Landlord questions, answered
Every question landlords, letting agents and tenants ask us, in one place — 83 quick answers for a straight yes or no, and 8 in-depth answers covering what the law says, what it means in practice, and what to do next.
91 answers
Are electronic signatures valid on tenancy documents?
Yes. Electronic signatures are legally valid for tenancy agreements in the UK, provided the signatory intended to authenticate the document.
Quick answerAre free tenancy agreement templates safe to use?
Many free templates are years out of date and still assume fixed terms and no-fault possession.
Quick answerCan a council refuse an HMO licence?
Yes, a council can refuse an HMO licence if the property or applicant doesn't meet statutory requirements. Common reasons include unsuitable property standards, inadequate management, or if the proposed licence holder is
Quick answerCan a tenant pay the deposit in instalments?
There is nothing stopping you agreeing instalments, but each payment becomes protected money the moment you receive it.
Quick answerCan a tenant refuse access for an inspection?
A tenant can refuse access for an inspection due to their right to quiet enjoyment. Landlords must give proper notice and obtain consent, even for routine checks.
Quick answerCan I change the tenancy agreement after it starts?
A tenancy agreement can only be changed with the express written consent of both the landlord and the tenant. Unilateral changes are not legally binding and can lead to disputes.
Quick answerCan I charge a fee for late rent?
In England and Wales, default fees are limited. You can charge interest on rent that is more than 14 days late, capped at 3% above the Bank of England base rate, and only if the tenancy agreement provides for it.
Quick answerCan I charge a holding deposit?
Yes, but in England and Wales a holding deposit is capped at one week's rent and can only be held while referencing is completed.
Quick answerCan I charge the outgoing tenant for a professional clean?
You cannot require a professional clean as a term of the tenancy — that is a prohibited payment.
Quick answerCan I evict a tenant because I want to sell?
Yes, selling is a recognised ground for possession, but it comes with conditions: a minimum period from the start of the tenancy before it can be used, a specified notice period, and restrictions on re-letting the property afterwards.
Quick answerCan I evict a tenant for antisocial behaviour?
Yes, antisocial behaviour is a ground for possession and can carry a shorter notice period than most.
Quick answerCan I increase the rent in the middle of a tenancy?
Under the Renters' Rights Act 2025, rent increases on periodic tenancies run through the statutory notice route, once a year, with the tenant able to challenge the proposed rent at tribunal.
Quick answerCan I refuse tenants on Universal Credit?
Blanket 'no DSS' policies have been found to be indirectly discriminatory, and the Renters' Rights Act 2025 makes discrimination against benefit claimants and families with children unlawful.
Quick answerCan I take the property back to live in myself?
There is a ground for a landlord or close family member moving in. It cannot be used in the first months of a tenancy, requires a set notice period, and the property must not simply be re-let to another tenant afterwards.
Quick answerCan I use the deposit for unpaid rent?
Yes. Unpaid rent is one of the most straightforward deductions, provided the tenancy agreement allows deductions for arrears and you can evidence the rent account.
Quick answerDo I need a carbon monoxide alarm if I have a gas boiler?
Yes. Since the 2022 amendment regulations, a carbon monoxide alarm is required in every room used as living accommodation that contains a fixed combustion appliance, other than a gas cooker.
Quick answerDo I need a fire risk assessment for a rented property?
A written fire risk assessment is required for the common parts of buildings containing more than one dwelling, and is expected as a matter of course for HMOs.
Quick answerDo I need a separate bank account for rental income?
While not always legally mandated for private landlords, a separate bank account for rental income and expenses is strongly recommended for financial clarity, tax compliance, and client money protection.
Quick answerDo I need an asbestos survey for a rented house?
There is no duty to survey a single let dwelling, but you do have a duty to manage asbestos in the common parts of buildings containing flats or in HMOs.
Quick answerDo I need planning permission to run an HMO?
Most small HMOs converting from family homes are permitted development in England, but local councils can remove this right. Larger HMOs always need full planning permission. Always verify local rules.
Quick answerDo I need to register as a landlord in Wales?
In Wales, every landlord of a rented dwelling must register with Rent Smart Wales, and anyone carrying out letting or management activities must be licensed. This guide explains the process, legal requirements, and conse
Quick answerDo I still need to give the How to Rent guide?
In England the How to Rent guide must be provided at the start of a tenancy and again when a materially updated version is published, for tenancies where it applies.
Quick answerDo landlords have to register in Northern Ireland?
Landlords in Northern Ireland must register with the Landlord Registration Scheme. Separate licences are required for Houses in Multiple Occupation (HMOs).
Quick answerDoes a tenancy agreement need a witness?
A tenancy agreement of three years or less in England does not legally require a witness. However, witnessing can provide crucial evidence of authenticity, and longer tenancies do necessitate execution as a deed.
Quick answerDoes Making Tax Digital apply to landlords?
Making Tax Digital for Income Tax phases in for landlords and sole traders by turnover, starting with the highest incomes.
Quick answerDoes selective licensing apply to a single family let?
Yes. Selective licensing covers all privately rented homes in a designated area, including ordinary single family lets.
Quick answerDoes the deposit cap change if the rent goes up?
The five weeks' rent cap (six weeks where annual rent is £50,000 or more) is measured against the rent at the time the deposit is taken.
Quick answerHow do electrical safety rules differ in Scotland?
In Scotland, landlords must comply with specific electrical safety regulations, including regular inspections of fixed wiring and portable appliances, along with interlinked smoke and heat alarms. These requirements are
Quick answerHow do I serve a notice so it stands up in court?
Proper service of legal notices is critical for landlords, as errors can invalidate an otherwise legitimate claim. This guide explains how to ensure your notices meet all statutory and contractual requirements.
Quick answerHow does a deposit dispute actually work?
Each scheme runs a free alternative dispute resolution service. An independent adjudicator reads both sides' evidence on paper and decides how the disputed amount is split.
Quick answerHow does landlord registration work in Scotland?
In Scotland, all private landlords must register with their local authority. This process ensures landlords meet a 'fit and proper' person standard and helps maintain housing quality.
Quick answerHow long does eviction take through the courts?
Realistically, expect several months from serving notice to getting the property back.
Quick answerHow long should I keep landlord records?
Keep tax records for at least six years after the relevant tax year. Keep tenancy, safety and communication records for the length of the tenancy plus at least six years, because that is the usual limitation period for a claim.
Quick answerHow much can a rent repayment order cost me?
A tribunal can order repayment of up to 12 months' rent where an offence such as letting an unlicensed HMO or unlawful eviction is proved.
Quick answerHow much does an HMO licence cost?
Fees are set locally and typically run from a few hundred pounds to well over a thousand for a five-year licence, sometimes charged per room.
Quick answerHow much rent in advance can I ask for?
Rent in advance is not a prohibited payment, but the Renters' Rights Act 2025 restricts large upfront demands.
Quick answerIs landlord insurance legally required?
Landlord insurance is not required by statute, but a buy-to-let mortgage lender will almost always insist on it, and standard residential home insurance is void once you let the property.
Quick answerIs PAT testing a legal requirement for landlords?
There is no specific law requiring portable appliance testing in a private rented home, but you must ensure any electrical appliances you supply are safe.
Quick answerShould I accept a deposit replacement scheme?
Deposit replacement products let a tenant pay a non-refundable fee instead of a cash deposit.
Quick answerWhat are the minimum room sizes in a licensed HMO?
National mandatory conditions in England set 6. 51 square metres for one person over ten, 10.
Quick answerWhat counts as an HMO?
A house in multiple occupation is a property where three or more people from more than one household share a kitchen, bathroom or toilet.
Quick answerWhat defences can a tenant raise to a possession claim?
Common defences include an unprotected or late-protected deposit, missing prescribed documents, an invalid notice, disrepair counterclaims and disputes about whether the ground is made out.
Quick answerWhat do I do if I think a tenant has abandoned the property?
You cannot simply take the property back because it looks empty. Until the tenancy is legally ended, entering and re-letting risks an unlawful eviction claim.
Quick answerWhat happens during a council property inspection?
An environmental health officer inspects against the HHSRS and any licence conditions, usually after a tenant complaint or as part of a licensing scheme.
Quick answerWhat happens to the deposit when one joint tenant leaves?
A joint deposit belongs to all the tenants together. If one leaves and is replaced, the cleanest route is to end the protection, repay or reassign the deposit with everyone's written consent, and protect the new arrangement afresh.
Quick answerWhat happens to the tenancy if a tenant dies?
The tenancy does not end automatically. It may pass to a joint tenant by survivorship, or to a spouse or partner by statutory succession, or otherwise vest in the estate.
Quick answerWhat is a category 1 hazard under HHSRS?
The Housing Health and Safety Rating System scores 29 hazards. A category 1 hazard is a serious risk to health or safety, and where one exists the council has a legal duty to act — usually with an improvement notice, and in serious cases a prohibition order.
Quick answerWhat is a surrender and when should I use one?
A surrender is a mutual agreement to end the tenancy early. Done properly in writing it ends liability cleanly on an agreed date and avoids court entirely.
Quick answerWhat is prescribed information and when must I give it?
Prescribed information is the set of details about the deposit and the scheme that must be given to the tenant, and anyone who paid the deposit, within 30 days of receipt.
Quick answerWhat is the best way to chase rent arrears?
Early, consistent and written. Most arrears are recoverable if you make contact within days rather than weeks, agree a realistic repayment plan and confirm it in writing.
Quick answerWhat is the penalty for letting an unlicensed property?
Councils can issue a civil penalty of up to £30,000 per offence as an alternative to prosecution, and tenants or the council can apply for a rent repayment order of up to 12 months' rent.
Quick answerWhat must a tenancy agreement include?
At minimum: the names of every landlord and tenant, the property address, the rent and when it is due, the deposit and scheme details, the start date and how the tenancy can end, plus repairs responsibilities and permitted occupiers.
Quick answerWhat replaces a section 21 notice?
The Renters' Rights Act 2025 has abolished no-fault evictions, meaning landlords must now rely on specific statutory grounds to regain possession of a property. This guide explains the new requirements for issuing posses
Quick answerWhat should a guarantor agreement cover?
A guarantor agreement should state exactly what is guaranteed — rent, damage, or both — the maximum liability, and how long the guarantee lasts, including whether it continues into a periodic tenancy.
Quick answerWhen do I need fire doors in a rental property?
Fire doors are typically required in HMOs and in flats opening onto shared escape routes.
Quick answerWho is responsible for window restrictors and safety glazing?
The landlord is responsible for the structure, which includes windows. Where there is a fall risk from an upper-floor window, particularly with children in occupation, a hazard assessment is likely to expect restrictors and safe glazing.
Quick answerWho keeps the interest earned on a deposit?
With custodial schemes the deposit sits with the scheme and any interest is dealt with under the scheme rules, usually retained to fund the service.
Quick answerWho pays council tax in an HMO?
Council Tax liability in Houses in Multiple Occupation (HMOs) depends on how the property is let and its specific classification by the local authority. Landlords are often responsible, particularly in properties let by
Quick answerWho should be named on the tenancy agreement?
Every adult who will occupy the property as their home should be named as a tenant, and every legal owner should be named as landlord.
In depthDo I need an HMO licence for my property?
How to determine licensability across the four nations, and the real cost of getting it wrong.
In depthHow do I end a tenancy legally?
The lawful route from choosing a ground to bailiff enforcement, and the mistakes that reset the clock.
In depthHow do I increase the rent legally?
The statutory rent-increase route, the notice periods, and how to defend the figure at tribunal.
Quick answerHow long do I have to protect a tenancy deposit?
Thirty days in England and Wales, thirty working days in Scotland — and the prescribed information must be served in the same window.
Quick answerHow much notice do I have to give a tenant?
Notice periods for evicting a tenant vary significantly based on the reason for possession and the specific jurisdiction. The Renters' Rights Act 2025 fundamentally changed the process in England.
Quick answerHow often can I increase the rent?
Generally once every 12 months, using the statutory notice route.
Quick answerHow often do I need a gas safety check?
Every 12 months, with the record served on the tenant within 28 days.
In depthWhat certificates does a landlord legally need?
Every certificate and record a UK landlord needs, how long each lasts, and what happens if one lapses.
Quick answerWhat documents must I give a new tenant?
Certificates, deposit paperwork and the statutory guides, all before or at the start.
In depthWhat happens if a landlord does not protect a deposit?
The full consequences of failing to protect a deposit or serve the prescribed information — penalties, timing and how to limit the damage.
Quick answerWhen do I need an HMO licence?
Five or more occupiers from two or more households — plus any local additional scheme.
Quick answerDo I need a written tenancy agreement?
Yes — a written statement of terms is required and protects you in any dispute.
Quick answerDoes Section 21 still exist?
The Renters' Rights Act 2025 has abolished Section 21 'no-fault' evictions and assured shorthold tenancies in England, with main provisions commencing in 2026. Landlords must now rely on specific Section 8 grounds for po
Quick answerHow often do I need an EICR?
Every five years, with any C1, C2 or FI work done within 28 days.
Quick answerWhat expenses can I claim as a landlord?
Revenue costs are deductible; capital improvements are not.
In depthWhat is a periodic tenancy and how does it work?
Why periodic tenancies are now the default, and what changes for notice, rent and possession.
Quick answerWhat is selective licensing?
A local scheme licensing all private rentals in a designated area.
Quick answerWhat is the penalty for not protecting a deposit?
Between one and three times the deposit, plus repayment — and your possession route is blocked.
Quick answerDo I pay tax on rental income?
Yes, on the profit, once you exceed the £1,000 property allowance.
Quick answerHow much rent arrears do I need to evict?
Serious arrears grounds usually require the arrears to exist at both notice and hearing.
Quick answerIs an inventory legally required?
Not legally required — but practically essential for deposit claims.
Quick answerWhat is a rent repayment order?
Up to 12 months rent repaid to the tenant or the council.
Quick answerWhat is the maximum deposit I can charge?
Five weeks in England and Wales, two months in Scotland — with a one-week cap on holding deposits.
Quick answerWhat is the minimum EPC rating to let a property?
E is the current minimum in England and Wales, with a registered exemption the only alternative.
Quick answerCan I deduct cleaning costs from the deposit?
Only where the property is dirtier than at check-in — and only with dated evidence.
Quick answerDo I have to do Right to Rent checks?
Yes in England, for every adult occupier, before the tenancy starts.
Quick answerDo I need a Legionella risk assessment?
Yes, an assessment is required; a certificate from a contractor is not.
Quick answerMy tenant is in arrears — what should I do first?
Talk first, in writing, and get the arrears figure agreed before anything else.
In depthWhat does it actually cost to be a landlord?
A realistic cost breakdown and how each line item eats into gross yield.
Quick answerWhat happens if a tenant will not leave after the notice expires?
If a tenant remains in a property after their tenancy notice expires, landlords must follow a strict legal process to regain possession through the courts; self-help eviction is illegal.
Quick answerWhat are the smoke and carbon monoxide alarm rules?
One smoke alarm per storey, CO alarms with fixed combustion appliances, tested on day one.
In depthWhat is Awaab's Law and does it apply to private landlords?
Fixed deadlines for damp, mould and serious hazards — what applies, and when it reaches private lets.