Most landlord disputes we see do not start with a difficult tenant. They start with a document that was never served, noticed only when the landlord wants the property back and finds they cannot get it. Compliance is unglamorous, but it is the difference between a two-month possession process and a two-year one.
Here is what has to be in place before a tenant moves in.
The three certificates
Every tenancy needs the same three documents, and all three must be given to the tenant, not merely obtained.
- Gas Safety Record. Renewed every 12 months by a Gas Safe registered engineer, covering every gas appliance and flue. The tenant gets a copy before they move in, and within 28 days of each new check.
- Electrical Installation Condition Report (EICR). Renewed every five years, or sooner if the report says so. Any C1 or C2 fault must be remedied within 28 days, with written confirmation to the tenant.
- Energy Performance Certificate (EPC). Valid for ten years, and must be band E or above to let the property at all. Advertising a property without displaying its rating is itself an offence.
An expired gas record is not a paperwork problem. It suspends your ability to use a section 21 notice until it is corrected.
The deposit
A tenancy deposit must be protected in one of the three government-approved schemes within 30 days of receiving it. The same 30 days applies to serving the prescribed information, which tells the tenant which scheme holds the money and how to get it back.
Deposits are capped at five weeks' rent where the annual rent is under £50,000. Taking more is unlawful, and the excess must be returned before a section 21 notice can be served.
The documents served at the start
Alongside the certificates, three more items must reach the tenant before or at the start of the tenancy:
- The current How to Rent guide, in the edition that was live on the day the tenancy began.
- Proof of deposit protection and the prescribed information.
- A written tenancy agreement, which is not legally compulsory but is the only practical way to evidence what was agreed.
Right to Rent
In England, you must check that every adult occupier has the right to rent before the tenancy starts. The check has to be done on the original documents or through the Home Office online service, and a copy kept for the length of the tenancy plus a year. Getting this wrong carries a civil penalty, and doing it selectively by nationality is discrimination.
Licensing
Many London boroughs operate additional or selective licensing, and almost every house in multiple occupation of five or more people needs a mandatory HMO licence. Letting an unlicensed property that needs a licence exposes you to a rent repayment order of up to 12 months' rent, and again blocks section 21.
Licensing is local, changes often, and is the requirement landlords most commonly miss. Check the borough directly rather than assuming.
What we do about it
On managed properties we track every certificate expiry and start the renewal before it lapses, keep the serving of documents evidenced, and check licensing whenever a property is onboarded. It is the least interesting part of the job and the part that protects everything else.
If you are not sure where your paperwork stands, ask us for a compliance review. It takes an afternoon and it is a great deal cheaper than a failed possession claim.
