Legal Essentials Every Landlord Should Know
Published by Caspian Giles
Letting a property in the UK can be a rewarding investment, but it also comes with a host of legal responsibilities. Failing to meet these obligations can result in fines, disputes, or worse — reputational damage. At Caspian Giles, we work closely with landlords to ensure full legal compliance, minimising risk and safeguarding your assets.
Here’s a clear overview of the key legal requirements every landlord should understand before handing over the keys.
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1. Right to Rent Checks
Before a tenancy begins, landlords in England are legally required to check that all tenants aged 18 or over have the legal right to rent in the UK. This includes:
• Verifying identity documents
• Keeping copies for your records
• Conducting follow-up checks where required
At Caspian Giles, we carry out Right to Rent checks on your behalf, ensuring full compliance with Home Office guidance.
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2. Tenancy Agreements
A written tenancy agreement isn’t just best practice — it’s a critical legal document that sets out:
• The terms of the tenancy
• Rent amount and due dates
• Responsibilities of each party
• Notice periods and conditions for termination
We provide professionally drafted ASTs (Assured Shorthold Tenancies) tailored to each tenancy, offering clarity and protection.
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3. Deposit Protection
If you take a security deposit from your tenant, it must be:
• Protected in a government-approved scheme (TDP)
• Registered within 30 days
• Accompanied by prescribed information provided to the tenant
Failure to comply can result in fines of up to three times the deposit amount and can invalidate your right to evict the tenant under Section 21.
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4. Safety Certificates & Compliance
There are several legal safety standards that must be met before a tenancy can begin:
• Gas Safety Certificate (renewed annually)
• EICR (Electrical Installation Condition Report) every 5 years
• Smoke alarms on each floor and carbon monoxide detectors where required
• Energy Performance Certificate (EPC) with a rating of E or above (unless exempt)
Caspian Giles manages all compliance inspections and certifications, giving you total peace of mind.
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5. Licensing Requirements
Some local councils require landlords to obtain a property licence, especially for Houses in Multiple Occupation (HMOs) or in areas under additional or selective licensing schemes. We advise all landlords on:
• Whether licensing applies
• Application procedures
• Ongoing obligations under licensing conditions
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6. Evictions & Possession Notices
If you ever need to regain possession of your property, the process must be handled legally. Depending on the circumstances, this may involve:
• Section 21 (no-fault possession)
• Section 8 (where the tenant has breached terms, e.g. rent arrears)
• Court proceedings if the tenant refuses to vacate
Caspian Giles works with experienced legal partners to manage this process lawfully and efficiently.
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Final Thoughts
Being a landlord is about more than just collecting rent — it’s about running a legally sound business. At Caspian Giles, we take the guesswork out of compliance and ensure that your investment is protected at every step.
Need guidance on your legal obligations as a landlord?
Our lettings and compliance specialists are here to help.
