As a landlord or letting agent you must at the start of a tenancy:

• Give the tenant your name and address.

• Check your tenant has the right to rent your property if it’s in England.

• Make sure all gas appliances and fittings are safe to use and provide the tenant with a copy of the annual gas safety record.

• Have the property electrics checked at least every 5 years by a properly qualified person. The electrics must meet standards and landlords must give their tenants proof of this.

• Provide the tenant with an Energy Performance Certificate (EPC) for the property.

• Protect your tenant’s deposit in a government approved scheme.

• Make sure smoke alarms and carbon monoxide alarms if needed are fitted and working at the start of the tenancy.

• Make sure the property is free from serious hazards. Renovation grants are no longer available, but funding may be available to assist in first time gas central heating systems and air source heat pumps or energy efficiency improvements.

During a tenancy a landlord or letting agent must:

• Keep your rented property safe and free from health and safety hazards.
• Make sure electrical equipment is safely installed and maintained.
• Give 24-hours notice if you want to visit a property.
• Give the proper notice if you want a tenant to leave the property.

If your property is a House in Multiple Occupation (HMO), you may need to apply for an HMO licence from the council.

Further information on how to rent out a property can be found on the GOV.UK website:

GOV.UK - Rent out a property (external website)

GOV.UK - How to Let Guide (external website)

GOV.UK - Landlord and tenant rights and responsibilities in the private rented sector (external website)

GOV.UK - Guide for Landlords: Homes (Fitness for Human Habitation) Act 2018 (external website)

The government guidance on 'Understanding and addressing the health risks of damp and mould in the home' has recently been published:

GOV.UK - Understanding and addressing the health risks of damp and mould in the home (external website)

You can find further advice by visiting our condensation, damp and mould page.

The law requires landlords who let property in England and Wales and who take deposits from tenants to place or register the deposit with one of three government-approved tenancy deposit schemes (TDP). The scheme makes sure a tenant's deposit is protected so they get all or part of it back when they are entitled to, and that any disputes between tenant and landlord or agent are easier to resolve.

Landlords who fail to use a tenancy deposit scheme may face a financial penalty.

At the start of a new tenancy, you must within 30 days give the tenant details of how their deposit is protected.

There are three authorised schemes:

Deposit Protection Service (DPS) (external website)

MyDeposits (external website)

Tenancy Deposit Scheme (TDS) (external website)

If a landlord hasn't protected a tenant's deposit or refuses to give details of the scheme he or she has used, a tenant can apply to a county court for an order to either pay back the deposit or to protect it in one of the TDP schemes.

Further information on the tenancy deposit scheme can be found on the GOV.UK website:

GOV.UK - Tenancy deposit protection (external website)

A landlord or letting agent must follow strict procedures if they want a tenant to leave a property.

From 1 May 2026, the Renters' Rights Act comes into force. This changes the way that landlords and letting agencies can end tenancies - they are no longer allowed to use Section 21 “no fault” evictions, which have been abolished. You must now have a valid legal reason, called a ground for possession, to end a tenancy.

You must use a Section 8 notice and follow the correct legal process.

Examples of legal grounds include:

• persistent rent arrears
• serious antisocial behaviour
• major breaches of the tenancy agreement
• genuine intention to sell the property
• needing to move in yourself or a close family member.

You must give proper written notice and obtain a court order before a tenant can be made to leave. The notice period will depend on which ground you are using.

A landlord, or a person acting on their behalf, may be guilty of illegal eviction if they:

• do not give the tenant the proper notice to leave
• change the locks to stop a tenant getting into the property
• evict a tenant without a court order.

A landlord or letting agent may also be guilty of harassment if they do, or fail to do, anything that makes a tenant want to leave, including:

• cutting off services such as gas and electricity
• visiting the property at unsociable hours
• refusing to carry out repairs
• starting but not finishing disruptive repairs or building work
• trying to take away a tenant's legal rights
• being violent or threatening violence
• abusive behaviour
• opening a tenant's post or removing belongings.

You can get legal advice on serving a notice by finding a solicitor at the Law Society website:

A landlord or letting agent must follow strict procedures if they want a tenant to leave a property. The exact procedure will depend on the tenancy agreement and its terms. More information on the different types of tenancy agreements can be found on the GOV.UK website:

GOV.UK - Tenancy agreements: a guide for landlords (England and Wales) (external website)

A landlord, or a person acting on his or her behalf, may be guilty of committing an illegal eviction if they:

• do not give the tenant the proper notice to leave the property
• change the locks to stop a tenant getting into the property
• evict a tenant without a court order.

A landlord or letting agent may also be guilty of harassment if he or she does, or fails to do, anything that makes a tenant want to leave the property which includes:

• cutting off services, like gas and electricity
• visiting the property at unsociable hours
• refusing to carry out repairs
• starting but not finishing disruptive repairs or building work
• trying to take away a tenant's legal rights
• being violent or threatening violence
• abusive behaviour
• opening a tenant's post or removing belongings.

Further advice about how to end a tenancy on or after 1 May 2026 can be found at:

GOV.UK - Ending a tenancy (external website)

You can get legal advice on creating a notice and giving it to your tenants by finding a Solicitor at the Law Society website:

The Law Society - find a solicitor (external website)

More information about ending a tenancy can be found on the GOV.UK website:

GOV.UK - Tenancy agreements: a guide for landlords (England and Wales): Ending a tenancy (external website)

GOV.UK - Evicting tenants (England and Wales) (external website)

GOV.UK - Understanding the possession action process (external website)

Retaliatory eviction is where a landlord tries to evict a tenant because they have made a legitimate complaint about the condition of their property.

From 1 May 2026, the Renters' Rights Act means that there is protection against this happening. Because landlords must now give a valid legal reason to end a tenancy, they can no longer use a 'no fault' eviction to punish a tenant for complaining about repairs.

If a tenant raises a legitimate repair complaint, you should respond promptly and carry out any necessary work. Attempting to evict a tenant in response to a repair complaint could be challenged in court.

Before reporting an issue please read the following guide on how to let a safe home and what to expect if you contact the council:

Information for Tenants and Landlords (pdf 1.3mb)

Report an issue with a tenant

If a tenant is struggling with rent payments, the council's Welfare Visiting team may be able to offer advice:

Money Advice Service

The Universal Credit website now has a section to help landlords understand Universal Credit:

Universal Credit: Universal Credit and landlords website

If a tenant is having difficulty paying their rent, you may be able to request payment of rent from their Universal Credit. Find out how to apply for a Direct Rent Payment on the GOV.UK website.

It is a requirement for all lettings agents and property managers in England to belong to one of two Government approved redress schemes. The schemes are designed to provide a free, independent service for resolving disputes between letting agents/property managers and their customers.

Letting agency work is described as things done by any person in the course of a business in response to instructions received from:

• a private rented sector landlord who wants to find a tenant; or
• a tenant who wants to find a property in the private rented sector.

It does not include where a person only advertises the property for rent and arranges contact between tenants and prospective landlords.

Property management work means things done by a person in the course of business in response to instructions from another person who wants to arrange services, repair, maintenance, improvement, or insurance or to deal with any other aspect of the management of a residential property.

There are two redress schemes:

Property Redress Scheme (external website)

The Property Ombudsman (external website)

The council can impose a penalty charge notice of up to £5,000 where a lettings agent or property manager who should have joined a scheme has not done so.

Further information on the requirement for lettings agents and property managers in England to belong to a government-approved redress scheme can be found on the GOV.UK website:

GOV.UK - Lettings agents and property managers: redress schemes (external website)

From 1 June 2019, the Tenant Fees Act came into force which prohibits landlords and agents from charging any fees to tenants, other than those 'permitted' by the Act and caps tenancy deposits paid by tenants. Any new or renewed tenancy agreement that is signed on or after 1 June 2019 must adhere to the new regulations. More information on the Tenants Act can be found at:

Tenant Fees Act

The Consumer Rights 2015 makes it a requirement for all letting agents to publicise their relevant fees.

The fees must be displayed at each of their offices and in a place which can be easily seen by their clients. Ideally, someone walking into an agent’s office should be able to see the list of fees without having to ask for it. The fees must also be published on the agent's website if they have one.

A description of each fee must be given to enable a person who is paying it to understand the service or cost that is covered by the fee or the purpose for which it is being charged.

In the case of a fee which tenants are liable to pay, an indication of whether the fee relates to each property or each tenant under a tenancy. The amount of each fee must include any applicable tax or, where the amount of a fee cannot reasonably be determined in advance, a description of how that fee is calculated.

If the agent holds money on behalf of persons to whom the agent provides services as part of that work, includes a duty to display or publish, with the list of fees, a statement of whether the agent is a member of a client money protection scheme.

If the letting agent is required to be a member of a redress scheme for dealing with complaints, there is also a requirement for them to display or publish, with the list of fees, a statement that:

• indicates that the agent is a member of a redress scheme, and

• gives the name of the scheme.

Enforcement of the regulations is the responsibility of the council and a penalty charge notice of up to £5,000 can be issued to letting agents who fail to comply.

Further information about the regulations can be found on the government's legislation website.

Consumer Rights Act 2015 - Duty of letting agents to publicise fees etc (external website)

Since the 1 October 2015, the Smoke and Carbon Monoxide Alarm Regulations (England) 2015 have made it compulsory for landlords to fit a smoke alarm on every floor of their rented property, as well as a carbon monoxide alarm in every room containing a solid fuel burning appliance, for example, a coal fire or wood burning stove.

Landlords are required to check that alarms are working at the start of every new tenancy however it is the tenant's responsibility for the ongoing regular testing to ensure they are in working order and to notify the landlord if they identify any problems.

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 will come into force on Saturday 1 October 2022. From that date, all relevant landlords must ensure:

• a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).
• smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.

Registered providers of social housing must ensure at least one smoke alarm is provided on each storey of their homes where there is a room used as living accommodation.

The government has produced a question and answer guide for tenants and landlords.

Smoke and carbon monoxide alarms: explanatory booklet (external website)

Enforcement of the regulations is the responsibility of the council and a remedial notice can be issued requiring the landlord to fit the alarms and a civil penalty charge of up to £5,000 can be issued to a landlord who fails to comply. A Statement of Principles outlining the council's civil penalty structure is available.

Smoke and Carbon Monoxide Alarm Regulations 2015 Statement of Principles (pdf 56kb)

These regulations are not the only fire safety requirements that a rented property may be subject to. There are fire safety requirements under other legislation which may be applicable, such as the Housing Act 2004. Fire is one of the hazards identified by the housing health and safety rating system (HHSRS), which means landlords must assess the risk of fire in rented property and provide appropriate measures to minimise that risk.

If the property is a House in Multiple Occupation the level of fire detection as described above will not be sufficient and a combination of automatic fire detection and structural fire precautions will be necessary.

EPC F and G rated properties are the most energy inefficient houses and impose unnecessary energy costs on tenants and can lead to poor health outcomes. The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 establish a minimum level of energy efficiency for privately rented property. It means that, since 1 April 2018, landlords of privately rented domestic property must ensure that their properties have an EPC rating of at least E before granting or renewing a tenancy. From the 1 April 2020, landlords will not be able to continue letting a property which is already let if that property has an EPC rating of F or G.

Landlords are required to take action to ensure their properties reach an EPC rating of E but where energy efficiency improvements are being installed they may choose to aim above this target to accommodate for future changes.

In certain circumstances, an exemption may be claimed and where a valid exemption applies, landlords must register on the PRS Exemptions Register.

Further information about the regulations can be found on the government's legislation website:

GOV.UK - Domestic private rented property: minimum energy efficiency standard - landlord guidance

GOV.UK - Guidance on PRS exemptions and Exemptions Register evidence requirements

Since 1 October 2008 landlords, or their agents, have needed to provide an Energy Performance Certificate (EPC) whenever a home in the social or private rented sector is let to a new tenant. Landlords, or their agents, must make an EPC available, free of charge, to prospective tenants at the earliest opportunity. This should be when they are first given written information about the property or view it, and before any rental contract is entered into. An EPC is not required for any property that was occupied before 1 October 2008 and which continues to be occupied after that date by the same tenant.

The council is proactively investigating offences in relation to MEES and will continue to monitor the EPC rating of rental properties. It is an offence to rent out a non-compliant property (with a F or G rating) unless an exemption is registered.

Compliance

The council is encouraging all landlords and their agents to act by considering a current in date certificate, or commissioning an up-to-date Energy Performance Certificate, which will identify the current rating (which may have changed if any energy efficiency works have been undertaken), and which will list what remedial works can be undertaken to ensure that your property meets the current MEES regulations.

To discuss or seek advice on your property please contact us on: private.sector.housing@eastriding.gov.uk

Government grants may be available. For further information please visit: GOV.UK - Improve energy efficiency (external website)

Enforcement policy and principles

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (“the Regulations”) in relation to domestic property, as amended by the Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019- (also referred to as the MEES -minimum energy efficiency standard regulations).

It is hoped landlords will comply with the legislation without involvement of the authority and the above guidance will assist in this. In relation to the enforcement and service of penalty notices for breaches of these regulations, although a statement of principles is not required, the authority will follow the general applicable principles for breaches in same vein as in The Smoke and Carbon Monoxide Alarm (England) Regulations 2015: Statement of principles for determining financial penalties (dated December 2015). The financial penalty level for each regulatory breach being clearly detailed below, including offering an early discount for a first offence. The council's Public Protection Enforcement Policy will be considered also.

Where a property fails to meet minimum standards, landlords must register an exemption to comply with the MEES regulations, despite the property not meeting this minimum standard. If this authority believes a landlord has failed to fulfil their obligations under the MEES Regulations, officers can issue a fixed penalty and/or also serve the landlord with a compliance notice.

Applicable principles

The purpose of imposing a financial penalty

The primary purpose of the council’s exercise of its regulatory powers is to protect the interests of the public, although they may have a punitive effect. The primary aims of financial penalties will be to: change the behaviour of the landlord; eliminate any financial gain or benefit from non-compliance with the regulations; be proportionate to the nature of the breach of the regulations and the potential harm outcomes, and to aim to deter future non-compliance.

In considering the imposition of a penalty charge the authority has regard to the evidence of a breach of the requirement of the regulations and relevant notices. In deciding whether it would be appropriate to impose a penalty, the authority will take full account of the particular facts and circumstances of the breach under consideration.

Factors which the authority will take into consideration are the council is satisfied on the balance of probabilities that the landlord has failed to take the remedial action specified in the notice within the period specified, whether extenuating circumstances apply such as:

1. death of landlord where estate is in probate or landlord has died intestate,
2. hospitalisation or placement of landlord in care were there are considerations in relation to the individual’s mental capacity. Please note: this list is not exhaustive.

Financial penalty amounts

A financial penalty allows the council, amongst other things, to eliminate financial gain or benefit from non-compliance. A financial penalty charge will be considered appropriate in the following circumstances: The landlord has failed to comply with the requirements of a compliance or remedial action/notice.

For avoidance of any doubt the following penalty charges will apply:

• £2,000 and/or publication penalty for renting out a non-compliant property for less than 3 months
• £4,000 and/or publication penalty for renting out a non-compliant property for 3 months or more
• £1,000 and/or publication for providing false or misleading information on the PRS Exemptions Register
• £2,000 and/or publication for failure to comply with a compliance notice.

Please note: the maximum fine level is £5000 for the above breaches relating to the same issue at the same time. In the case of multiple offences exceeding this amount the primary offence(s) (those with the highest fine level) shall remain as specified and any subsequent offences shall have the fine level amount(s) reduced as necessary so that the maximum fine level is not exceeded.

Example offences:

Renting out a non-compliant property Regulation 38(1)(a) for over 3 months would incur a fine of £4000 (primary offence).

Non-compliance with a Reg 37 notice (Regulation 38(1)(c)- the fine level would be £2000 (secondary offence).

Renting out a non-compliant property under Regulation 38(1)(a) is the primary offence for a reason, as renting out a substandard property can have a significant impact on the health of tenants, therefore this offence would remain as listed. The financial penalty for breaching the non-compliance notice would be reduced to £1000, in order that the total fine level would not exceed the £5000 maximum.

Details of any landlord's breach will be placed on a publicly-accessible part of the PRS Exemptions Register. This is referred to as publication penalty. The information on the Register will be available for view by the public for 2 years. There is no additional financial charge made for this, but it is hoped this will act as a further deterrent to non-compliance in the first instance.

Early payment discount

The period within which the penalty charge is payable is 30 days beginning with the day on which the penalty charge notice is served. The council has a discretion to specify that if a landlord pays the penalty charge within a specified earlier period a reduction in the penalty charge may be applied.

The council may also exercise a similar discretion where the landlord gives written notice to the council that the landlord wishes the authority to review the penalty charge notice. Of these two discretions, the council will, as a matter of course, exercise the discretion to reduce the penalty charge in relation to payment within a specified “early payment” period.

The specified period for early payment is within 14 days beginning with the day on which the penalty charge notice was served. For a first offence the fine applied an early payment will attract a discount of 50%. For subsequent offences no discount will be applied.

Representations and appeals - review of penalty charge

In conducting any review, the council will consider any representations made by the landlord, and serve notice of its decision whether to confirm, vary or withdraw the penalty charge to the landlord. Representations should ideally consist of clear written evidence along with any exhibits, including statements from the landlord or other individuals to support the landlord's request. It is advised that legal advice is sought in this regard.

A landlord who, having requested a review of a penalty charge notice, is served with a notice confirming or varying the penalty charge may appeal to the First-tier Tribunal against the council’s decision.

Please note: the inability to pay a fine is not an acceptable reason to withdraw a fine. Payment instalments can be arranged with the council.

If representations ask for the fine to be reduced or withdrawn any representations made should include:

1. An in date energy performance certificate demonstrating at least an "E" rating for the rental property
2. Evidence of what construction/repair work has been undertaken with particular reference to damp and mould prevention, insulation provision and type heating in the property
3. Evidence of previous and current tenancies or type of occupation; void periods and relevant names, ages of the occupiers in the property for the last 3 years (if this is relevant to the penalty charge notice).

Other guidance

A Guide to Energy Performance Certificates (pdf 325kb)

Only accredited domestic energy assessors and home inspectors can produce an Energy Performance Certificate (EPC). If you use an independent energy assessor make sure they are a current member of an accreditation scheme, as this ensures your energy assessor is operating to professional standards. An EPC is only authentic if issued by an accredited Domestic Energy Assessor (DEA).

Details of accredited DEAs can be found at the Energy Performance Register.

Energy Performance Register (external website)

The Immigration Act 2014 has introduced the requirement that landlords letting private rented accommodation to new tenants must check their immigration status before allowing them to rent a property. From 1 February 2016, every landlord in the UK has been required to carry out these checks. Checks are required to all new tenants:

• who are 18 years old or over
• where it is their main or only residence.

Tenants fall into three categories:

• unlimited right to rent in the UK

• time limited right to rent in the UK (landlords are required to carry out reviews of the immigration status throughout the term of the tenancy)

• no right to rent in the UK (landlords should not rent to anyone in this category).

Copies of the tenant’s identification will need to be kept securely by the landlord throughout the tenancy. If a landlord allows a disqualified person to rent a property they can be issued with a penalty notice of £3,000.

Further information on how to check a tenant's right to rent can be found on the GOV.UK website:

GOV.UK - Check your tenant's right to rent (external website)

Many landlords are confused about what impact Brexit will have on their business and tenants, with one of the most confusing issues being around Right to Rent Checks. To help the Government have released some advice on the GOV.UK website:

GOV.UK - Right to rent checks for EU, EEA and Swiss citizens after Brexit (external website)

Legionnaires disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water. All man-made hot and cold water systems can provide an environment where Legionella can grow. The Health and Safety at Work Act 1974 requires that every landlord has a duty to carry out a risk assessment to ensure that their tenants are not exposed to health and safety risks which include a legionella risk assessment.

It does not always require an in-depth detailed assessment. The risks from hot and cold water systems in most residential dwellings are generally considered to be low, due to regular use. An example of a low-risk property would include a small house with domestic-type water systems where water is used daily, cold water is used directly from a mains supply (no water storage tanks) and hot water is fed from instantaneous heaters (supplying outlets at 50 degrees celsius) and the outlets only include toilets and wash hand basins.

Implementing simple, proportionate and appropriate control measures will make sure the risk remains low. For most domestic hot and cold water systems, the temperature is the most reliable way of ensuring the risk of exposure to Legionella bacteria is minimised i.e. keep the hot water hot, cold water cold and keep it moving. Other simple control measures to help control the risk of exposure to Legionella include:

• flushing out the system prior to letting the property

• avoiding debris getting into the system

• setting control parameters (for example, set the temperature of the hot water cylinder to make sure water is stored at 60 degrees Celsius)

• make sure any redundant pipework is removed.

Tenants should be advised of any control measures put in place that should be maintained and tenants should inform the landlord if the hot water is not heating properly or there are any other problems with the system so that appropriate action can be taken.

In most cases, the actions landlords need to take are simple and straightforward; compliance does not need to be difficult or costly. Most landlords can assess the risk themselves and do not need to be professionally trained or accredited; but if they do not feel competent, or inclined to do so, they can arrange for someone who is to do it on their behalf.

Further information on Legionnaires' disease can be found on the Health and Safety Executive website:

Health and Safety Executive: Legionella and Legionnaires' disease (external website)

If you are a landlord with an empty property, you may be able to get help to find a tenant.

Please email your request to housing.services@eastriding.gov.uk and a referral will be made to the council’s tenant mediation officer, who will see if anyone from the council housing waiting list might be suitable for your property. Once we have found a possible tenant we will contact you with their details.

The Housing and Planning Act 2016 provides powers that permit local authorities to impose a civil penalty of up to £30,000 as an alternative to prosecution for a range of offences under the Housing Act 2004, and where a landlord or property agent has breached a banning order under the Housing and Planning Act 2016.

Civil penalties for certain housing offences came into force on 6 April 2017. The guidance has been updated to reflect that from 6 April 2018 a civil penalty can also be imposed for breach of a banning order. These are for offences detailed in Housing Act 2004 Section 249a, and will be issued in accordance with the council's Civil Penalty Policy for Housing Offences:

Civil Penalty Policy for Housing Offences (pdf 214kb)

The Housing and Planning Act 2016 enables local authorities to apply to the First-tier Tribunal to impose a banning order on a landlord or managing agent, following conviction for a ‘banning order offence’.

A landlord subject to a banning order is prevented from:

• Letting housing in England • Engaging in English letting agency work • Engaging in English property management work; or • Doing two or more of those things (to ensure that any order is effective and to prohibit engagement in other related activities).

The Council's Banning Order Policy explains how the Council will use the powers under the Housing and Planning Act 2016 to ban landlords and property agents from renting out property in the private rented sector.

Banning Order Policy under the Housing and Planning Act 2016 (pdf 343kb)

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1st June 2020. These regulations apply in England only to:

• all new specified tenancies from 1st July 2020 and
• all existing specified tenancies from 1st April 2021.

These regulations impose duties on private landlords of residential premises in England in respect of electrical safety standards. The duties do not apply to landlords of social housing. The regulations require local housing authorities to enforce the duties and include a power to arrange remedial action and the council may also impose a financial penalty of up to £30000 on landlords who are in breach of their duties. The issuing of civil penalties and the level of penalty imposed will be determined in accordance with the council's Civil Penalty Policy for Housing Offences.

Civil Penalty Policy for Housing Offences (pdf 214kb)

Summary of The Electrical Safety Standards in Private Rented Sector (England) Regulations 2020 (pdf 59kb)

ERYC guidance to electrical safety standards in the private rented sector (pdf 538kb)

Further information about how the Electrical Safety Standard Regulations affect landlords can be found at the GOV.UK website:

Guidance on the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (external website)

The council periodically produce a newsletter sent by email packed with up-to-date content for landlords and letting agents. You can register online or email Private.Sector.Housing@eastriding.gov.uk to receive the latest copy.