Renting out a property has never been a simple case of finding a tenant and collecting the rent. Landlords in England now work within one of the most tightly regulated sectors in the property market, and the rules are still moving. This guide sets out the core legal duties every landlord needs to understand, and how to build habits that keep you compliant no matter what changes come next.
The single biggest shift in recent years has been the arrival of the Renters' Rights Act. The Bill received Royal Assent in October 2025 and became the Renters' Rights Act, with the main changes coming into force from 1 May 2026. Its headline change is the abolition of section 21 notices, which had been used widely to evict tenants without stating a legal reason, commonly known as a no fault eviction. From that date, landlords must use Section 8 and have a legal reason to evict a tenant, must advertise the true asking rent, and cannot invite bidding or ask for offers above that figure.
Fixed term contracts have also disappeared from the private rented sector. Fixed-term tenancies have ended, and all Assured Shorthold Tenancies have become rolling, periodic tenancies. This means a tenant can leave with proper notice whenever they choose, and a landlord can only end the arrangement by relying on a specific ground under Section 8, not simply because a term has expired. If you still have written tenancy agreements dating from before the changes, check your paperwork carefully. Existing tenancies needed a Renters' Rights Act Information Sheet given to tenants, and any older verbal agreement required a written record of the key terms.
Rent increases are also more structured than they used to be. Landlords can now only raise rent through a section 13 notice, rent review clauses in tenancy agreements have no effect, and a landlord using a section 13 notice must give a tenant two months' notice. Build this into your annual planning rather than treating rent reviews as informal conversations. A clear, written notice served on time protects you if a tenant later queries or challenges the increase.
Pets are another area worth flagging to landlords who have not reviewed their policies recently. Tenants now have a contractual right to request that a pet be kept at the property from the point the Act took effect, so it makes little sense to hold out for a reduced deposit from tenants without pets, since that flexibility no longer works the way it once did.
Deposits: protect on time, document everything
Deposit protection remains one of the most common compliance failures, and the penalties are severe. Landlords in England and Wales must place a tenant's deposit into a government-backed deposit protection scheme within 30 days of receiving it. The three approved schemes are the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme. Miss the deadline and the consequences are not trivial. Getting it wrong can mean being ordered to pay up to three times the deposit.
The amount you can take is also capped. The maximum is five weeks' rent where the annual rent is less than £50,000, and six weeks' rent where it exceeds that amount. Two further points often catch landlords out. Rent in advance is capped at one month, so a large upfront payment cannot substitute for a bigger deposit, and a separate pet deposit is no longer allowed, meaning any pet damage must come from the standard deposit or your landlord insurance.
Good record keeping does more work than most landlords realise. Keeping the protection scheme details, a detailed inventory report with photographs, and copies of all deduction-related communications reduces the likelihood of disputes and gives clear evidence if one does arise. Treat the check-in inventory as a legal document, not a formality. It is usually the deciding factor when a deposit dispute goes to adjudication.
Energy efficiency: know where you stand today, and where you are heading
Energy standards are tightening, but the timeline has shifted more than once, so it pays to separate what applies now from what is coming. Most rented homes currently need an EPC rating of E or above unless an exemption applies, and landlords generally need a valid EPC before marketing a rental property. It is illegal to let a property with an F or G rating unless a valid exemption has been registered on the government's PRS Exemptions Register.
Looking further ahead, the minimum EPC rating for rental properties is set to change to C on 1 October 2030. The spending cap for improvements is expected to rise to £15,000, or £10,000 in lower-rent areas. If your property currently sits at D or below, do not wait for a firm deadline before acting. Loft insulation, cavity wall insulation and upgraded glazing are among the more cost-effective ways to move a property up the scale, and tackling them gradually spreads the cost far more comfortably than a rushed upgrade against a deadline.
Right to rent and other pre-tenancy checks
Immigration checks remain a legal requirement, not an optional extra. The right to rent scheme requires landlords and agents to verify the immigration status of prospective tenants to confirm they have the legal right to reside in the UK. These checks apply to all adult occupiers aged 18 or over, even if they are not named on the tenancy agreement. Keep dated copies of whatever documents or online checks you rely on. If a dispute or inspection ever arises, the paper trail is your protection.
Licensing: check before you assume
Licensing rules vary significantly between councils, and assumptions can be costly. In Tonbridge and Malling, the picture is currently straightforward for most landlords. The borough has not operated borough-wide selective licensing or additional HMO licensing, though mandatory HMO licensing still applies under the national threshold. That mandatory scheme catches more properties than many landlords expect. A property is deemed an HMO where it is occupied by five or more people forming more than one household who share basic amenities such as a bathroom, toilet or kitchen. Licensed HMOs come with ongoing conditions, including an annual gas safety certificate submission, electrical installations and appliances kept in a safe condition, and smoke alarms installed and kept in proper working order.
Do not assume the absence of a scheme today means it will stay that way. Tonbridge and Malling does not currently list an active selective licensing scheme, though the rules explain when one would apply if the council brings one in. Where a selective scheme does exist elsewhere, the stakes are high. Renting without a licence inside a designated area is a criminal offence, and councils can apply a civil penalty of up to £40,000 per offence, with tenants able to apply for a rent repayment order of up to 12 months' rent. A short check of your local authority's website before every renewal costs nothing and avoids a genuinely expensive mistake.
Building compliance into everyday habits
The safest approach is not to treat compliance as a once-a-year task but as part of how you run the property throughout the tenancy. Diarise your gas safety, electrical and EPC renewal dates well ahead of expiry. Review tenancy paperwork whenever legislation changes rather than waiting for a new let. And keep every certificate, notice and piece of correspondence in one place so it can be produced quickly if a tenant, council officer or insurer asks for it.
For landlords weighing up whether to keep letting a property or sell it instead, it helps to understand how the local sales market actually behaves. Across the wider area, homes typically take around 182 days to sell, and roughly 30% of listings reach sold subject to contract status, so a sale is rarely a quick alternative to a well-managed tenancy. Speaking with a local agent who understands both the lettings rules and the sales process will help you make that decision with clear eyes, rather than reacting to a single piece of legislation in isolation.