Bracton

England · updated for 2026

Landlord checklist for renting out property

A practical pre-tenancy checklist for private landlords in England: prepare the property, advertise and vet lawfully, serve certificates, protect the deposit and use the correct post-Renters’ Rights Act tenancy documents.

Reviewed by Connor Griffiths, Solicitor — Blackwell Advisory (SRA No. 821297)

Last reviewed: 4 June 2026. This guide is general information, not legal advice.

Step 1

Prepare yourself and the property

  • Confirm permission to let. Check your mortgage conditions, superior lease and buildings insurance before taking applications.
  • Check licensing. Mandatory HMO licensing generally applies to five or more occupiers in two or more households; additional and selective licensing depend on the local council. Start with the government HMO licence guidance and your council’s scheme.
  • Get the property ready for occupation. Confirm repair, safety and minimum energy performance obligations before marketing. The government’s renting out a property guidance is the baseline external reference.

Step 3

Vet the tenant

  • Use a consistent application form. Collect the information needed for referencing with Bracton’s Tenancy Application Form.
  • Complete Right to Rent checks on all adult occupiers. Follow the government Right to Rent checking process, usually within 28 days before the tenancy starts.
  • Handle holding deposits carefully. A holding deposit is capped at one week’s rent and should be treated in line with the Tenant Fees Act rules, including how it is applied or repaid.
  • Use a guarantor only where appropriate. If referencing shows a guarantor is needed, document the obligation with a Guarantor Agreement.

Step 4

Safety and legal certificates

  • Gas safety. Arrange the annual gas safety record where required and give the tenant the record at the correct time; Bracton provides a Gas Safety Record Cover Letter for service evidence.
  • Electrical safety. Keep the EICR current, normally on a five-year cycle, and provide copies as required under the electrical safety rules.
  • EPC. Provide the EPC free of charge and check that the property meets the minimum energy efficiency standard, currently band E unless a valid exemption applies.
  • Smoke and carbon monoxide alarms. Confirm the required alarms are installed and working on day one. The government’s landlord safety responsibilities guidance summarises the core safety duties.

Step 5

Tenancy documents and deposit

  • Use the correct tenancy instrument. New private residential tenancies in England use an Assured Periodic Tenancy Agreement, not a new AST or fixed-term AST.
  • Give written key terms before the tenancy starts. The written statement should cover core terms such as rent, property, parties, deposit and payment arrangements; failure can carry a civil penalty of up to £7,000.
  • Protect the tenancy deposit and serve prescribed information. Use an authorised scheme and serve prescribed information within the statutory window; Bracton’s Tenancy Deposit Prescribed Information supports that step.
  • Check the deposit cap. The tenancy deposit cap is five weeks’ rent where annual rent is below £50,000, or six weeks’ rent where it is £50,000 or more. The government’s deposit protection guidance covers the scheme requirement.

Step 6

Move-in and final checks

  • Provide required information and copies. Give the tenant the agreement, certificate copies and any current government information sheet that applies to the tenancy or transition.
  • Record condition and contents. Complete an Inventory and Schedule of Condition, ideally with dated photographs and tenant sign-off.
  • Complete practical handover. Record keys, meter readings, utility instructions, alarm testing, contact details and any agreed move-in notes.

Common questions

Landlord checklist FAQ

What must a landlord legally provide a tenant before a tenancy?

For a new tenancy in England, landlords should provide the written tenancy terms before the tenancy starts, relevant safety records, the EPC, deposit prescribed information if a deposit is taken, and any other documents required by the Renters’ Rights Act and existing landlord legislation.

How much deposit can a landlord charge in the UK?

In England, the tenancy deposit cap is normally five weeks’ rent where annual rent is below £50,000, or six weeks’ rent where annual rent is £50,000 or more. A holding deposit is capped at one week’s rent.

What gas and electrical certificates do landlords need?

Landlords need an annual gas safety record where gas appliances are present and an Electrical Installation Condition Report at least every five years. Copies should be provided to the tenant at the correct pre-tenancy or statutory point.

What is the notice period on a periodic tenancy?

Possession notice periods depend on the statutory Section 8 ground used. Section 21 has been abolished, so landlords should check the relevant ground before serving notice.

See Bracton’s Section 8 notice templates guide for the possession route.

Has my AST automatically become a periodic tenancy?

Existing assured shorthold tenancies converted automatically on 1 May 2026. New private residential tenancies in England now use the Assured Periodic Tenancy structure rather than a new AST.

See the Renters’ Rights Act hub for the transition overview.

What is the Renters’ Rights Act Information Sheet?

The Renters’ Rights Act Information Sheet is government information about the new framework. It replaced the previous How to Rent process for relevant transition purposes, while new tenancies also require written key terms before the tenancy starts.

Check the latest government Information Sheet publication.

Do landlords need to register or licence their rental property?

Some properties need a licence. Mandatory HMO licensing generally applies to properties occupied by five or more people forming two or more households, and local councils may also run additional or selective licensing schemes.

Next step

Create the tenancy documents

When your checks are complete, generate the Assured Periodic Tenancy Agreement and supporting documents that match the post-1 May 2026 framework.