Property·7 min read

Letting Your Property Privately — What Landlords Need to Know

Legal obligations, tenant referencing, deposit protection, and listing requirements for private landlords.

James Reed

Property Desk · 10 February 2026

Private landlords who let without an agent take on significant legal responsibility. The regulations around tenancy agreements, deposit protection, energy performance, gas safety, and right to rent checks are not optional — and the penalties for non-compliance are substantial. This is what you need to have in place.

01.Right to rent checks

Before a tenancy begins, you must check that all adults who will live in the property have the right to rent in the UK. You need to see original documents, check them in the presence of the tenant, and retain copies. Failure to conduct checks correctly can result in civil penalties up to £3,000 per tenant.

02.Deposit protection

Any deposit taken from a tenant must be protected in a government-approved scheme — DPS, MyDeposits, or TDS — within 30 days of receiving it. You must also provide the tenant with the Prescribed Information within the same period. Failure to do this removes your ability to serve a valid Section 21 notice.

03.Safety certificates required

Before a tenant moves in you must have a valid Gas Safety certificate (annual), an Electrical Installation Condition Report (every five years), and working smoke alarms on every floor. Carbon monoxide alarms are required wherever there is a solid fuel appliance.

04.EPC requirements

The property must have an Energy Performance Certificate rated E or above (minimum) to be legally let in England. Since April 2023, this applies to all tenancies including existing ones. Letting a property below an E rating without an exemption can result in a fine up to £30,000.

05.Tenancy agreement

Use an Assured Shorthold Tenancy agreement that complies with current legislation. Provide the government's "How to Rent" guide to tenants at the start of the tenancy. Keep a record that you did so.

Published 10 February 2026 · ListU Editorial · Property