Renting out a house or flat can seem relatively straightforward: find a tenant, agree the rent and hand over the keys.
In reality, becoming a landlord brings with it a range of legal responsibilities. Getting something wrong at the beginning of the tenancy can cause significant problems later, particularly if a dispute arises or you eventually need to recover possession of the property.
If you are considering renting out your property, obtaining legal advice before the tenancy begins can therefore be a worthwhile investment.
Being a landlord comes with legal responsibilities
Once you rent out a residential property, you take on responsibilities concerning matters such as the safety and condition of the property, deposits, documentation and information provided to the tenant.
Depending on the property and circumstances, there may also be licensing requirements or additional rules that need to be considered.
For someone renting out a property for the first time, the number of requirements can be surprising.
The rules changed significantly in 2026
The Renters’ Rights reforms introduced substantial changes to the private rented sector in England from 1 May 2026.
New assured tenancies are now periodic rather than being granted as fixed-term assured shorthold tenancies in the traditional way.
Landlords must also provide tenants with specified written information about the tenancy.
Perhaps one of the most significant changes is the abolition of Section 21 “no-fault” eviction. A landlord who wants to recover possession must now establish an appropriate legal ground and follow the required procedure.
This makes planning before letting a property particularly important.
For example, if you think you may want to sell the property or move back into it in the future, it is sensible to understand how the possession rules could affect you before entering into a tenancy.
Getting the tenancy documentation right
A properly prepared tenancy agreement and the required written information can help both landlord and tenant understand their respective rights and responsibilities.
The documentation should accurately reflect the arrangement rather than simply relying on an old agreement or a template downloaded from the internet.
The rules have changed considerably, and documentation that may have been commonly used by landlords several years ago may no longer reflect the current legal position.
Taking advice at the outset can help ensure that your documentation is suitable for your circumstances.
Deposits
If you take a tenancy deposit, you must consider the rules governing both the amount that can be taken and how the deposit must be protected.
In England, qualifying tenancy deposits must be placed in a government-approved tenancy deposit protection scheme.
There are also requirements concerning information that must be provided to the tenant.
Failure to deal with a deposit correctly can create problems later, particularly where there is a dispute or possession proceedings become necessary.
Safety and compliance
Landlords also have important responsibilities for the safety of their properties.
These include requirements concerning gas and electrical safety, smoke and carbon monoxide alarms and ensuring that rented accommodation is safe and free from serious health hazards.
An Energy Performance Certificate may also be required.
If the property is a house in multiple occupation, or is located in an area subject to additional or selective licensing, further requirements may apply.
Do you have permission to let the property?
Legal compliance is not limited to the relationship between landlord and tenant.
If the property is mortgaged, you should check whether you require your lender’s consent before letting it.
If you own a leasehold flat, the terms of the lease should also be reviewed. Some leases contain restrictions on subletting or require consent or notification before the property can be rented out.
Overlooking these provisions can potentially put you in breach of obligations to your lender or freeholder.
Right to Rent
Landlords in England must also comply with the Right to Rent regime where it applies.
Checks generally need to be carried out before an adult occupies the property as their only or main home to establish that they have the appropriate right to rent in England.
It is important that these checks are completed correctly and consistently.
Prevention is often better than resolving a dispute
Many landlord and tenant disputes can be traced back to something that was overlooked when the tenancy began.
An unclear agreement, incorrectly handled deposit, failure to provide required documentation or misunderstanding about the landlord’s rights can become much more significant when the relationship between landlord and tenant deteriorates.
Taking legal advice before the property is advertised or the tenancy is agreed gives you an opportunity to identify these issues in advance.
How Penerley can help
If you are thinking about renting out a house or flat, Penerley can advise you on the legal issues that should be considered before the tenancy begins.
From reviewing your circumstances and tenancy documentation to advising on your responsibilities as a landlord, getting the foundations right can help reduce the risk of difficulties later.
If you are considering letting your property, speak to Penerley before you do so. Early advice can help you start the landlord and tenant relationship on the right footing.
