The paperwork you need before you can let a property

Letting a property in the United Kingdom involves a set of legal obligations that sit with the landlord, not with the agent, even when an agent is doing the work. If something has not been done, it is the landlord who is exposed, so it is worth understanding what the list is rather than simply handing it over.

The rules differ between England, Wales, Scotland and Northern Ireland, and they change. What follows is what a letting agent will normally ask a landlord for and why it matters. It is a map, not legal advice, and each item is worth checking at source for the nation you are letting in.

Safety certificates

• Gas. If there is a gas appliance, a registered engineer has to check it and issue a record, and it has to be renewed. The tenant has to be given a copy.
• Electrical. The installation has to be inspected and a report issued, renewed periodically, with a copy to the tenant.
• Energy performance. A property needs a valid energy performance certificate before it is marketed, and there are minimum efficiency standards that determine whether it can be let at all.
• Smoke and carbon monoxide alarms. Requirements on where they must be fitted and who checks them at the start of a tenancy.

Ask your agent which of these they arrange, which they only remind you about, and what it costs either way. The renewals are the part that gets missed, because the first year is easy to remember and the fourth is not.

The deposit

A tenancy deposit generally has to be protected in an approved scheme within a set period, and the tenant given prescribed information about where it is and how to get it back. The consequences of getting this wrong are serious and include difficulty regaining possession later.

If an agent holds the deposit, ask which scheme, whether it is insured or custodial, and ask to see the confirmation. It is your liability sitting in their account.

Right to rent

In England, landlords must check that a tenant has the right to rent in the United Kingdom before the tenancy starts, and keep evidence of the check. Agents commonly do this, but the responsibility can remain with the landlord depending on what has been agreed in writing. Make sure it is agreed in writing.

What has to be handed to the tenant

At the start of a tenancy a tenant is normally entitled to a set of documents, which typically includes the gas and electrical records, the energy certificate, the deposit protection information and the government’s guide for tenants. Failing to serve them can affect a landlord’s ability to end the tenancy later, which is why agents are particular about it.

The inventory

Not a legal requirement, and the single most useful document you will ever produce. A dated, photographed inventory agreed by the tenant at the start is what decides a deposit dispute at the end. Without one, the adjudicator has very little to work with, and the benefit of the doubt does not usually fall to the landlord.

Insurance and consent

Ordinary home insurance does not usually cover a let property, and a residential mortgage usually requires the lender’s consent before letting. If the property is leasehold, the lease may restrict letting altogether. All three are worth checking before a tenant is found rather than after.

What we would say

Ask your agent for a written list of who does what, item by item, with the renewal dates on it. A good agent will already have one. It is the difference between a service and an arrangement.