Pre-Tenancy Checklist for Landlords in England: What to Do Before Renting Out
The Tasks That Must Be Finished Before Keys Change Hands
The pre-tenancy compliance window in England is the period between deciding to let and handing over the keys. Every task in this window has a statutory deadline, and several of them gate each other — you cannot serve certain documents until other certificates exist, and you cannot use certain possession grounds later if you failed to protect the deposit on time.
Here is what must be complete before day one.
Safety Certificates
Gas Safety Record (CP12) — Commission a Gas Safe registered engineer to inspect every landlord-provided gas appliance, installation, and flue. The engineer issues a CP12 valid for 12 months. A copy must be given to the tenant before they occupy the property. Failure to meet the gas safety duties can lead to prosecution under the Gas Safety (Installation and Use) Regulations 1998.
Electrical Installation Condition Report (EICR) — A qualified electrician inspects the fixed wiring every five years. Required remedial or further investigative work must be completed within 28 days or any shorter period specified in the report, and written confirmation obtained. The satisfactory EICR goes to the tenant before move-in.
Energy Performance Certificate (EPC) — Must be valid (they last 10 years) and show a rating of E or above. This is needed before you even market the property, since the rating must appear in listings. Properties below E cannot be let without a registered exemption.
Smoke and carbon monoxide alarms — Installed before move-in day: at least one smoke alarm on every storey, a CO alarm in any room with a fixed combustion appliance. Both types must be tested and confirmed working on the day the tenancy begins.
Document Delivery
Provide the written key information, including the landlord's name and address for service, before signing or otherwise agreeing the tenancy; it can be included in the tenancy agreement. Before occupation, give the tenant:
- The Gas Safety Record (CP12)
- The EICR
- The EPC
Get a signed receipt for each document. If a dispute later reaches the county court or First-tier Tribunal, proof of service determines whether the landlord can rely on certain possession grounds and avoids civil penalties for non-service.
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Deposit Collection and Protection
Collect the deposit after the tenancy agreement is signed. The maximum amount is five weeks' rent (annual rent under £50,000) or six weeks' rent (£50,000+). Within 30 calendar days of receiving the money:
- Protect it in an approved scheme — DPS (custodial, free), MyDeposits (custodial or insured), or TDS (custodial or insured)
- Serve the Section 213 Prescribed Information to the tenant and any third party who paid the deposit
- Provide the scheme's official information leaflet
Miss the 30-day window and two things happen: the tenant can claim compensation of one to three times the deposit through the county court, and the landlord loses the right to serve certain Section 8 notices until the failure is remedied.
Right to Rent Verification
This is a statutory immigration check, not optional due diligence. Under Section 22 of the Immigration Act 2014, every adult occupier (aged 18+) must be verified before the residential tenancy agreement is entered into, except in limited circumstances when the check cannot be completed earlier, such as when a prospective tenant is overseas. Three compliant routes:
- Home Office online service — mandatory for anyone with digital immigration status (eVisas, EU Settlement Scheme). The tenant generates an "R"-prefix share code
- Manual document check — inspect original identity documents in person or via live video call
- Digital identity verification — for British and Irish passport holders only, through a certified Digital Verification Service Provider
For time-limited immigration status, the check must be done no earlier than 28 days before the tenancy agreement is entered into; unlimited status can be checked any time before the agreement is entered into. Complete follow-up checks before time-limited permission expires. Records must be retained for the tenancy duration plus one year.
Civil penalties for a failure: up to £10,000 per unauthorised occupier (first offence), £20,000 for repeat breaches.
What Most First-Time Landlords Miss
The items above are non-negotiable. But the pre-tenancy window also includes steps that are easy to overlook:
- Mortgage consent to let or BTL product transfer — must be in place before advertising
- Freeholder permission — leasehold properties require a separate subletting consent
- Local licensing check — private lets within a designated selective-licensing area need a licence, not just HMOs; check the property postcode with your council
- Landlord buildings insurance — standard home insurance voids when a tenant moves in
- Furnished items fire safety — all landlord-provided upholstered furniture must carry fire compliance tags
- Legionella risk assessment — a practical review of the water system, not a lab test
The Full Workflow
A pre-tenancy checklist tells you what to do. A compliance guide tells you how, in what order, with the statutory references and the evidence trail. For the complete sequenced walkthrough, see the Becoming a Landlord in England guide.
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