Is every property legal to let? Certificates, alarms, Right to Rent and HMO licences

Written for portfolio landlords, letting and managing agents, HMO operators and short-let operators in England, Wales, Scotland and Northern Ireland.

The short version

1. Keep one tracker for each property.Gas, electrical report, EPC, alarms, licence, Right to Rent and deposit dates, with proof the tenant got each certificate.
2. Book every check before it runs out.A gas check done up to two months early keeps its anniversary date (As of Oct 2026). Don't wait until a certificate has expired.
3. Clear the move-in list before handing keys.In England: Right to Rent checks done, gas record and electrical report handed over, alarms checked, EPC valid and any licence applied for.

Expensive lettings mistakes are often not about rent: a gas record not handed over, a stale electrical report, a missed Right to Rent check, a licence never applied for. Each rule attaches to a property, so keep a tracker per property. Rules below are for England unless a nation is named.

Before the tenant moves in, and in the first 30 days (England)

• Deposit protected, and prescribed information served, within 30 days.
• The written statement of the prescribed terms and information, before the tenancy is entered into.
• Right to Rent checks on every adult occupier, before the start.
• Gas record and electrical report given to the tenant, and alarms checked on day 1.
• A valid EPC before marketing, and any licence the property needs applied for before the let.

Energy rating (England and Wales): a valid EPC lasts 10 years and is needed before marketing. Assured lets must reach band E unless an exemption is registered (£3,500 cost cap; penalties up to £5,000 per property). Band C from 2030 is proposed, not law: budget for it, but it is not a duty yet. As of Oct 2026.

A possession notice later needs evidence that the gas record, EPC and electrical report were given to the tenant.

If the property is an HMO

A property is an HMO when 3 or more people in 2 or more households share facilities as their main home. A couple is one household; unrelated sharers are separate households (Housing Act 2004 s254, England and Wales). HMO and selective licences last up to 5 years, so diarise each renewal 3 months before expiry.

In England, letting without a licence the property needs is an expensive mistake. For example, an unlicensed 5-person HMO risks a civil penalty of up to £40,000, and the managing agent faces the same as a "person managing", whatever the management agreement says. A rent repayment order of up to 2 years' rent can follow: £78,000 on an HMO let at £3,250 a month, a ceiling rather than the likely award. Ask the council which licence each property needs, HMO or selective, and apply before the let. As of Oct 2026.

Planning is separate from licensing: in England a family home can become a 3 to 6 person HMO (use class C4) without permission unless an Article 4 direction removes that right, so check the council's planning register before you buy; 7 or more sharers need permission. HMO common parts need a written fire risk assessment, and a legionella risk assessment belongs on the tracker too.

Elsewhere: in Wales every landlord registers each property with Rent Smart Wales, and anyone doing letting or management work needs a licence with training, renewed every 5 years. Scottish landlords register with the council every 3 years and put the number on adverts. Northern Ireland landlords join the Landlord Registration Scheme.

If you hold landlords' money

Reconcile the client bank to the client ledgers and landlord statements every month. For example, if the ledgers owe £212,400 and the bank holds £209,150, make good the £3,250 from office money at once and record why: one landlord's money never covers another's. Confirm any change of bank details by phone to a number already on file, never by email alone.

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