How to start a tenancy

What you must do when you rent a property to a new tenant - from checks and certificates, to deposits and agreements.

Check if your tenant can rent in England

You must check that your tenant can legally rent in England.

• Visit GOV.UK for details on Right to Rent checks.
• See Shelter’s free eLearning module on Right to Rent for landlords.

Provide a written tenancy agreement

A tenancy agreement is a legal contract which states the terms of a tenancy. We recommend issuing tenants with a written tenancy agreement or providing a written statement that states the terms on which they occupy the house. See GOV.UK for a model tenancy agreement.

Give your tenants valid certificates and guides

At the start of a tenancy, landlords must give tenants:

• A valid Gas Safety Record for the property
• A valid Energy Performance Certificate for the property as soon as possible
• The most recent EICR Certificate
• A GOV.UK How to Rent Guide
• A copy of your Selective licence  or HMO licence with conditions, if the property requires a licence.

Use a government-approved deposit scheme

Landlords must put tenants’ deposits into a government-approved deposit scheme within 30 days of receiving them. If deposits are not protected, tenants may be entitled to compensation. The three approved schemes are:

• Deposit Protection Service
• MyDeposits
• Tenancy Deposit Scheme

The maximum cost a tenant can be charged for a deposit is five weeks’ rent if the annual rent is below £50,000, or six weeks’ rent if the annual rent is over £50,000. 

Your other responsibilities

As a landlord, you are also responsible for letting you tenants know:

• how to contact you to report repairs, including an out-of-hours contact number for emergencies.
• their waste management responsibilities - see our bins and recycling section for more.

Seek guidance on rent and fees

There are limits on what you can charge a tenant. This includes rent, deposit, holding deposits and some other charges.

• Visit GOV.UK for guidance on tenant fees.
• See Shelter’s free eLearning module on Tenant Fees Act 2019 for landlords.
• Visit GOV.UK for guidance on the correct rent increase process.