Legal documents that must be given to tenants pre-tenancy: a Landlords Checklist

As a landlord, it is important to understand your legal obligations when renting out a property. Not only does this protect you from potential legal issues, but it also ensures that your tenants have a safe and secure living environment. In this blog post, we will go through a checklist of documents that must be given to tenants pre-tenancy.

The Tenancy Agreement

A tenancy agreement is a written contract between the landlord and tenant that outlines the terms of the tenancy. It is a legal requirement to provide a written tenancy agreement to your tenant. The agreement should include details such as the start and end date of the tenancy, the rent amount & due dates, notice period and any other terms and conditions of the tenancy.

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The Energy Performance Certificate

An Energy Performance Certificate (EPC) is a document that rates the energy efficiency of a property and the document expires after 10 years. It is a legal requirement to provide an EPC to your tenant. To obtain an EPC, you can contact a qualified energy assessor who will assess the property and provide the certificate.

Gas Safety Certificate

A Gas Safety Certificate is a document that proves that all gas appliances in the property have been checked and are safe to use. It is a legal requirement to provide a Gas Safety Certificate and renew it every year. To obtain a Gas Safety Certificate, you must contact a Gas Safe registered engineer who will carry out the checks and provide the certificate.

Electrical Installation Condition Report (EICR)

An EICR is an Electrical Installation Condition Report. It is a formal document that is produced following an assessment of the electrical installation within a property. It must be carried out by an experienced qualified electrician or approved contractor. 

How to Rent Guide

The How to Rent Guide is a government-provided document that provides information to tenants on their rights and responsibilities. It is a legal requirement to provide the guide to your tenant. You can obtain the guide here from the government website.

Deposit Protection Scheme

The Deposit Protection Scheme is a legal requirement that ensures the tenant’s deposit is protected. You must protect the deposit within 30 days of receiving it and once protected, provide the tenant with a copy of the deposit registration certificate, prescribed information and scheme leaflet. It’s important to note that not providing these three documents is considered the same as not protecting the deposit at all and as a result the landlord could face legal action from the tenant.

There are three government-approved schemes that you can use to comply with this requirement, which you can find linked below:

The importance of providing legal documents

It is essential for landlords to provide legal documents to their tenants before the start of any tenancy agreement as failure to do so can result in legal issues for both parties involved. Compliance documents contain important information that ensures the safety and wellbeing of tenants, such as gas safety certificates, energy performance certificates, and electrical safety certificates.

These documents provide evidence that the landlord has met their legal obligations and have taken the necessary steps to ensure the property is fit for purpose. Providing these documents to tenants before the start of the tenancy agreement gives them the opportunity to raise any concerns and ensure they are fully aware of their rights and responsibilities, and also means that landlords can avoid costly legal disputes and maintain a positive relationship with their tenants.

Conclusion

In conclusion, as a landlord, it is important to comply with your legal obligations when renting out a property. This includes providing your tenant with a tenancy agreement, EPC, Gas Safety Certificate, How to Rent Guide, and protecting their deposit. By doing so, you ensure that your tenant has a safe and secure living environment, and you protect yourself from potential legal issues. Always keep in mind that a good landlord-tenant relationship is crucial for a successful tenancy.

 

Free Landlord Resources

Free Instant Valuation

See how much your property could get in rent.

Fee Saving Calculator

See how much you could save on property fees.

Yield calculator

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Compliance checklist

Make sure your buy-to-let property remains legal.

Compliance Guide

Download your complete landlord compliance guide 

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Sam has a wealth of experience across the private landlord and Build to Rent sectors. He has advised a wide range of clients across the whole of London on how to find great tenants, improve their assets and effectively market their properties for the best returns.

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