Before letting in England a landlord must check Right to Rent, protect the deposit within 30 days, hold a gas record, an EICR and an EPC of band E or above, give a written statement of terms, fit alarms and hold any licence. Checks recur during the tenancy; since 1 May 2026 possession is on Section 8 grounds only.
Updated 15 October 2026 · Figures checked against legislation.gov.uk and GOV.UK on 15 October 2026 · Statutory penalties are maximums; councils and courts decide the amount.
The duties fall into three groups: before a tenant moves in, during the tenancy, and at the end. A fourth group, the parts of the Renters' Rights Act 2025 passed but not yet switched on, is listed separately. Each item gives the rule, the cadence, the highest penalty the law allows and the source. Penalties are maxima; councils and courts decide the amount. This describes the duties; it is not advice on your situation. England only.
Check every adult who will live there as their only or main home before the tenancy begins (Immigration Act 2014, Part 3). Penalty: a Home Office civil penalty of up to £10,000 per occupier for a first breach and up to £20,000 for a repeat (lodgers £5,000 and £10,000), set by the Home Office code of practice under a £20,000 statutory maximum (SI 2024/81). Letting to someone with no right to rent, knowing or having reasonable cause to believe it, is a criminal offence (up to five years' imprisonment on indictment).
Protect the deposit in an authorised scheme and give the prescribed information "within the period of 30 days beginning with the date on which it is received" (Housing Act 2004 s.213), so the last compliant day is receipt plus 29. The Tenant Fees Act 2019 caps it at five weeks' rent (six weeks where the annual rent is £50,000 or more). Penalty: a court award of one to three times the deposit (s.214) and no possession order, except on Grounds 7A and 14, until it is put right (s.215).
A Gas Safe registered engineer checks every appliance and flue; a new tenant gets a copy of the latest record "before that tenant occupies those premises" (Gas Safety (Installation and Use) Regulations 1998, reg 36). Penalty: a criminal offence under the Health and Safety at Work etc. Act 1974 s.33: an unlimited fine and up to two years' imprisonment.
The fixed wiring inspected and tested by a qualified person at least every five years; copy to a new tenant before they occupy (Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020). Penalty: up to £40,000 per breach (reg 11, raised from £30,000 from 1 November 2025).
Make a valid EPC available to prospective tenants free of charge (Energy Performance of Buildings Regulations 2012, reg 6; penalty charge £200 under reg 38), and do not let a home rated F or G without a registered exemption (Energy Efficiency (Private Rented Property) Regulations 2015). An EPC lasts 10 years. Penalty: up to £5,000 per property for a MEES breach.
Since 1 May 2026 the tenant must be given a written statement of the prescribed terms "before the tenancy is entered into" (Housing Act 1988 s.16D). The "How to Rent" guide was withdrawn by GOV.UK on 1 May 2026 "due to changes from the Renters' Rights Act" and is kept only for Section 21 notices served before then. Penalty: up to £7,000 for a breach, or up to £40,000 in place of prosecution where it is an offence (Renters' Rights Act 2025 s.15; HA 1988 ss.16I and 16K). It does not by itself bar possession.
Five or more people in two or more households means a mandatory HMO licence; councils may also run additional or selective schemes (Housing Act 2004, Part 2 and Part 3). Penalty: an unlimited fine on conviction or a civil penalty of up to £40,000; a Rent Repayment Order of up to 24 months' rent; a banning order.
A smoke alarm on every storey with living accommodation and a CO alarm in any room with a fixed combustion appliance (gas cookers excluded), tested on the first day of the tenancy (Smoke and Carbon Monoxide Alarm (England) Regulations 2015). Penalty: up to £5,000 for not complying with a remedial notice.
Every appliance and flue "at intervals of not more than 12 months since it was last checked"; copy of the record to the tenant within 28 days (reg 36).
A new report before the five years run out; copy to the tenant within 28 days and to the council within seven days of a request. Same £40,000 maximum.
Renew the 10-year certificate when it expires and you market or re-let; band E applies throughout.
Keep the structure, exterior and installations in repair (Landlord and Tenant Act 1985 s.11) and the home fit for human habitation throughout (s.9A). Penalty: a tenant claim for compensation and works (no cap); council HHSRS enforcement under Housing Act 2004 Part 1, with up to £40,000 for ignoring a notice.
Only by a notice in the prescribed form under Housing Act 1988 s.13, taking effect no earlier than 52 weeks after the tenancy began or the last increase; GOV.UK's guide to the Act puts the notice at "at least 2 months". An invalid notice is ineffective; the tenant can challenge the figure at the First-tier Tribunal.
Repeat the check before a time-limited permission expires (the later of 12 months or the expiry date).
Section 21 was abolished on 1 May 2026: the chapter of the Housing Act 1988 containing section 21 was omitted from that date by the Renters' Rights Act 2025 (SI 2026/421, reg 2). You now serve a Section 8 notice citing Schedule 2 grounds, each with its own notice period, and apply to court if the tenant stays. Unlawful eviction or harassment carries a council civil penalty of up to £40,000 under the Act.
After relying on Ground 1 (moving in) or 1A (selling) you must not re-let on a tenancy of 21 years or less, grant a paid licence, or market the home for either purpose within the "restricted period" (Housing Act 1988 s.16E). The GOV.UK guide to the Act puts it plainly: "landlords will not be able to market or re-let their property for 12 months after using the moving or selling grounds". Penalty: up to £7,000 for a breach, or up to £40,000 in place of prosecution for the offence (HA 1988 ss.16I to 16K), plus a Rent Repayment Order.
Each of these is in the Renters' Rights Act 2025 or announced policy, but was not in force for private landlords on 15 October 2026.
| Duty | When | Penalty (up to) | Source |
|---|---|---|---|
| Right to Rent check | Before the tenancy; repeat before a time-limited permission expires | £10,000 per occupier (first), £20,000 (repeat) | Immigration Act 2014 s.23; Home Office code |
| Deposit protected + prescribed information | 30 days beginning with receipt | 1–3× the deposit; possession bar | Housing Act 2004 ss.213–215 |
| Gas safety record | Every 12 months; copy within 28 days | Unlimited fine; 2 years' imprisonment | SI 1998/2451 reg 36; HSWA 1974 s.33 |
| EICR | Every 5 years; copy within 28 days | £40,000 per breach | SI 2020/312 reg 11 |
| EPC provided; band E minimum | Before marketing; 10-year validity | £200; £5,000 per property (MEES) | SI 2012/3118 reg 38; SI 2015/962 reg 40 |
| Written statement of terms | Before the tenancy is entered into | £7,000 (breach); £40,000 (offence) | Housing Act 1988 s.16D; RRA 2025 s.15 |
| HMO / additional / selective licence | Before letting | Unlimited fine or £40,000; RRO 24 months | Housing Act 2004 s.249A |
| Smoke and CO alarms | Tested on day one; repair when told | £5,000 | SI 2015/1693 reg 8 |
| Repairs and fitness | Throughout | Tenant claim (no cap); HHSRS £40,000 | LTA 1985 ss.9A, 11; HA 2004 Pt 1 |
| Rent increase by s.13 notice | Once per 52 weeks | Invalid notice is ineffective | Housing Act 1988 s.13 |
| Possession on Section 8 grounds | Section 21 abolished 1 May 2026 | Unlawful eviction £40,000 | RRA 2025; SI 2026/421 |
| No re-let after Ground 1 / 1A | 12 months | £7,000 (breach); £40,000 (offence) | Housing Act 1988 ss.16E, 16I, 16K |
| PRS Database, Ombudsman, Decent Homes, Awaab's Law, EPC C | Not in force (15 October 2026) | None today | RRA 2025; GOV.UK |
Most of these dates run from an event, not a calendar month. ComplyWithMe Landlord records each event, works out the exact last compliant day and reminds you ahead of it. Two free web tools need no account: the exposure check scores a property against these duties, and the Renters' Rights readiness check covers the 1 May 2026 changes.
Government changes that bear on this duty. Where the status says in force the rule already applies; everything else is not yet law for private landlords. Dates are quoted as the government has published them, checked on 15 October 2026.
| Change | Status today | Published timing | Sensible preparation |
|---|---|---|---|
| Mandatory landlord and property registration on the Private Rented Sector Database (the landlord register), with an annual fee | regulations in draft | Regional rollout from 15 December 2026 (West Midlands first) to 15 September 2027 for all other purposes, per the draft Private Rented Sector Database Regulations 2026 | Keep copies, not just dates, of the gas safety record, EICR and EPC for each property, and know whether a licence applies; those are what the draft regulations say the entry needs. Source |
| Mandatory membership of a Private Rented Sector Landlord Ombudsman scheme | announced, dates to be confirmed | Government roadmap: landlords required to join "in 2028", after the Database launches; scheme conditions set during Phase 2 from 2026 | Keep a written complaints process and records of how tenant complaints were handled; the scheme will expect both. Source |
| Awaab's Law extended to private rented tenancies: fixed timescales to investigate and make safe serious hazards such as damp and mould | consultation open | Consultation published 9 October 2026, closes 18 December 2026; the government's impact assessment models phased implementation in 2028, 2029 and 2030. Not in force for private landlords. | Log every repair report with the date received and the date fixed, and keep dated photographs; the social-sector rules already turn on those dates. Source |
| A Decent Homes Standard applied to the private rented sector for the first time, enforced by councils | consultation closed, response awaited | Consulted 2 July to 12 September 2025 with a proposed start in 2035 or 2037; the roadmap lists implementation as "TBC, subject to consultation" | Nothing is required yet; the government's stated expectation is that landlords start works earlier where feasible. Source |
| Minimum energy efficiency standard for private rented homes raised from EPC band E to the equivalent of band C, measured against new EPC metrics, with a £10,000 per-property cost cap | policy decision, regulations not yet made | Government response published January 2026 alongside the Warm Homes Plan: a single compliance date of 1 October 2030 for all tenancies; properties without an EER C before 1 October 2029 must meet the new-metric standard. The amending regulations have not been made, so band E remains the only binding minimum. | If a property is below band C, read its EPC recommendations now; spending on recommended measures from 1 October 2025 is stated to count towards the cost cap. Source |
| Right to Rent digital checks must use a provider registered as a "RtR DVSP" on the government's digital verification register | in force | In force since 1 October 2026 (7th edition of the code of practice; SI 2026/700) | If you use an identity-checking app, confirm it appears on the register; the manual and share-code routes are unchanged. Source |
Before letting: a Right to Rent check, deposit protection within 30 days, a gas safety record, an EICR, an EPC of band E or above, a written statement of terms, working smoke and CO alarms and any HMO or selective licence. During: an annual gas check, an EICR every five years, repairs and fitness, and rent increases only by a Section 13 notice once a year. At the end: possession on Section 8 grounds only.
Three: a gas safety record (renewed every 12 months), an Electrical Installation Condition Report (every five years) and an Energy Performance Certificate rated E or above (valid for 10 years). A copy of each must go to the tenant: the gas record and EICR before they move in, the EPC when the home is marketed.
Not for tenancies starting on or after 1 May 2026. GOV.UK withdrew the guide on that date because of the Renters' Rights Act and keeps it only for Section 21 notices served before then. The document a landlord must now give before the tenancy is the written statement of terms under Housing Act 1988 s.16D.
It depends on the duty. The highest civil penalties are £40,000 for a missing EICR, an unlicensed HMO, an offence connected with the written statement or re-letting after Ground 1 or 1A, and unlawful eviction. Gas safety and knowingly letting to someone without the right to rent are criminal offences carrying imprisonment. All figures are maxima; the council or court decides the amount.
No. Section 21 was abolished for private assured tenancies in England on 1 May 2026 by the Renters' Rights Act 2025 (commenced by SI 2026/421). Possession is now claimed on the grounds in Schedule 2 to the Housing Act 1988 through a Section 8 notice.
Once a year. Housing Act 1988 s.13 allows a new rent to take effect no earlier than 52 weeks after the tenancy began or after the last increase, by a notice in the prescribed form. GOV.UK's guide to the Renters' Rights Act says the notice must give at least two months. The tenant can challenge the figure at the First-tier Tribunal before it takes effect.
Not yet. The Private Rented Sector Database in the Renters' Rights Act 2025 is not in force and its regulations are a draft, checked on 15 October 2026. GOV.UK has announced a regional rollout starting in the West Midlands on 15 December 2026. When it opens, you register on the government service itself.
When a compliance question becomes a court or tribunal matter, BundleCreator.co, from the same company, turns the records into a court-ready bundle. From the notice to the order, stage by stage. Start with the possession and arrears journey.
Answer a few questions about one property and see which of these duties are covered, which are overdue and the maximum penalty each one can attract. The app then tracks every date and reminds you before the last compliant day.
Free landlord exposure checkFrom the ComplyWithMe news feed: enforcement decisions and legislation changes, each linked to its official source.
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