Landlord Legal Obligations: What Landlords in England Must Know in 2026
Being a landlord in England carries a substantial legal and regulatory responsibility. The compliance requirements have grown considerably over the past decade and continue to evolve. This guide covers the key obligations every residential landlord in England must meet - and the consequences of falling short.
Energy Performance Certificate (EPC)
Every rental property must have a valid EPC rated E or above before it can be let. Properties rated F or G cannot legally be rented out, subject to limited exemptions (such as listed buildings where improvements would not be permitted). EPCs are valid for 10 years. The government said on 21 January 2026 that it plans to require all private rented homes in scope to meet a new standard - a target of EPC C, measured on the new EPC metrics, by 1 October 2030 (government response). The regulations that make this law have not been made yet, so check gov.uk before relying on the detail. See our EPC and MEES guide for the detail and the current gov.uk source; landlords with lower-rated stock should plan ahead, as the cost of improvement can be significant.
Gas Safety
If your property has any gas appliances or a gas supply, you must have an annual gas safety check carried out by a Gas Safe registered engineer. You must provide a copy of the gas safety certificate to existing tenants within 28 days of the check and to new tenants before they move in. Each record must be kept until there have been two further checks of that appliance or flue, or for two years from the last check if the appliance or flue is removed (Gas Safety (Installation and Use) Regulations 1998, reg 36). Failure to comply is a criminal offence and can result in an unlimited fine or imprisonment.
Electrical Safety
All private rented properties in England must have a valid Electrical Installation Condition Report (EICR) carried out by a qualified electrician every five years, or more frequently if the report recommends it. A copy must go to existing tenants within 28 days of each inspection, and to a new tenant before they move in. Any remedial work identified in the report must be completed within 28 days (or sooner if specified).
Smoke and Carbon Monoxide Alarms
Landlords must ensure:
- At least one working smoke alarm on every storey of the property used as living accommodation
- A working carbon monoxide alarm in any room containing a fixed combustion appliance such as a boiler, gas fire or wood burner (gas cookers are excluded) - this has applied since 1 October 2022 (gov.uk alarms guidance)
- Faulty alarms are repaired or replaced once you are told about them
- Alarms are tested and in working order at the start of each new tenancy
Tenancy Deposit Protection
If you take a deposit from a tenant, it must be registered with a government-approved tenancy deposit protection scheme within 30 days of receipt. You must also provide the tenant with the "prescribed information" - details of the scheme, how to get the deposit back, and what happens in a dispute. The three approved schemes are the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme.
Failure to protect a deposit correctly means it exposes you to a claim for between one and three times the deposit amount.
Right to Rent Checks
Before the start of every new tenancy, landlords in England must check that all adult occupants aged 18 or over have the right to rent in the UK. This involves checking identity documents (for example a passport, or a share code to view their status online if they have an eVisa - you cannot accept biometric residence cards or permits). Records of the check must be kept for at least one year after the tenancy ends. Renting to someone without the right to rent can result in a civil penalty of up to £10,000 per occupier for a first breach, or £20,000 for a repeat breach within three years (Immigration Act 2014; check the current figures on GOV.UK).
Tenant Information: Written Key Terms and the Information Sheet 2026
For a new tenancy created on or after 1 May 2026, landlords must give the tenant certain written information about the key terms of the tenancy before signing or otherwise agreeing it. It can be in the tenancy agreement or given separately, and failing to give it can mean a fine of up to £7,000 (see gov.uk written information for your tenant and the 2026 Regulations). The government's Renters' Rights Act Information Sheet 2026 is a different document for existing tenancies: most landlords had to give it by 31 May 2026, as the exact PDF from GOV.UK (a link is not enough), with a fine of up to £7,000 for failing to do so. After that date it is needed only where a Section 21 or Section 8 notice given before 1 May 2026 stops being valid, or the court process ends without possession, and the tenancy becomes an assured periodic tenancy - then within one month (see the official Information Sheet page). The old How to Rent guide was withdrawn on 1 May 2026. Section 21 has been abolished (1 May 2026), so possession is now via Section 8 only.
Fitness for Human Habitation
Under the Homes (Fitness for Human Habitation) Act 2018, landlords must ensure their properties are fit for human habitation at the start of and throughout the tenancy. This includes freedom from serious hazards under the Housing Health and Safety Rating System (HHSRS) - which covers structural issues, damp and mould, fire risks, excess cold, and many other categories. Tenants can take landlords to court if the property becomes unfit.
Repairs and Maintenance
Landlords are legally responsible for maintaining the structure and exterior of the property, heating and hot water systems, basins, sinks, baths, and sanitary fittings. Repairs must be carried out within a reasonable time of being notified - what counts as reasonable depends on the urgency. Emergency repairs (no heating in winter, a major leak) require a faster response than routine maintenance.
The Renters' Rights Act 2025 (in force)
The main tenancy changes in the Renters' Rights Act 2025 came into force on 1 May 2026. It abolished Section 21 "no-fault" evictions (assured tenancies are now periodic, with possession via Section 8 only). Other parts of the Act - the private rented sector database, the landlord Ombudsman and the extension of the Decent Homes Standard - were not part of the 1 May 2026 commencement (SI 2026/421). The government's implementation roadmap puts the database rollout from late 2026, mandatory Ombudsman membership for landlords in 2028, and the Decent Homes Standard date as still to be confirmed. Check the current commencement position before acting. (See gov.uk - Renters' Rights Act.)
Consequences of Non-Compliance
Local councils have powers to inspect properties and issue improvement notices, prohibition orders, and civil penalties of up to £40,000 for certain housing offences (Housing Act 2004 section 249A, raised from £30,000 on 1 May 2026). Some offences (particularly around gas safety and right to rent) carry criminal penalties. Non-compliant landlords may also find themselves unable to evict tenants or recover possession through standard legal routes.
Last reviewed: 22 October 2026. Tenancy information duties corrected 23 September 2026 against gov.uk. This article provides a general overview of landlord obligations in England, current as of June 2026. Requirements differ in Scotland, Wales, and Northern Ireland. Legislation is subject to change. Always seek advice from a qualified solicitor or property management professional for your specific circumstances.