You will need to provide documentation proving ownership of the property. This is usually a copy of the Land Registry title. For new-build properties, however, the Land Registry update may not yet be complete. In such cases, confirmation of the property address and ownership details can be obtained from the solicitor who acted on the purchase, either in a letter or by email, or alternatively by providing a signed copy of the purchase contract (Head Lease).
As part of AML compliance, landlords must provide Proof of ID and Proof of Address. ID is typically a copy of a passport or an official photo ID card, while Proof of Address must be a utility bill or bank statement dated within the last three months. For corporate landlords, AML checks must also be carried out on any individual holding more than 25% of the shares or voting rights, as well as on those with significant influence or control over the company.
Landlords who reside outside the UK are required to declare their UK rental income to HMRC. Rent is normally collected by the agent on behalf of the landlord. If the landlord has not obtained an NRL Approval Number from HMRC, the agent must deduct 20% tax at source from the rent and pay it to HMRC quarterly. Any overpayment can be reclaimed via an annual tax return. If the landlord has an NRL Approval Number in place, the agent may transfer rent to the landlord without deducting the 20% tax, although the landlord remains responsible for declaring and paying tax at the end of the financial year. The NRL Approval Number can be obtained by completing and submitting the relevant HMRC form online.
A certificate confirming the property’s energy efficiency, valid for 10 years. An EPC is legally required when marketing a property to rent and must be displayed online. Ratings range from A to G, and rental properties must achieve a minimum rating of E.
A report confirming the safety of the electrical wiring and installations in the property. Valid for 5 years, and must be provided to the tenant at the start of the tenancy. For new-build properties, an EIC (Electrical Installation Certificate) may be issued instead of an EICR.
A certificate confirming the safety of gas installations, such as boilers and cookers. This is required for any property with a gas supply. Valid for 1 year, it must be provided to the tenant at move-in and a copy must also be kept by the agent.
As part of the tenancy process, agents are required to confirm that neither the landlord nor the tenant appears on the UK Treasury’s financial sanctions list. (No cost is incurred for this check.)
UK rental properties must have a smoke alarm installed on every floor, and a carbon monoxide alarm in any room with a gas boiler or solid-fuel-burning appliance (e.g. wood-burning stove). Each alarm has an expiry date and must be replaced with a new, functioning unit when it expires.
In certain areas, local authorities require landlords to obtain a Selective Licence in order to let out a property. This regulation applies in parts of London and can be restricted to specific streets or neighbourhoods. Landlords must check whether their property falls within a designated area and apply for the licence from the local authority if necessary.
This is often required for larger apartment blocks. Some building management companies issue a licence when a property is sublet, ensuring that tenants comply with the building’s rules and regulations. The licence is usually obtained by submitting a copy of the tenancy agreement and paying the relevant fee.
In England (including London), landlords or their agents are legally required to carry out immigration checks to confirm that prospective tenants have the right to rent. Passports, biometric residence permits, or visa status must be verified, and copies retained. Failure to comply can result in fines or even criminal penalties.
For Assured Shorthold Tenancies (ASTs), any deposit taken from a tenant must be registered or lodged with a government-approved Tenancy Deposit Scheme (e.g. DPS, MyDeposits, TDS) within 30 days of receipt. Failure to do so may result in penalties.
For new AST tenancies, landlords are required to provide tenants with the latest version of the government’s “How to Rent” guide (PDF is acceptable). At Benham & Reeves, we attach this guide to the tenancy agreement when issuing it to tenants.
If a property is occupied by five or more people forming two or more households and they share facilities (e.g. kitchen or bathroom), a mandatory HMO licence from the local authority is required. In some local authority areas, an additional HMO licence is also required for properties with three or more tenants forming two or more households. Failure to obtain a licence can result in enforcement action and penalties.
For HMO properties, additional fire safety requirements apply, such as fire extinguishers, fire doors, and clearly marked escape routes.
Landlords must comply with GDPR and UK GDPR regulations when handling tenants’ personal data.
This legislation prohibits charging tenants for administration fees, tenancy agreement fees, inventory costs, or other similar charges. It applies to Assured Shorthold Tenancies.
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