Legal Landlord Documents – Why You Need to Get Them Right

legal landlord documents

Being a landlord comes with a lot of legal responsibilities – which, unfortunately, also means a lot of paperwork. Fishing out your certificates and putting together your legal landlord documents isn’t exactly a thrilling experience. However, although it may not be the most glamourous part of the job, having the relevant files in place now will seriously help you out when it comes to potential disputes, claims and disagreements.

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EPCs, EICRs and gas safety certificates

Energy performance certificates (EPCs) are a mandatory requirement for all homes on the property market – in most cases, you can’t legally let your home without one. An EPC rates your property– from A to G – on its energy efficiency and carbon dioxide emissions and as of 2018, a property must have a minimum EPC rating of E in order to be let. Unfortunately, only 42% of landlord were aware of this legal requirement.

In short: landlords must give tenants a set of legal documents, including an EPC, gas and electrical safety certificates, the How to Rent guide in England and the deposit prescribed information. Keep signed, dated copies of everything, as missing paperwork can lead to fines and weaken any possession claim.

All rental properties (not just new tenancies and renewals) will require an EPC rating of ‘E’ or above. Read more about it here.

Every year, landlords must renew their Gas Safety Certificate. An annual gas safety check must be carried out by a Gas Safe engineer and clear records must be kept. Along with an EPC, you can’t legally let your home if you skip this step. No EPC or Gas Safety Certificate may put you at risk of penalty charges and leave you vulnerable during deposit disputes or insurance claims.

All rental properties (not just new tenancies and renewals) will require an EPC rating of ‘E’ or above. Read more about it here.

Electrical Installation Condition Reports are a legal requirement for all rental properties. As of April 1st 2021, all landlords must get an EICR every 5 years.

Read more: Lettings Definitions And Renting Jargon: 2023 Landlord And Tenant Guide

How to Rent guide

All landlords must present their tenant with a copy of the government’s How to Rent guide. This is a legal requirement that is often skipped. In 2018, only 52% of landlords issued the How to Rent guide to their tenants. For whatever reason, this little booklet isn’t always taken seriously by landlords – but it should be. Not only is it the law, but neglecting to give your tenant these documents leaves you in breach of your legal obligations, can undermine any possession claim you bring under Section 8 (Section 21 “no-fault” evictions were abolished in England on 1 May 2026), and causes problems with rent guarantee insurance and deposit disputes.

Tenant referencing

Before you enter into a written agreement, you should carry out a reference check on your tenants. Tenant referencing typically consists of a 6-year credit check, a previous landlord reference and an employment reference. These checks give landlords an insight into their tenant’s history and help to identify any past issues – such as CCJs – that could affect your tenancy.

Legal landlord documents: tenancy agreements

One of the main things you need to get right is your tenancy agreement. This may sound obvious, but you’d be surprised at the number of landlords that don’t get it right – or don’t even have one in place. The most basic tenancy agreement for an AST must include:

  • The address of the property
  • The tenant’s details
  • The landlord’s details – including their service address
  • The deposit amount and DPS details
  • The rent amount and payment method
  • Details of any permitted occupiers
  • Required notice periods
  • The length of the tenancy
  • The rights and obligations of the tenant and landlord

Including this information in a written tenancy agreement in place is beneficial to both landlords and tenants. From the get-go, each party’s expectations are clear and any problems or disputes in the future will be much easier to solve.

Writing a tenancy agreement is not a small task – but we’re happy help. Here at LettingaProperty.com we’ll draft a tenancy agreement for you and ensure its good-to-go.

Legal landlord documents: identification

When looking to advertise your property, landlords will be asked to provide identification. This is usually in the form of:

  • Photo ID – such as a driving licence or passport
  • Proof of ownership – such as a mortgage statement, title deed, consent to let or land registry certificate

Some landlords are shocked – and sometimes insulted – when they are asked for ID, but we have their best interests in mind. This level of verification protects landlords against illegal subletters and ensures that only legitimate property ads are published.

Up next: What Tenants Want: Top 11 Features Tenants Look For In A Property 2021

Legal landlord documents: deposits

When it comes to deposits, there are a few legal landlord documents that you must have in place.

Your Deposit Protection Certificate must be sent to the tenant. They must also receive the prescribed information (containing the details of the DPS) and proof of delivery must be recorded. By law, you must use a government-backed tenancy deposit scheme to store your tenant’s deposit and have the relevant paperwork in check. Without the right documents, you will struggle to solve deposit disputes or make a claim on your rent insurance.

Read more: Tenancy Deposits – Everything Landlords and Tenants Should Know

Inventories and mid-term inspections

A property inventory is essential when it comes to damage-related deposit disputes. It’s a record of your property’s condition at the start of the tenancy. Without one, you will struggle to prove your case if your tenant causes any damage and it’s unlikely you will get to keep any of the deposit.

Mid-term inspections and check-outs are also fundamental supporting evidence in damage deposit disputes. Remember, you must give your tenant at least 24 hours’ notice in writing before visiting the property for any reason.

Book your professional inventory today.

Stay protected

Here at LettingaProperty.com, Rent Protection and Legal Expenses Cover are included in our Complete and Essential Plans. Not only does it provide our landlords with peace of mind, but it also ensures that any potential rent arrears disputes will be soundly settled.

Mr Patel, one of our customers eligible for Rent Protection, was especially thankful of this financial protection when his tenant failed to pay the rent and refused to leave to property.

It’s very much the rent guarantee safety net I wanted, never thought I would have to use, but so glad I opted for it from the word go. Especially as I was able to hand everything over to the professionals and not have to get involved in the matter further.

Mr Patel, LettingaProperty.com Landlord

 

Required Landlord Documents in England, Wales and Scotland

The exact documents you must provide depend on where your property is.

England

Landlords must give the tenant an EPC, a Gas Safety Certificate (CP12), an EICR, the government How to Rent guide and the deposit prescribed information. Under the Renters’ Rights Act 2025, written information about the new tenancy terms must also be provided.

Wales

Landlords must provide a written statement of the occupation contract, an EPC, gas and electrical safety records and evidence that alarms are fitted, and must be registered with Rent Smart Wales.

Scotland

Landlords must provide the tenancy terms (with the Scottish Government’s supporting notes), an EPC, a Gas Safety Record and an EICR, and must be entered on the local authority’s landlord register.

Legal Landlord Documents: Frequently Asked Questions

What documents must a landlord give a tenant?

Typically an Energy Performance Certificate (EPC), a Gas Safety Certificate (CP12), an Electrical Installation Condition Report (EICR), the How to Rent guide (in England) and the deposit protection prescribed information. Requirements vary slightly by nation.

What happens if I do not provide the right documents?

You can face fines, and in England failing to provide key documents such as the EPC, gas certificate or How to Rent guide could previously block a Section 21 notice. Section 21 has been abolished, but poor documentation still weakens any Section 8 possession claim and can breach your legal duties.

How long do I have to protect a deposit and serve prescribed information?

In England and Wales you must protect the deposit in an approved scheme and give the tenant the prescribed information within 30 days of receiving it.

Do I need to reissue documents when a tenancy renews?

Provide up-to-date certificates, such as a new gas certificate each year, and reissue the relevant documents where a new agreement is signed. Keep dated copies of everything.

Where should I keep my landlord documents?

Keep signed, dated copies of every certificate and notice, ideally digitally as well as on paper, so you can prove compliance quickly if a dispute or inspection arises.

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