Legal Requirements for Letting a Property in the UK: What Every Landlord Must Know

Letting a property isn’t just about finding the right tenant, signing an agreement, and handing over the keys. There’s an entire legal framework behind the process that landlords must comply with—whether you're fully managing the property yourself or using a “tenant-find” service. Without meeting these legal obligations, you risk delays, fines, disputes, and even invalidating the tenancy itself.

This blog will break down the key legal documents and processes landlords need in place before a tenant can legally move into a rental property in England.

Why Legal Compliance Matters

Too many landlords think that once they've found a tenant and drawn up a tenancy agreement, their job is done. The reality is very different. In fact, without providing specific legal documents, a tenancy cannot legally begin. And if those documents aren't issued correctly at the start, it can affect your ability to serve notice in the future—particularly under Section 21.

So whether you're self-managing or hiring an agent for a tenant-find service, you still need to make sure the legal boxes are ticked.

Essential Legal Documents You Must Provide Before a Tenancy Starts

Here’s a breakdown of the key documents that must be up to date and issued to the tenant before move-in day:

1. Energy Performance Certificate (EPC)

An EPC rates the property’s energy efficiency. By law, it must be at E rating or above (unless exempt) and must be given to prospective tenants before they view or agree to rent the property.

• Validity: 10 years

• Applies to: All rental properties

• Consequences of not providing: £200+ fine, tenancy may not be enforceable

2. Electrical Installation Condition Report (EICR)

This document ensures that the electrics in the property are safe and meet legal standards. As of July 2020, it's a legal requirement for all rented homes in England.

• Validity: 5 years

• Action: A qualified electrician must carry out the inspection and provide a certificate. Any urgent work must be completed within 28 days (or sooner if specified).

• Consequences of not providing: Fines of up to £30,000

3. Gas Safety Certificate (CP12)

If the property has any gas appliances (boiler, gas hob, gas fire), you must have an annual gas safety check completed by a Gas Safe registered engineer.

• Validity: 12 months

• Must be given: To the tenant before they move in and renewed annually

• Consequences of not providing: Fines and potential criminal charges; invalidates Section 21

4. Tenancy Agreement

This is the legal contract between landlord and tenant. It should clearly state the terms of the tenancy, including rent, duration, responsibilities, and any special conditions.

• Type: Most landlords use an Assured Shorthold Tenancy (AST) in England

• Must be: In writing and signed by both parties

• Tips: Make sure it's up to date and legally sound—DIY templates can often miss key clauses

5. ‘How to Rent’ Guide

This is a government-issued document that must be provided to the tenant at the start of the tenancy. It outlines their rights, responsibilities, and what to expect during the renting process.

• Format: Latest version must be provided (available from gov.uk)

• Must be given: As a printed copy or emailed (with tenant’s consent)

• Consequences of not providing: You cannot legally issue a Section 21 notice later

6. Deposit Protection Certificate and Prescribed Information

If you're taking a deposit, it must be protected in a government-approved scheme (DPS, TDS, or MyDeposits) within 30 days of receiving it.

You also must give the tenant:

• Proof of protection (a certificate or reference number)

• The prescribed information related to the scheme

• Terms and conditions of the deposit scheme

• Consequences of non-compliance: Tenant can claim up to 3x the deposit in compensation, and you cannot issue a Section 21 notice

7. Legionella Risk Assessment

While not a legal document you hand over, landlords are required to ensure water systems are safe. A basic risk assessment should be carried out for Legionella bacteria, especially in older properties or where water sits in storage tanks.

What Happens If You Don’t Comply?

Failing to provide any of the required documentation can result in:

• Hefty fines

• Inability to legally evict a tenant

• Delays in tenant move-in

• Legal disputes

• Reputational damage if you're a letting agent or landlord with multiple properties

This Applies Even With “Tenant-Find Only” Services

There’s a common misconception that if you're just paying an agent to find a tenant, you don’t have to worry about compliance. Wrong.

Even with a tenant-find only package, the landlord remains legally responsible for making sure everything is in place. A good agent should help flag what’s missing, but it’s still your duty to ensure the property is legally lettable.

Final Checklist Before Move-In Day

✅ EPC (Energy Performance Certificate)

✅ EICR (Electrical Installation Condition Report)

✅ Gas Safety Certificate (if applicable)

✅ Signed Tenancy Agreement

✅ “How to Rent” Guide

✅ Deposit protected + prescribed information given

✅ Any other relevant documentation (e.g. HMO license, building safety certificates)

Conclusion: Paperwork First, Tenancy Second

Letting a property legally in the UK requires more than just finding a good tenant. Whether you’re managing the property or using a letting agent, you must ensure all legal documents are in place before the tenancy begins. Not only does it protect your investment—it gives tenants confidence that they’re dealing with a professional, responsible landlord.

No documents, no keys. Simple as that.

Need Help? We’ve Got You Covered

At Hashtag Estates, we offer comprehensive services that take care of all the legal requirements listed above—so you don’t have to stress about a thing.

We’re here to help.

📞 Call us today to get started: 01704 650 901

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