Landlord Legal Obligations UK (2026): What You Must Do Before, During, and After a Tenancy
Being a landlord in England and Wales comes with significant legal responsibilities. Failing to meet them can result in fines, penalties, or your possession claim being blocked by the court. This guide covers everything you are required to do under current UK law, including the Renters' Rights Act 2025.
Before the Tenancy Starts
- Provide a valid Energy Performance Certificate (EPC) with a rating of E or above
- Provide a current Gas Safety Certificate (if the property has gas)
- Provide the government's 'How to Rent' guide to the tenant
- Confirm the property is fit for human habitation (HHSRS standards)
- Carry out Right to Rent checks on all adult occupants
- Protect the deposit in a government-approved scheme within 30 days
- Serve the Prescribed Information for the deposit scheme on the tenant
Important: Failure to serve the How to Rent guide, gas safety certificate, EPC, and deposit Prescribed Information before the tenancy starts can block a future possession claim and expose you to tenant compensation claims.
During the Tenancy
- Keep the structure and exterior of the property in good repair
- Maintain installations for supply of water, gas, electricity, and sanitation
- Carry out an annual Gas Safety Check and provide a copy to the tenant within 28 days
- Ensure smoke alarms are fitted on each storey and carbon monoxide alarms in rooms with solid fuel appliances
- Give at least 24 hours' written notice before entering the property
- Respond promptly to repair requests from the tenant
- Not harass or unlawfully evict the tenant
Ending the Tenancy
To regain possession of a property legally, landlords must follow the correct procedure. Since 1 May 2026 there is one route under current law:
Section 21 “no-fault” eviction was abolished on 1 May 2026
Landlords can no longer serve a Section 21 notice. All possession claims now require a valid ground under Schedule 2 to the Housing Act 1988.
Section 8 Notice (the only route)
Used when a Schedule 2 ground applies — most commonly rent arrears of 2+ months (Ground 8), or other breach of tenancy. The notice must specify the grounds relied upon and give the required notice period. After the notice expires, if the tenant does not leave, the landlord must apply to court for a possession order.
After serving notice, if the tenant does not leave, the landlord must apply to court for a possession order. Self-help eviction (changing locks, removing belongings) is illegal and constitutes unlawful eviction.
Returning the Deposit
At the end of the tenancy, you must return the deposit within 10 days of agreeing on any deductions. You can only make deductions for:
- Unpaid rent
- Damage beyond fair wear and tear
- Cleaning costs (if property left dirtier than at check-in)
- Missing items from the inventory
If there is a dispute, the tenant can raise it through the deposit protection scheme's Alternative Dispute Resolution (ADR) service. A good check-in inventory significantly strengthens your position in any deposit dispute.