What Are a Landlord's Responsibilities? Checklist for New Landlords

Being a landlord comes with many legal obligations and responsibilities, and for new landlords, it can be overwhelming. This landlord checklist can serve as a handy tool to help you stay compliant with legal requirements, protect your property investment, and maintain a positive relationship with your tenants.

The below checklist is designed to help new landlords navigate the key tasks and regulations involved in letting a property. It is not always clear what is a landlord's responsibility and what the tenant must take care of, so this checklist aims to clarify your role. By following these steps, you can help to keep your rental property safe, your tenants happy, and your investment protected at all stages of a tenancy.

If you have any questions we have not covered, the specialist landlord team at Percy Hughes & Roberts Solicitors are able to answer your landlord query. You can contact us by completing the enquiry form below or by calling 0151 666 9090.

1. Register as a Landlord 

In some parts of the UK, registering as a landlord is a legal requirement before you can rent out your property. If you are in Wales, Scotland, or Northern Ireland, you must register with the relevant government body or local authority. Failing to do so can lead to fines or prosecution. For example, in Wales, a private landlord must register with Rent Smart Wales, while in Scotland, you need to join the Scottish Landlord Register.

In England, there is no national registration system, but landlords of Houses in Multiple Occupation (HMOs) must register with their local authority. Although a national landlord register has been discussed in government as part of potential future reforms, no mandatory has yet been put in place. It is important to check with your local council to ensure you are fully compliant with current regulations at the local level.

2. See if You Need Additional Landlord Licensing 

Some local councils in England require landlords to obtain a licence, particularly if they are renting out Houses in Multiple Occupation. HMOs are typically properties rented by three or more unrelated tenants who share facilities like the kitchen or bathroom. These licences are designed to verify that landlords in the private rental sector meet specific safety, housing, and management standards.

Certain councils may also have broader licensing schemes that apply to single-let properties, known as Selective Licensing or Additional Licensing. It is important to contact your local council to determine whether a licence is required for your property.

3. Reference Your Tenant 

Checking the references of a prospective tenant is an essential step for landlords. You need to know that potential tenants are reliable and will be able to meet their monthly rent commitments. A thorough tenant referencing process typically includes identity checks, credit checks, and sourcing references from previous landlords or employers. This helps to verify the tenant's rental history and ability to pay rent on time.

While it is not a legal requirement, tenant referencing is highly recommended to reduce the risk of late payments, property damage, or difficult tenancies.

4. Conduct Right to Rent Checks 

In England, landlords are legally required to perform Right to Rent checks before renting out a property to new tenants. These checks are designed to confirm that prospective tenants have the legal right to reside in the UK before the tenancy begins. As a landlord, you are responsible for verifying the tenant’s immigration status by checking and keeping copies of documents such as passports, visas, or other government-issued identification.

This is one of the most important landlord responsibilities and legal obligations, as failure to conduct Right to Rent checks can result in serious penalties. If you do not check tenants' Right to Rent and are found to have rented to a tenant who does not have the right, you could face a fine of up to £3,000 per illegal tenant, or more serious penalties.

5. Draft a Tenancy Agreement 

A well-drafted tenancy agreement is essential because it outlines the terms of the relationship between you and your tenant. While it is not legally required, having a written tenancy agreement protects both the landlord and the tenant by clearly specifying rights and responsibilities.

A good tenancy agreement should cover important aspects such as:

• The amount of rent and payment schedule
• The duration of the tenancy
• Responsibilities for repairs and maintenance
• The notice period required for ending the tenancy
• Any conditions or restrictions (e.g., pet policies, smoking restrictions)

You can read more about Tenancy Agreements here.

5. Get an Energy Performance Certificate (EPC) 

Before renting out your property, you are legally required to obtain an Energy Performance Certificate (EPC). This certificate provides an assessment of how energy efficient your property is, with a rating scale from A (most efficient) to G (least efficient). To legally let a property in England and Wales, it must have a minimum EPC rating of E.

The EPC must be made available to prospective tenants before they sign a tenancy agreement, as it provides important information about the property’s energy consumption and potential costs. The certificate is valid for 10 years, but if energy efficiency improvements are made, you can apply for a new EPC to reflect the updated rating.

It is important to ensure your property meets the minimum energy efficiency standards to avoid fines or legal issues. You can read more about EPCs here.

6. Get Gas Safety and Electrical Safety Certificates 

As a landlord, you must carry out an annual gas safety check and test electrical installations to confirm that they are safe. To prove that you have done so, you must provide tenants with valid gas and electrical safety certificates.

Gas safety certificate

If your property has gas appliances, you need an annual gas safety check by a Gas Safe-registered engineer. You must provide a gas safety certificate to your tenants within 28 days of the inspection. Failure to comply can result in fines.

Electrical installation condition report

An electrical installation condition report is required every five years. A qualified electrician must inspect the electrical systems, and any issues must be addressed within 28 days. Non-compliance can lead to fines of up to £30,000. If you are providing electrical appliances, you may need to conduct portable appliance testing (PAT) to check that they are safe for use. This is not always necessary, so you should conduct a risk assessment to determine whether PAT is a requirement.

8. Install Smoke and Carbon Monoxide Alarms 

Landlords must install a smoke alarm on each floor of the property and a carbon monoxide alarm in any room with a solid fuel-burning appliance, such as a fireplace or wood burner.

Smoke alarms and carbon monoxide alarms must be checked and functional at the start of each tenancy. For HMOs, more stringent fire safety regulations apply, including a need to provide fire alarms, fire extinguishers and fire doors. It is also worthwhile to regularly check fire safety mechanisms to make sure they function effectively and to review your legal obligations occasionally during a tenancy period.

9. Meet Furniture and Furnishings Regulations 

If you are renting out a furnished property, any furniture or soft furnishings you provide must comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. All items, such as sofas, beds, and cushions, must be fire-resistant and clearly labelled to show they meet safety standards. Meeting legal fire resistance requirements is essential for tenant safety and compliance with the law.

10. Protect Tenancy Deposits 

Landlords are legally required to protect a tenant’s deposit in a tenancy deposit protection scheme within 30 days of receiving it. This must be a government-approved scheme, and there are three to choose from. Tenancy deposit protection schemes control tenancy deposits on your behalf, and are designed to make the process of returning the deposit (or deducting any costs from it) simpler and fairer for both landlords and tenants.

You must also provide the tenant with details of the tenancy deposit scheme you have used and how the deposit is protected. Failure to comply can affect your ability to serve a Section 21 eviction notice and may result in fines or even compensation claims against the landlord by the tenant.

11. Monitor Property Maintenance and Safety 

Landlords have a duty to keep their rental property in good repair so that it is safe for tenants to live in. This includes regular maintenance of heating systems, plumbing, and electrical fixtures.

Any health hazards, such as damp or mould, must be addressed promptly. You should also conduct regular inspections to ensure that the property is being looked after and remains habitable. While landlord responsibilities do not include day-to-day property maintenance, it can help to check that tenants are upholding their obligations. This can enable you to prove that the tenant was responsible for damage if you need to claim from their deposit, or if they try to claim compensation for an injury in the property.

12. Get Landlord Insurance 

Although not a legal requirement, landlord insurance is highly recommended. Standard home and contents insurance policies do not cover rental properties, so landlord-specific insurance is essential if you want to protect against risks such as property damage, rent arrears, and legal liability. Many policies also offer optional cover for loss of rent and legal expenses.

It is important to get the right policy for your needs, so think about the risks against which you want to protect your property before buying a policy. You can read more about what you might need in our guide to landlord insurance.

13. Manage Taxes on Rental Income 

As a landlord, any profit you make from renting out a property is subject to Income Tax. You must report this income through a Self-Assessment Tax Return and can deduct allowable expenses such as repairs and maintenance.

If your annual rental income exceeds £2,500 after expenses, you are required to pay tax on your earnings. Speak to a tax expert if you have concerns about how to calculate, record and pay the taxes you owe, as there can be serious penalties associated with non-compliance.

14. Carry Out Regular Inspections and Inventories 

Conducting regular property inspections allows you to monitor the condition of your property and address any maintenance issues. Additionally, creating an inventory at the start of each tenancy is important for recording the property’s condition and contents. This will help to avoid disputes over the return of the deposit at the end of the tenancy.