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 has confirmed that the MEES minimum will rise from E to EPC C, with a deadline of 1 October 2030. 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. Records must be kept for at least two years. 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. The report must be provided to tenants at the start of their tenancy and to any new tenant subsequently. 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 (boiler, gas fire, wood burner) - this was extended to gas boilers as well as solid fuel appliances in 2022
- 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 (passport, biometric residence permit, or share code via the online service for those with digital immigration status). 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 £20,000 per occupant (Immigration Act 2014; check the current figures on GOV.UK).
Tenant Information: The Renters' Rights Act Information Sheet 2026
At the start of a tenancy, landlords must serve the government's Renters' Rights Act Information Sheet 2026 (the exact PDF from GOV.UK - a link is not enough). This replaced the old How to Rent guide, which has been withdrawn; existing tenants were to be served by 31 May 2026 (failure carries a civil penalty up to £7,000 - see the official Information Sheet page). 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, and landlords cannot use fitness failures to justify eviction.
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 Renters' Rights Act 2025 came into force on 1 May 2026. It abolished Section 21 "no-fault" evictions (all tenancies are now Assured Periodic Tenancies, with possession via Section 8 only), 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 - are not yet in force; the 1 May 2026 commencement expressly carved them out (SI 2026/421) and they phase in over 2026-2027. 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 penalty notices of up to £30,000 for certain breaches. 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: 6 June 2026. 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.