or who are on benefits is banned, and you must not unreasonably refuse a tenant's request to keep a pet. You also must not discriminate on protected grounds under the Equality Act 2010. Use objective, written criteria applied to everyone, and check the current gov.uk private renting guidance for how these protections apply. What does a tenant reference usually cover? A typical reference covers identity, right to rent, affordability and income, employment, a previous-landlord reference, and a credit check. Many landlords use a referencing company to gather these in one report, but you can carry out parts yourself, such as requesting payslips and contacting a previous landlord. The key is to apply the same checks consistently to every applicant for the same property. Do I have data protection duties when referencing? Yes. A reference and credit check processes personal data, so you must handle it lawfully under UK GDPR. Collect only what you genuinely need, tell applicants what you are collecting and why, keep it secure, and do not keep it longer than necessary - unsuccessful applicants' data should usually be deleted once it is no longer needed. The ICO publishes guidance on your obligations as a data controller. General information, not legal advice. This guide explains the rules in plain English and is kept under review, but the law changes and every situation is different. 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The cost of credit checks, reference reports and related admin falls on the landlord or agent. Only permitted payments are allowed - broadly rent, a capped tenancy deposit, a capped holding deposit, and limited default fees. For the full and current list, check the gov.uk guidance on renting out a property." } }, { "@type": "Question", "name": "Is the Right to Rent check the same as a credit check?", "acceptedAnswer": { "@type": "Answer", "text": "No. Right to Rent is a separate legal duty. In England you must check that every adult who will live in the property as their main home has the right to rent before the tenancy begins, by seeing and verifying acceptable documents or using an approved online check. A credit check looks at financial history and is part of referencing, but it does not satisfy the Right to Rent duty. See gov.uk for how to check right to rent documents." } }, { "@type": "Question", "name": "How much can I take as a deposit?", "acceptedAnswer": { "@type": "Answer", "text": "The tenancy deposit is capped: 5 weeks' rent where the annual rent is under £50,000, or 6 weeks' rent where the annual rent is £50,000 or more. The deposit must also be protected in a government-approved scheme. Holding deposits and default fees have their own limits under the Tenant Fees Act 2019 - check the current gov.uk guidance for those exact figures, as they can change." } }, { "@type": "Question", "name": "Can I refuse tenants with children or on benefits?", "acceptedAnswer": { "@type": "Answer", "text": "No. Under the Renters' Rights Act 2025, discrimination against prospective tenants who have children or who are on benefits is banned, and you must not unreasonably refuse a tenant's request to keep a pet. You also must not discriminate on protected grounds under the Equality Act 2010. Use objective, written criteria applied to everyone, and check the current gov.uk private renting guidance for how these protections apply." } }, { "@type": "Question", "name": "What does a tenant reference usually cover?", "acceptedAnswer": { "@type": "Answer", "text": "A typical reference covers identity, right to rent, affordability and income, employment, a previous-landlord reference, and a credit check. Many landlords use a referencing company to gather these in one report, but you can carry out parts yourself, such as requesting payslips and contacting a previous landlord. The key is to apply the same checks consistently to every applicant for the same property." } }, { "@type": "Question", "name": "Do I have data protection duties when referencing?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. A reference and credit check processes personal data, so you must handle it lawfully under UK GDPR. 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